Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Szi Ming Lee, Land Information New Zealand, declares that pursuant to an agreement to that effect having been entered into:

1. the land in the First Schedule to this notice is acquired for use in connection with a road,
2. the easement described in the Second Schedule to this notice is acquired over that part (described in the Second Schedule) of the land described in the Third Schedule to this notice, to be appurtenant to the land described in the Fourth Schedule, upon the terms and conditions set out in the Fifth Schedule to this notice;

and shall each vest in the Crown, on the date of publication of this notice in the New Zealand Gazette.

North Auckland Land District—Auckland District

First Schedule

Land Acquired for Use in Connection with a Road

Second Schedule

Easement to be Acquired

A Right of Way over that part of the land in the Third Schedule shown as “A” on SO 604554.

Third Schedule

The Servient (Burdened) Land

Fourth Schedule

Dominant (Benefited) Land

Fifth Schedule

Rights and Powers

The implied rights and powers in the Land Transfer Regulations 2018 will apply to the Easement subject to the following modifications:

1. Clause 11 of Schedule 5 of the Land Transfer Regulations 2018 is replaced with the following:

11. Repair Maintenance and Costs

(1) Subject to subclauses (2) and (3), the Grantor is responsible, at its sole cost, for the repair and maintenance of the easement facility so as to keep the easement facility In a good and tidy condition and to prevent it from becoming a danger or nuisance.
(2) The Grantee is only responsible for repair and maintenance of the easement facility in the event that the Grantee undertakes works to properly form and seal the easement facility and only then to the extent that it uses the easement facility relative to the Grantor.
(3) Each party is responsible, at their sole cost, for any repair and maintenance of the easement facility that is attributable solely to the act or omission by that party.
(4) The party responsible for any repair and maintenance, as the case may be, must, at their own cost, meet any associated requirements of the relevant local authority.

2. In the event that the Burdened Land becomes road or a State highway, the Grantor and the Grantee agree that this easement shall be deemed to be redundant and, to the extent necessary, they shall, with all due speed and diligence and at their own cost, do all things reasonably within their control to surrender this easement.

Dated at Wellington this 15th day of August 2024.

SZI MING LEE, for the Minister for Land Information.

(LINZ CPC/2020/21367)