Pursuant to sections 116 (1) and 117 (3) (b) of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ronald Alistair Jolly, Land Information New Zealand, declares the portion of road described in the First Schedule to this notice to be stopped and, pursuant to section 120 (3), amalgamated with the land in Computer Register SA2D/866, subject to the encumbrance in the Second Schedule to this notice.
South Auckland Land District-Tauranga District
First Schedule
Road to be Stopped and Amalgamated
Area m2 Adjoining or Passing Through
283 Lot 1, D.P. S. 8799; shown as "Section 1" on S.O. Plan 318046.
Second Schedule
Encumbrance
The owner of the land in Computer Register SA2D/866, together with their heirs, successors and assigns ("the encumbrancer"), agrees to encumber Section 1, S.O. Plan 318046 ("the land") for the benefit of the Tauranga District Council ("the council") for a term of 200 years from
3 December 2001 determinable under Clause 5 hereof with an annual rent charge of $1.00 to be paid in January each year if demanded.
The encumbrancer covenants with the council not to transfer the land without notifying the transferee of the council's conditions.
The encumbrancer covenants with the council not to build, erect or construct or permit or suffer to be built, erected or constructed any dwelling, building or other permanent structure on the land nor shall apply for a building permit for such dwelling, building or other permanent structure without incorporating in the design and plans foundations which shall be designed by a registered engineer specialising in soil mechanics.
The encumbrancer accepts that the council is entitled to have soil nails protruding into the land and covenants with the council not to interfere with or remove the soil nails.
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.
The council shall pay its own costs incurred during the course of this encumbrance.
Section 104 of the Property Law Act 1952 applies to this encumbrance but otherwise and without prejudice to the council's rights of action at common law as a rent chargee or encumbrancee:
(a) The council shall be entitled to none of the powers and remedies given to encumbrancees by the Land Transfer Act 1952 and the Property Law Act 1952; and
(b) No covenants on the part of the encumbrancer and their successors in title are implied in this encumbrance other than the covenants implied for further assurance implied by section 154 of the Land Transfer Act 1952.
Dated at Wellington this 19th day of May 2003.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/1998/1286)