4 OCTOBER 2012 NEW ZEALAND GAZETTE, No. 122

cable, pipe, tower, pole, or other structure or thing on, over, or under any motorway, or on, over, or under any land that has been taken, purchased, set apart or acquired for the purpose of constructing a motorway.

Restrictions on excavations

2. For better compliance with the existing restrictions recorded in clause 1.1-1.5 of this schedule and the better protection of the State Highway and the Tunnel, the registered proprietor shall not:

2.1 Excavate or otherwise disturb the soil in any manner whatsoever in the Tunnel Protection Land without the prior written consent of the Crown on each occasion and subject to strict compliance with such conditions as the Crown may impose on any such consent;

2.2 Suffer, allow, or permit (including without limitation giving any consents or approvals under the Resource Management Act 1991 or otherwise) any other person to take any action in respect of the Servient Land that would breach clause 2.1;

2.3 Fund, encourage or otherwise be involved in, any act, matter or thing in respect of the Servient Land that would, if carried out by the registered proprietor itself, breach clause 2.1.

3. For the avoidance of doubt, clause 2.1 applies to any activity, whether that activity commences on the surface of the Servient Land or any other property.

4. The Crown’s consent under clause 2.1 may be given or withheld, or made subject to conditions, at the Crown’s sole and absolute discretion. Consent will be required on each occasion notwithstanding any prior consent or approval obtained for the like purpose on a prior occasion.

5. If NZTA gives written permission to any activities that would otherwise breach clause 2.1, then the Crown will consent under clause 2.1 to those activities.

6. For the avoidance of doubt, the grantor does not require the consent of the Crown to carry out any activities that do not extend into the Tunnel Protection Land.

7. The registered proprietor shall:

7.1 Impose on every occupier of the Servient Land or holder of any unregistered interest in the Servient Land an obligation to observe and perform the terms of this covenant.

7.2 Pay all legal costs and disbursements in respect of the performance and observance by the grantor of the terms of this covenant including legal costs on a solicitor/client basis and to otherwise indemnify the Crown against any claims, loss and expense of whatever kind incurred by the Crown as a consequence of the grantor failing to comply with the provisions of this covenant.

8. This covenant shall be binding on all transferees, tenants, lessees, mortgages, charge-holders and their respective successors in title and assigns of any estate or interest in the Servient Land.

Dated at Wellington this 27th day of September 2012.

R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2010/15422)

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Land Declared Road—State Highway 26
Morrinsville Bypass, Matamata-Piako District

Pursuant to section 114 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ronald Alistair Jolly, Land Information New Zealand, declares the land described in the Schedule to this notice to be road which, pursuant to section 5 of the Land Transport Management Act 2003, forms part of State Highway 26 and shall vest in the Crown on the date of publication hereof in the New Zealand Gazette.

South Auckland Land District—Matamata-Piako District
Schedule

Land Declared as Road

Dated at Wellington this 27th day of September 2012.

R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2000/5557)

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Land Set Apart for Education Purposes—23 Kahu Street, Ohura, Taranaki District

Pursuant to section 52(1) 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 the land described in the Schedule to this notice be set apart for education purposes on the date of publication hereof in the New Zealand Gazette and to remain vested in the Crown.

Taranaki Land District—Taranaki District
Schedule

Dated at Wellington this 24th day of September 2012.

R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2012/16786)

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Land Set Apart for Education Purposes—Waipukurau, Central Hawke’s Bay District

Pursuant to section 52(1) 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 the land described in the Schedule to this notice be set apart for education purposes and vested in Her Majesty The Queen on the date of publication hereof in the New Zealand Gazette.

Hawke’s Bay Land District—Central Hawke’s Bay District
Schedule

Dated at Wellington this 24th day of September 2012.

R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2012/16855)

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