NEW ZEALAND GAZETTE, No. 113

22 AUGUST 2013

Kerry McPhail, Land Information New Zealand, declares that the road described in the Schedule to this notice is stopped and, pursuant to section 52(1), set apart for the functioning indirectly of a road (passenger transport station) and shall vest in the Crown on the date of publication hereof in the New Zealand Gazette.

North Auckland Land District—Auckland

Schedule

Road Stopped and Set Apart for the Functioning Indirectly of a Road (Passenger Transport Station)

Dated at Wellington this 19th day of August 2013.

K. MCPHAIL, for the Minister for Land Information.

(LINZ CPC/2007/12155)

ln5338

Land Declared Road—State Highway 1, Auckland–Waiwera Motorway, Auckland

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 5 of the Land Transport Management Act 2003, forms part of State Highway 1 and vests in the Crown on the date of publication hereof in the New Zealand Gazette.

North Auckland Land District—Auckland

Schedule

Land Declared as Road

Dated at Wellington this 19th day of August 2013.

K. MCPHAIL, for the Minister for Land Information.

(LINZ CPC/2007/12155)

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Easement Acquired for the Tukituki Cycle Trail—Waimarama Road, Hastings District

Pursuant to sections 20(1) 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, pursuant to an agreement to that effect having been entered into, the easement described in the Second Schedule to this notice is acquired for the purposes of the Tukituki Cycle Trail over:

(a) The land of Nina Marie Wilding, Michael John Wilding and Vincent John Unverricht (“First Grantor”) described in the First Schedule; and

(b) The land of Craggy Range Vineyards Limited (“Second Grantor”) described in the First Schedule

(The First and Second Grantors each to be known as the “Grantor”). This easement is to be created upon the terms and conditions set out in the Third Schedule to this notice and shall vest in the Hawke’s Bay Regional Council and the Hastings District Council jointly and severally (“Grantee”) on the date of publication hereof in the New Zealand Gazette.

Hawke’s Bay Land District—Hastings District

First Schedule

The First Grantor’s Land
Lot 1 DP 442384 (Computer Freehold Register 551784).

The Second Grantor’s Land
Lot 2 DP 442384 and Lot 1 DP 24839 (Computer Freehold Register 561753).
Lot 1 DP 453989 (Computer Freehold Register 582145).

(The First and Second Grantors’ Land together to be known as the “Servient Tenement”.)

Second Schedule

Easement to be Acquired
A Right of Way (Pedestrian and Cycle Path Access) easement in gross over that part of The Servient Tenement marked “A”, “B”, “C” and “D” on SO 460785 (“The Easement Land”).

Third Schedule

Interpretation
Unless otherwise provided below, the rights and powers implied in specified classes of easement are those prescribed by the Land Transfer Regulations 2002.

In this Instrument, unless the context requires otherwise:

Easement Facility means the existing paved pathway constructed on the Easement Land for pedestrian and cycle access over the Easement Land.

Easement Land means that part of the Servient Tenement shown marked “A”, “B”, “C” and “D” on SO 460785.

Clause 1(c) Schedule 4 of the Land Transfer Regulations 2002 is deleted.

Easement Rights and Powers and Covenants

1. Grant of Right of Way (Pedestrian and Bicycle)

1.1 The Grantor grants to the Grantee, and the general public, the full, free, uninterrupted and unrestricted right at all times to go over and along the Easement Land subject to clause 1.2;

1.2 The right of the general public to go over and along the Easement Land:

1.2.1 Is limited to the right of the general public to go over and along the Easement Land on foot and bicycles only;

1.2.2 Includes the right to go over and along the Easement Land with or without any kind of domestic animal.

1.3 The right of way granted under clause 1.1 of this Instrument includes:

1.3.1 The right for the Grantee to repair and maintain the Easement Facility, and (if necessary for any of those purposes) to alter the state of the land over which the easement is granted;

1.3.2 The right for the Grantee to enter upon the Servient Tenement with or without vehicles and machinery, engineers, contractors and workers as is reasonably necessary for the purposes of laying, inspecting, replacing, enlarging, improving and maintaining the Easement Facility; and