Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, R. J. Sutherland, Land Information New Zealand:
(a) Pursuant to section 20, and to an agreement to that effect having been entered into, declares the land described in the First Schedule to this notice is hereby acquired for road and vested in the Waitakere City Council on the date of publication of this notice in the New Zealand Gazette.
(b) Pursuant to sections 20 and 28, and to an agreement to that effect having been entered into, declares the easements in gross set out in the Second Schedule to this notice are hereby acquired over the lands and in accordance with the terms set out in the said Second Schedule and shall vest in the Waitakere City Council on the date of publication of this notice in the New Zealand Gazette.
North Auckland Land District—Waitakere City Council
First Schedule
Land Acquired for Road
Area
m2 Description
6383 Section 2 on SO 420159 (part Computer Interest Register NA134D/250).
Second Schedule
Easements in Gross to be Acquired
(1) Pedestrian Easement in Gross.
(2) Easement to Convey Water, to Drain Water, to Drain Sewage and to Convey Telecommunication and Computer Media in Gross.
Area
m2 Description
1450 Part Lot 1 DP 207127; marked “A” on SO 420157 (part Computer Interest Register NA134D/250).
319 Part Lot 1 DP 207127; marked “B” on SO 420157 (part Computer Interest Register NA134D/250).
384 Part Lot 1 DP 207127; marked “C” on SO 420157 (part Computer Interest Register NA134D/250).
345 Part Lot 1 DP 207127; marked “D” on SO 420157 (part Computer Interest Register NA134D/250).
389 Part Lot 1 DP 207127; marked “E” on SO 420157 (part Computer Interest Register NA134D/250).
315 Part Lot 1 DP 207127; marked “F” on SO 420157 (part Computer Interest Register NA134D/250).
Terms and Conditions Applying to the Pedestrian Easement
1. The Waitakere City Council (“the Grantee”), shall have the right and through the Grantee members of the public, from time to time and at all times by day and night to go, pass and repass on foot over the land referred to in the Second Schedule above (“the easement facility”).
2. Westgate Properties Limited (“the Grantor”) will at all times keep the easement facility free of obstructions which may unreasonably interfere with the use and enjoyment of the right of way. For the avoidance of any doubt the following will not constitute a breach of this clause:
(a) The existence, or construction, of any structure or canopy over the easement facility so long as there is not less than 2.700 metres clearance to the underside surface of the structure or canopy above the surface of the easement facility and the existence of any signs or appendages affixed below the underside of the structure or canopy do not reduce the minimum clearance above the surface of the easement facility below 2.400 metres.
(b) The use of part or parts of the easement facility for landscape planting, street furniture, or retailing from temporary or permanent kiosks or other temporary activities of a similar nature so long as there remains sufficient unobstructed width within the easement facility for members of the public, including those with disabilities, to pass freely. The grantor acknowledges that a minimum clearance of 1.8 metres should be maintained at all times where possible.
(c) The temporary closure of part of the easement facility for reasons of safety, including without limitation the circumstances where the surface of the easement facility is unsafe or is undergoing repair, or a building adjoining the easement facility is undergoing repair and maintenance.
(d) The temporary closure of all or part of the easement facility to better give effect to a temporary closure of the adjoining road by the Grantee under section 342(2) of the Local Government Act 1974, or by the police under section 342A of the Local Government Act 1974, for the same or a shorter period as the closure of the road.
3. The Grantor will, at its own expense:
(a) maintain the easement facility so that the surface is safe and suitable for use by pedestrians. Upon an upgrading of the easement facility the Grantor will ensure that the design treatment and quality of
the upgraded easement facility is consistent with the design, treatment and quality of the footpaths on
the equivalent footpaths on the northern side of Hobsonville Road.
(b) maintain any landscaped areas within the easement facility in a neat and tidy condition.
(c) keep the easement facility reasonably clean and free from litter.
(d) ensure that the easement facility is adequately light during the hours of darkness.
4. The Grantor shall indemnify and keep indemnified the Grantee in respect of all costs (including legal costs) claims damages and proceedings that may be brought or threatened against the Grantee as a consequence of the failure by the Grantor to maintain the easement facility in accordance with clause 3.
5. If the Grantor fails, after reasonable notice in writing given by the Grantee specifying the maintenance or repair work considered necessary to remedy any breach of clause 3 the Grantee may enter upon the easement facility to undertake that maintenance or repair work and recover the cost of that work from the Grantor.
6. Nothing in clauses 3 and 5 will be construed as precluding the Grantor and the Grantee from reaching agreement over the sharing of costs to renew, improve or replace:
(a) the surface of the easement facility;
(b) the lighting of the easement facility;
(c) any landscaping or street furniture within the easement facility.
Terms and Conditions Applying to the Easement to Convey Water, to Drain Water, to Drain Sewage and to Convey Telecommunication and Computer Media in Gross
7. The Grantee shall have the right to convey water, the right to drain water, the right to drain sewage and
the right to convey telecommunications and computer media under the surface of the easement facility.
8. Except as expressly provided herein, the rights granted under clause 9 are the same rights as those contained in clauses 3, 4, 5 and 8 of Schedule 4 of the Land Transfer Regulations 2002.
9. Clauses 10–13 (inclusive) of Schedule 4 of the Land Transfer Regulations 2002 will also apply to the rights granted to under clause 7.
Terms and Conditions Applying to Both the Above Easements in Gross
10. The rights conferred upon the Grantee under clauses
1 and 7 extend to include the Grantee’s agents, employees and contractors and shall be exercised in common with the Grantor and its agents, employees, contractors, tenants, licensees and other invitees of the Grantor.
11. The Grantee is under no compulsion to exercise all or any of the rights granted under clauses 1 and 7 and
may from time to time commence, discontinue
and recommence the use of the whole or any part or parts of the easement facility for the purpose of the exercise of all or any of those rights.
12. Clause 14 (relating to disputes) of Schedule 4 of the Land Transfer Regulations 2002 will apply to the rights and powers granted under clauses 1 to 9 (inclusive).
Dated at Auckland this 2nd day of October 2009.
R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/2005/10909)