NEW ZEALAND GAZETTE, No. 72 — 18 AUGUST 2016

(LINZ CPC/2005/10912)

2016-ln4728

Land Acquired for Education Purposes—Porirua City

Pursuant to sections 20 and 50 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Zak Sun, Land Information New Zealand, declares that, an agreement to that effect having been entered into, the land described in the First Schedule to this notice is hereby acquired for education purposes, subject to Part 4A of the Conservation Act 1987, section 11 of the Crown Minerals Act 1991, and subject to and together with all existing encumbrances, easements and interests, and shall vest in the Whitireia Community Polytechnic, subject to the encumbrance in the Second Schedule to this notice, on the date of publication hereof in the New Zealand Gazette.

Wellington Land District—Porirua City

First Schedule

Land Acquired for Education Purposes

Second Schedule

Encumbrance

For valuable consideration, the owner of all the land in the First Schedule, together with their heirs, successors and assigns ("Encumbrancer"), agrees to encumber all of the lands in the First Schedule ("Land") for the benefit of Her Majesty The Queen ("Encumbrancee") for a term of 999 years from the publication date of this notice in the New Zealand Gazette, determinable under clause 3 hereof with an annual rent charge of $1.00 to be paid in January of each year if demanded, and to covenant with the Encumbrancee to secure compliance by the Encumbrancer with the agreements set out in this encumbrance.

1. The Encumbrancer acknowledges that the covenants in this Encumbrance are of a permanent nature, and the Encumbrancer shall not be entitled to a discharge of the Encumbrance during the term, whether by payment of the total security or otherwise.

2. The Encumbrancer covenants with the Encumbrancee that:

   a. the Encumbrancer will not dispose of any or all of the Land without first satisfying its obligations under section 40 of the Public Works Act 1981;

   b. the Encumbrancer will advise the Encumbrancee of the proposed sale; and

   c. if the Encumbrancer sells any or all of the Land before the expiration of five years from the date of publication of this notice in the New Zealand Gazette, the Encumbrancer shall pay 20% of the net proceeds of sale (or such lesser amount agreed by the Encumbrancee) to the Encumbrancee.

3. This rent-charge shall immediately determine and the Encumbrancer shall be entitled to a discharge of this encumbrance if the covenants expressed herein become obsolete or no longer enforceable or where any sunset provision is enacted amending section 40 of the Public Works Act 1981 which provision makes the term of this instrument redundant.

4. The Encumbrancer shall pay its own costs incurred during the course of this encumbrance.

5. Sections 97, 154 and 156 of the Land Transfer Act 1952, and sections 23, 289 and 301–302 of the Property Law Act 2007 shall apply to this Encumbrance but otherwise (and without prejudice to the Encumbrancee’s rights of action at common law as a rent-chargee) the Encumbrancee shall not be entitled to any of the powers and remedies given to encumbrancees by the Land Transfer Act 1952 and the Encumbrancee and its successors and assigns shall not be entitled to any of the powers and remedies given to mortgagees under the Land Transfer Act 1952 or the Property Law Act 2007.

6. The Encumbrancer covenants with the Encumbrancee:

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