1 MARCH 2012

NEW ZEALAND GAZETTE, No. 26

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 Tunnel Protection 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 landowner 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 landowner 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 landowner 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 registered proprietor failing to comply with the provisions of this covenant.

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

Dated at Wellington this 21st day of February 2012.

K. McPHAIL, for the Minister for Land Information.
(LINZ CPC/2010/15551)

ln1097

Land Declared Road—State Highway 1 Avalon Drive Bypass, Hamilton City

Pursuant to section 114 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 road which, pursuant to section 88 of the Government Roading Powers Act 1989, becomes road, limited access road and State highway and shall vest in the Crown on the date of publication hereof in the New Zealand Gazette.

South Auckland Land District—Hamilton City

Schedule

Land Declared Road

Dated at Wellington this 23rd day of February 2012.

K. McPHAIL, for the Minister for Land Information.
(LINZ CPC/2001/6952)

ln1117

Land Declared Road, and Road to Be Stopped and Amalgamated—State Highway 56 Wilson Road Corner Realignment, Horowhenua District

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

(a) Pursuant to section 114, declares the land described in the First Schedule to this notice to be road which, pursuant to section 5 of the Land Transport Management Act 2003, forms part of State Highway 56 and shall vest in the Crown;

(b) Pursuant to sections 116 and 117, declares the portions 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 Computer Freehold Register 47041, subject to Part IVA of the Conservation Act 1987 and section 11 of the Crown Minerals Act 1991, on the date of publication hereof in the New Zealand Gazette.

Wellington Land District—Horowhenua District

First Schedule

Land Declared Road

Second Schedule

Road to be Stopped and Amalgamated

Dated at Wellington this 21st day of February 2012.

K. McPHAIL, for the Minister for Land Information.
(LINZ CPC/2008/12884)

ln1145

Land Set Apart for Education Purposes—Waldronville, Dunedin City

Pursuant to section 52(1) of the Public Works Act 1981, and to a delegation from the Minister for Land Information,