NEW ZEALAND GAZETTE, No. 17

16 FEBRUARY 2012

Wall and doing anything that may appear reasonably necessary for the maintenance, support and repair of the Rock Anchors and the Retaining Wall, including the replacement of Rock Anchors or installing new Rock Anchors if that is considered necessary. Such access will be obtained only through the Retaining Wall and not through the surface of the Servient Land.

3. The exercise of the rights in clause 2 is subject to the condition that as little disturbance as possible is caused to the subsoil of the Servient Land, that any incidental damage or disturbance done by reason of those works, other than that required due to the installation, maintenance or repair of the Rock Anchors, is promptly made good.

4. The landowner must not:
   (a) restrict in any way the Crown’s access to the Rock Anchors;
   (b) do or permit to be done anything, including any excavation or other work within the Easement Area, which damages or is likely to damage the Rock Anchors or to render them unstable or unsafe; or
   (c) interfere with or attempt to remove any Rock Anchors.

5. If it is no longer necessary to provide support for the Servient Land by means of the Retaining Wall, or if for any other reason it is no longer necessary to use the Easement Area or any part of the Easement Area for the purposes of support for the Retaining Wall by means of the Rock Anchors, whether due to alterations to the levels of the Servient Land or otherwise, either the Crown or the landowner will be entitled on notice to the other to require the surrender of this easement as to all or part of the Easement Area, as the case may be. Either party will be entitled to obtain independent engineering advice on the question of whether that continued support is necessary. Each party will then, at the cost of the Crown, do all such acts and things and execute all documents and instruments when reasonably requested by the other in order to give effect to such surrender. Neither party will be entitled to any consideration or compensation in respect of such surrender.

6. No power is implied in respect of the easement for the landowner to determine the easement for breach of any provision in the easement (whether express or implied) or for any other cause, to the intent that the term of the easement will subsist for all time unless it is surrendered.

Dated at Wellington this 30th day of January 2012.

N. POLLARD, for the Minister for Land Information.
(LINZ CPC/2008/12816)

Road Realignment—Ohauiti Road, Ohauiti, Western Bay of Plenty District

Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Natasha Pollard, Land Information New Zealand:

(a) Pursuant to section 114, declares the land described in the First Schedule to this notice to be road vested in the Western Bay of Plenty District Council;

(b) Pursuant to sections 116 and 117, declares the portion of road adjoining or passing through the land described in the Second Schedule to this notice to be stopped and, pursuant to section 120(3), amalgamated with the land in Part Computer Freehold Register SA67D/235 on the date of publication hereof in the New Zealand Gazette.

South Auckland Land District—Western Bay of Plenty District

First Schedule

Land Declared Road

Second Schedule

Road Stopped and Amalgamated

Dated at Wellington this 7th day of February 2012.

N. POLLARD, for the Minister for Land Information.
(LINZ CPC/2005/10913)

Severance Taken—State Highway 60 Ruby Bay Bypass, Tasman District

Pursuant to section 119(1) of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Natasha Pollard, 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.

Nelson Land District—Tasman District

Schedule

Severance Taken

Dated at Wellington this 9th day of February 2012.

N. POLLARD, for the Minister for Land Information.
(LINZ CPC/2011/6283)