774 NEW ZEALAND GAZETTE, No. 26 1 MARCH 2012

Dated at Wellington this 16th day of February 2012.

N. POLLARD, for the Minister for Land Information.
(LINZ CPC/2005/10976)

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Road Realignment—State Highway 7 Karaka Road, Hurunui 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 sections 116 and 117(3)(b), declares the portion of road adjoining or passing through the land described in the First Schedule to this notice is to be stopped and further, pursuant to section 120(3), amalgamated with the land in Computer Freehold Register CB47C/89, subject to Mortgage A457658.4, section 11 of the Crown Minerals Act 1991 and Part IVA of the Conservation Act 1987;

(b) Pursuant to section 117(3)(b), declares the stopped government road described in the Second Schedule to this notice is, pursuant to section 120(3), amalgamated with the land in Computer Freehold Register CB47C/89, subject to Mortgage A457658.4, section 11 of the Crown Minerals Act 1991 and Part IVA of the Conservation Act 1987, on the date of publication hereof in the New Zealand Gazette.

Canterbury Land District—Hurunui District

First Schedule
Road Stopped and Amalgamated

Second Schedule
Stopped Government Road Amalgamated

Dated at Wellington this 20th day of December 2011.

N. POLLARD, for the Minister for Land Information.
(LINZ CPC/2009/14661)

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Land (Stratum) and Covenant Acquired for Motorway Purposes—Western Ring Route (Roads of National Significance: Waterview Tunnel) – State Highway 20, Auckland

Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Kerry McPhail, Land Information New Zealand, declares that, agreements to that effect having been entered into, the lands described in the First Schedule to this notice are hereby acquired for motorway purposes and the covenant over the land described in the Second Schedule to this notice (being appurtenant to the land secondly described in the First Schedule to this notice) is hereby acquired on the terms and conditions described in the Third Schedule to this notice, and further declares that the said land and covenant shall vest in the Crown on the date of publication hereof in the New Zealand Gazette.

North Auckland Land District—Auckland

First Schedule
Land Acquired for Motorway Purposes

Second Schedule
Land Over Which Covenant is Acquired

Part Lot 1 DP 406935; marked “ER” on SO 434446 (“the Tunnel Protection Land”) (balance Computer Freehold Register 424413).

Third Schedule
Terms of the Covenant

Definitions

“Motorway” means the land described in the First Schedule to this notice.

“Tunnel” means the land described in the First Schedule to this notice.

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

“NZTA” means the NZ Transport Agency.

“Servient Land” means Section 348 SO 434446, being the balance of Computer Freehold Register 424413.

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, 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 Excavation

2. For better compliance with the existing statutory restrictions and the better protection of the State Highway and the Tunnel, the landowner shall not: