NEW ZEALAND GAZETTE, No. 56

29 MAY 2014

Second Schedule

Severance

Dated at Wellington this 26th day of May 2014.

J. EARNSHAW, for the Minister for Land Information.
(LINZ CPC/2005/10852)

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Land Declared Road—State Highway 1, Johns Road, Christchurch City

Pursuant to section 114 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Jessica Earnshaw, Land Information New Zealand, declares the land described in the Schedule to this notice to be road and shall vest in the Christchurch City Council on the date of publication hereof in the New Zealand Gazette.

Canterbury Land District—Christchurch City

Schedule

Land Declared Road

Dated at Wellington this 21st day of May 2014.

J. EARNSHAW, for the Minister for Land Information.
(LINZ CPC/2009/13962)

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Land Declared Road—State Highway 1 and 15A, One Tree Point Intersection, Ruakaka, Whangarei District

Pursuant to section 114 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Teresa Buckthought, 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.

North Auckland Land District—Whangarei District

Schedule

Land Declared as Road

Dated at Wellington this 26th day of May 2014.

T. BUCKTHOUGHT, for the Minister for Land Information.
(LINZ CPC/2008/13316)

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Easement Acquired for the “Water Trail” Cycle Trail—Meanee Quay to Onehunga Road, Napier City

Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Teresa Buckthought, 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 a pedestrian right of way and a cycle path (for use by the general public) over the land of Landcorp Holdings Limited (“Grantor”) described in the First Schedule.

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 (“Grantee”) on the date of publication hereof in the New Zealand Gazette.

Hawke’s Bay Land District—Napier City

First Schedule

The Grantor’s Land

Section 1 SO 10213 and Sections 4–5 SO 10213 (Computer Freehold Register HBP2/646).
(The Grantor’s Land to be known as “Servient Tenement”.)

Second Schedule

Easement to be Acquired

A right of way (pedestrian and cycle path) easement in gross over that part of the Servient Tenement marked “A”, “B”, “D”, “F”, “H”, “HA”, “J”, “L”, “M”, “O”, “S” and “T” on SO 457871 (“Stipulated Course”).

Third Schedule

Easement Rights and Powers

The right of way easement shall contain the rights and powers implied by the Fourth Schedule of the Land Transfer Regulations 2002, varied as set out below.

In the event of any conflict between the implied rights and powers contained in the Land Transfer Regulations 2002 and the rights and powers contained in this instrument, the rights and powers expressly stated in this instrument shall prevail.

Right of Way

1. The Grantor grants to the Grantee the right of the Grantee, in common with the Grantor and other persons to whom the Grantor may grant similar rights, an easement in gross to go over and along the easement facility on the Stipulated Course for use as a public pedestrian and cycle path.

1.1 The right to go over and along the easement facility includes the right to go over and along the easement facility on foot or with cycles only.

1.2 The Grantee shall ensure that no animals (including any dogs, whether on a leash or not) are taken onto the Servient Land.

1.3 The right of way shall be for the use of the general public.

1.4 For the avoidance of doubt the rights and powers implied by the Fifth Schedule of the Property Law Act 2007 are negated, the grant not being a vehicular right of way (except for cycles).

1.5 The right of way includes:

1.5.1 The right to establish a lime sand pedestrian and cycle path, to repair and maintain an existing lime sand pedestrian and cycle path, and (if necessary for any of those purposes) to alter the state of the easement facility.