Land Encumbrance and Reserve Revocation




NEW ZEALAND GAZETTE, No. 90 — 20 AUGUST 2015

observance by the Encumbrancer of this Encumbrance Instrument including legal costs on a solicitor/client basis; and

b. to otherwise indemnify the Encumbrancee against any claims, loss and expense of whatever kind incurred by the Encumbrancee as a consequence of the Encumbrancer failing to comply with this Encumbrance Instrument.

  1. No delay or failure by the Encumbrancee to enforce performance of any of the covenants set out in this Encumbrance Instrument and no indulgence granted to the Encumbrancer by the Encumbrancee shall prejudice the rights of the Encumbrancee to enforce any of the covenants or provisions of the Encumbrance Instrument.

  2. The Encumbrancee acknowledges that this Encumbrance does not preclude the Encumbrancer from leasing (subject to compliance with any statutory constraints) or mortgaging or allowing security of whatever kind over the Land and consent from the Encumbrancee, except in any regulatory role, shall not be required.

  3. The Encumbrancer:

a. acknowledges that this Encumbrance:

i. has been granted for valuable consideration received, in full compensation for the grant of this Encumbrance Instrument; and

ii. is intended to charge the Land and bind the Encumbrancer (and successors) to perform the Encumbrancer’s obligations for the period of time set out in this Encumbrance Instrument; and

b. therefore covenants with the Encumbrancee:

i. not to seek to discharge, surrender, lapse, vary, amend, withdraw or remove in any manner whatsoever this Encumbrance Instrument prior to the expiry of that period of time, whether by payment of the total security or otherwise;

ii. to preserve for the period of time set out in this Encumbrance Instrument the integrity of the agreements in this Encumbrance Instrument; and

always to act in good faith and do all acts and things and enter into and execute all documents, instruments (including any replacement encumbrance) and/or easement or land covenant whenever reasonably required by the Encumbrancee and otherwise obtain any necessary consents all of which may be reasonably necessary and appropriate to give full force and effect to the intentions and understandings of the Encumbrancer and the Encumbrancee.

Dated at Wellington this 7th day of August 2015.

N. RANDRUP, for the Minister for Land Information.

(LINZ CPC/2015/18195)


Revocation of the Reservation Over a Reserve—237R James Fletcher Drive, Otahuhu, Auckland

Under the Reserves Act 1977, and to a delegation from the Minister of Conservation, the Conservation Partnerships Manager, Auckland District, Department of Conservation, hereby revokes the reservation for plantation reserve purposes over the land described in the Schedule, with the effect that the land may be disposed of by the Auckland Council ("the council") in such manner, at a price and on terms and conditions as the council determines, the proceeds from a sale to be paid into the council’s reserve account, such money to be used and applied in or towards the improvement of other reserves under the control of the council or in or towards the purchase of other land for reserves.

North Auckland Land District—Auckland

Schedule



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Online Sources for this page:

Gazette.govt.nz PDF NZ Gazette 2015, No 90





✨ LLM interpretation of page content

🗺️ Encumbrance on Land for University Purposes (continued from previous page)

🗺️ Lands, Settlement & Survey
7 August 2015
Encumbrance, Land Agreement, Legal Costs, Indemnity, Leasing, Mortgaging
  • N. Randrup, for the Minister for Land Information

🗺️ Revocation of the Reservation Over a Reserve

🗺️ Lands, Settlement & Survey
Reserves Act 1977, Reserve Revocation, Land Disposal, Auckland Council, Conservation Partnerships
  • Conservation Partnerships Manager, Auckland District, Department of Conservation