3496 NEW ZEALAND GAZETTE, No. 122 4 OCTOBER 2012

Wellington Land District—Palmerston North City Schedule

Land Declared as Road

Dated at Wellington this 25th day of September 2012.

K. McPHAIL, for the Minister for Land Information.

(LINZ CPC/2005/10827)

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Severance Taken—State Highway 2 – Western Hutt Road, Petone, Hutt City

Pursuant to section 119(1) of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Kerry McPhail, Land Information New Zealand, declares the land described in the Schedule to this notice to be taken as severance and further, pursuant to section 119(4), shall vest in the Crown as stopped Government road on the date of publication hereof in the New Zealand Gazette.

Wellington Land District—Hutt City

Schedule

Severance Taken

Dated at Wellington this 25th day of September 2012.

K. McPHAIL, for the Minister for Land Information.

(LINZ CPC/2012/16636)

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Land Acquired for Road—Auckland Road (State Highway 1), Warkworth

Pursuant to section 20 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, an agreement to that effect having been entered into, the land described in the Schedule to this notice is hereby acquired for road and shall vest in the Crown on the date of publication hereof in the New Zealand Gazette.

North Auckland Land District—Auckland

Schedule

Land Acquired for Road

R. A. JOLLY, for the Minister for Land Information.

(LINZ CPC/2008/12614)

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Land Covenant Acquired—Western Ring Route (Roads of National Significance: Waterview Connection Project) (48A Powell Street) – Auckland

Pursuant to section 20 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, a covenant is acquired over the land described in the First Schedule to this notice (being appurtenant to the land described in the Second Schedule to this notice) on the terms described in the Third Schedule to this notice and is vested in the Crown (called "the Crown") on the date of publication hereof in the New Zealand Gazette.

North Auckland Land District—Auckland

First Schedule

Land Over Which the Covenant is Acquired

Part Section 284 SO 434446, marked "CF" on SO 434446 ("the Tunnel Protection Land") (part Computer Freehold Register 594341).

Second Schedule

Appurtenant land

Third Schedule

Terms of the Covenant

Definitions

"Tunnel" means the land acquired for road in Gazette Notice 8893641.1; shown as Section 84 on SO 434446.

"State Highway" means Western Ring Route Roads of National Significance, State Highway 20, Auckland.

"NZTA" means the NZ Transport Agency.

"Servient Land" means Section 284 SO 434446, contained in Computer Freehold Register 594341.

Existing Statutory Restrictions

1. The registered proprietors acknowledge and accept that certain activities above the State Highway and the Tunnel may affect the integrity of the Tunnel and the safety of the State Highway and users of it;

   Designation pursuant to the Resource Management Act 1991

   1.1 Section 176 of the Resource Management Act 1991 provides that no person may, without NZTA’s prior written consent, do anything in relation to any land subject to the designation, which would prevent or hinder the State Highway or the Tunnel;

   Public Works Act 1981

   1.2 Section 237 of the Public Works Act 1981 provides that, except with the prior written consent of NZTA, no person may excavate or otherwise interfere with any land in the vicinity of the State Highway or the Tunnel if the excavation or interference is likely to produce, directly or indirectly, a subsidence on to the State Highway or the Tunnel or a subsidence of the State Highway or the Tunnel or of the soil under it. A breach of that section is an offence and also gives rise to civil liability for all damage caused to the State Highway or the Tunnel arising from that breach.

   Government Roading Powers Act 1989

   1.3 Section 78 of the Government Roading Powers Act 1989 provides that, except with the prior written consent of NZTA, no person may place any wire,