30 JUNE 2011 NEW ZEALAND GAZETTE, No. 90

(b) Pursuant to section 114, declares the land described in the Second Schedule to this notice to be road which, pursuant to section 88 of the Government Roading Powers Act 1989, becomes road, limited access road and State Highway 1 and vested in the Crown on the date of publication hereof in the New Zealand Gazette.

Otago Land District—Waitaki District
First Schedule
Land Declared as Road

Second Schedule
Land Declared as Road, Limited Access Road and State Highway

Dated at Wellington this 13th day of June 2011.

K. McPHAIL, for the Minister for Land Information.
(LINZ CPC/1998/2805)
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Land Set Apart for Defence Purposes—Braemar Road, Mackenzie District

Pursuant to section 52(1)(b) of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Paul Stephen Kelly, Land Information New Zealand, declares the land described in the Schedule to this notice to be set apart for defence purposes and vested in the New Zealand Defence Force on the date of publication hereof in the New Zealand Gazette.

Canterbury Land District—Mackenzie District
Schedule

Dated at Wellington this 22nd day of June 2011.

P. S. KELLY, for the Minister for Land Information.
(LINZ PRY-A30-17716-DIS-A/01)
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Easement Acquired for the Drainage, Detention and Management of Water—Kumeu River, Kumeu, Auckland

Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ronald Alistair Jolly, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the easement described in the Second Schedule to this notice is acquired over the land of Robert Craig Walker and Sharon Patricia Walker as to a one-half share, and Sharon Patricia Walker and Robert Craig Walker as to a one-half share ("the Grantor"), being the land described in the First Schedule to this notice upon the terms and conditions set out in the Third Schedule to this notice, and shall vest in the Auckland Council ("the Council") as Grantee on the date of publication hereof in the New Zealand Gazette.

North Auckland Land District—Auckland
First Schedule
The Grantor’s Land

Part Lot 1 DP 424490; now shown as Section 4 on SO 439526, being the balance of the land in Computer Freehold Register 495319 ("the Servient Land").

Second Schedule
Easement to be Acquired

A right to convey, drain, detain and manage water easement in gross over that part of the land marked "A" and "B" on SO 439526 ("the Stipulated Course").

Third Schedule
Terms and Conditions

1. DEFINITIONS

In this Easement Instrument unless the context indicates otherwise:

"Easement Facility" means any and all stopbanks and flood protection works including but not limited to any pipes, conduits, open drains, pumps, tanks (with or without headwalls), manholes, valves, surface boxes, inlet and outlet structures, other equipment suitable for that purposes (whether above or under the ground), and anything in replacement or substitution;

"Grantee" means the person shown as grantee in the recital of this Easement Instrument and where applicable includes its successors in title and its agents, employees, contractors, tenants, licensees and invitees;

"Grantor" means the person named as grantor in the recital of this document and where applicable includes its successors in title and its agents, employees, contractors, tenants, licensees and invitees;

"Servient Land" means the servient land owned by the Grantor being part Lot 2 DP 424490, now defined as Section 4 SO 516499 and being the balance of the land described in Computer Freehold Register 516499 (North Auckland Registry);

"Stipulated Course" means areas marked "A" and "B" on SO 439526; and

"Water" includes river and stream water, rain, storm, spring, soakage or seepage water, as well as water accumulated in the Kumeu River, on other land, and from any public street.

2. GRANT OF DRAINAGE EASEMENT

2.1 The Grantor grants to the Grantee the following easements in gross forever:

2.1.1 The right to convey, drain, detain, and manage Water without obstruction and in any quantity over, under or through the Stipulated Course or through the Easement Facility now laid or to be laid through the Stipulated Course and to discharge the Water beyond the Servient Land; and

2.1.2 The right to fill, re-contour and/or raise the level of the Stipulated Course, and construct retention walls or stopbanks on, under or over the Stipulated Course.