22 MARCH 2012 NEW ZEALAND GAZETTE, No. 35

servient tenement provided that such work does not in any way undermine the batter.

4. If the Grantor fills the land adjacent to all or any part of the servient tenement or constructs a retaining wall such that all or any part of the servient tenement is no longer required then the Grantor may apply to the Grantee for the surrender of this easement and the Grantee will grant a surrender of this easement on such terms as the Grantee may require.

Dated at Wellington this 9th day of March 2012.

K. McPHAIL, for the Minister for Land Information.
(LINZ CPC/2005/10974)

ln1756

Land Acquired for the Use and Convenience of a Road and Stormwater Management Purposes and Easements Acquired—67–71 and 95A State Highway 16, Whenuapai, 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:

(a) Pursuant to section 20, and to agreements to that effect having been entered into, declares the land described in the First Schedule to this notice is hereby acquired for the use and convenience of a road and vested in the Auckland Council;

(b) Pursuant to section 20, and to agreements to that effect having been entered into, declares the land described in the Second Schedule to this notice is hereby acquired for stormwater management purposes and vested in the Auckland Council;

(c) Pursuant to sections 20 and 28, and to agreements to that effect having been entered into, declares the batter easement in gross described in the Third Schedule to this notice is hereby acquired over the land and in accordance with the terms and conditions set out in the said Third Schedule and shall vest in the Auckland Council on the date of publication hereof in the New Zealand Gazette.

North Auckland Land District—Auckland

First Schedule

Land Acquired for the Use and Convenience of a Road

Second Schedule

Land Acquired for Stormwater Management Purposes

Third Schedule

Easements in Gross to be Acquired

Terms and Conditions to Apply to Easements in Gross

1. The Grantee shall be entitled to deposit soil and fill and create and maintain a batter for road on the lands referred to in the Third Schedule above (“The servient land”).

2. The Grantee shall have the right at all times with or without employees, contractors and agents with all necessary plant, tools and machinery to enter upon the servient land to create and maintain the batter for road or to carry out any work or excavation that may be necessary to ensure the continuing functioning of the batter.

3. The provisions of clause 12(2) to (6) in Schedule 4 to the Land Transfer Regulations 2002 are implied into the easement.

4. The Grantee shall be responsible for the repair and maintenance of the batter and for the costs associated therewith so as to keep the batter in good condition and to prevent it from becoming a danger or a nuisance.

5. The Grantor will not at any time without the Grantee’s approval dig in the servient tenement or do or cause to be done anything that will undermine or interfere with the batter in its function of supporting the road but the Grantor will be permitted to landscape or plant in the servient tenement provided that such work does not in any way undermine the batter.

6. If the Grantor fills the land adjacent to the servient tenement or constructs a retaining wall such that all or any part of the servient tenement is no longer required then the Grantor may apply to the Grantee for the surrender of this easement and the Grantee will grant a surrender of this easement on such reasonable terms as the Grantee may require.

Dated at Wellington this 12th day of March 2012.

K. McPHAIL, for the Minister for Land Information.
(LINZ CPC/2005/10974)

ln1755

Severance Taken—State Highway 18, Hobsonville, Auckland

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, subject to land covenant in Transfer C877701.5, and shall remain vested in the Crown on the date of publication hereof in the New Zealand Gazette.

North Auckland Land District—Auckland

Schedule

Dated at Wellington this 15th day of March 2012.

K. McPHAIL, for the Minister for Land Information.
(LINZ CPC/2011/16289)

ln1750

Severance Taken—State Highway 18, Hobsonville, Auckland

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