Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Zak Sun, Land Information New Zealand:

1. Pursuant to section 114, the land described in the First Schedule to this notice is declared road which, pursuant to section 88(2) of the Government Roading Powers Act 1989, becomes road, limited access road and State highway, and shall remain vested in the Crown;
2. Pursuant to section 48, declares that the noise fence maintenance and access easement in gross over the land in the Second Schedule to this notice shall be granted on the terms and conditions set out in the Third Schedule and remain forever vested in the Crown.

North Auckland Land District—Auckland

First Schedule

Land Set Apart for Road

Second Schedule

Land Over Which a Noise Fence Maintenance and Access Easement in Gross is Granted (“Easement Land”)

Third Schedule

Noise Fence Maintenance and Access Easement Terms and Conditions

1. Interpretation:
1. Noise Fence means the noise fence constructed for the NZ Transport Agency that is located on land held by the Crown for road, and which adjoins the Easement Land.
2. Unless otherwise provided below, the rights and powers implied in specified classes of easement are those prescribed by the Land Transfer Regulations 2002 except as varied herein.
3. The meaning of any words in these terms shall be that given in paragraph 1 of the Fourth Schedule to the Land Transfer Regulations 2002 where applicable.
4. The Grantor is the registered proprietor for the time being, and shall include all assigns, purchasers and subsequent owners of the Easement Land.
5. The Grantee is the Crown in Gross.
2. The Grantee shall have a maintenance and access easement in gross over the Easement Land for the purpose of inspecting, maintaining and replacing the Noise Fence, together with additional rights and powers and subject to the terms and conditions set out herein.
3. The rights and powers implied in rights of way under the Property Law Act 2007 are specifically excluded. The provisions relating to rights of way in the Fourth Schedule to the Land Transfer Regulations 2002 are specifically excluded except for clauses 13 and 14 which shall continue to apply.
4. The Grantee may for the purpose of exercising any right in relation to the Noise Fence and Maintenance Easement:
1. on the giving of reasonable notice enter on to the Easement land at any time with or without agents consultants, servants, contractors, and workmen with all necessary tools, implements, machinery or equipment provided that the Grantee shall not be required to give notice in an emergency; and
2. remain on the Easement Land for such time as is necessary for the purpose of exercising such right
5. In exercising any rights under clause 4 the Grantee shall:
1. complete any inspection, maintenance and replacement of the Noise Fence as quickly as is reasonably possible;
2. cause as little damage, disturbance inconvenience and interruption to the appurtenant land and to the use of the Easement Land as is reasonably necessary; and
3. forthwith make good any damage done to the appurtenant land including any damage done to any property on the Easement Land.
6. To ensure that the Grantee can maintain the Noise Fence the Grantor covenants with the Grantee that the Grantor will not:
1. build or erect any structures or other improvements on the Maintenance Easement Land;
2. carry out any earthworks or stockpiling;
3. allow any vegetation to become established (other than grass);
4. remove or permit the removal of any soil, substance or material; or
5. construct or permit the construction of any driveways;
   which may restrict the Grantee’s rights provided herein without first obtaining the written consent of the Grantee. The Grantee shall be entitled to withhold such consent if, in the Grantee’s reasonable opinion, such work will or might have the effect of obstructing the Grantee’s access to the Noise Fence.
7. The Grantor shall not:
1. Do any act which impedes, interferes with or restrict the rights of the Grantee and other authorised person granted herein.
2. Do or permit to be done or omit to do any act, matter or thing where that act, matter or thing or omission could result in the damage, destruction or reduced effectiveness of the Noise Fence.
8. The Grantor acknowledges that:
1. the Noise Fence is the property of the Grantee; and
2. the Grantor has no rights in respect of the noise fence and shall not attach anything whatsoever to the noise fence or use the noise fence for any means of support.
9. There is no implied power herein for the Grantor to terminate the easement rights due to the Grantee breaching any term of this grant of easement or for any other reason, it being the intention of the parties that the easement rights will continue forever unless surrendered.
10. This easement is granted, under section 48 of the Public Works Act 1981, provided that the right to determine this easement on three months notice for no compensation is expressly excluded.

Dated at Wellington this 2nd day of December 2016.

Z. SUN, for the Minister for Land Information.

(LINZ CPC 2010/15475, 2010/15190, 2010/15167, 2010/15476, 2010/15189, 2010/15477, 2010/15478, 2010/15479, 2010/15457, 2010/15146, 2010/15147, 2010/15168, 2010/15480)