1410 NEW ZEALAND GAZETTE No. 36

Public benefit override

2.7 In any case, the Tribunal may on its own application or upon request release information (subject to any conditions that the Tribunal thinks fit) from, or refuse access to, the Database, where the Tribunal is satisfied that access is required for any one or more of the following purposes:

(a) any criminal proceedings; or

(b) in the interests of the maintenance or protection of public health or safety.

Conditions of Access

3.1 The Tribunal may impose, vary or revoke any conditions it deems appropriate, including without in any way limiting the power of the Tribunal:

(a) an order for the Applicant to contribute to or pay any costs which either the Database Manager or the Tribunal may incur arising out of the access application or as a result of any grant of access;

(b) the time when, and circumstances under which, access should be allowed;

(c) the frequency of access to be granted or allowed;

(d) in cases where data are to be provided, the form of any data to be provided, including whether or not it forms part of an existing service offered by the Database Manager;

(e) any restrictions or limits on the use, disclosure or publication of information accessed from the Database;

(f) the supply to, and use by, the Database Manager of any information which is the subject, or is derived as a consequence, of the access application in order to update or correct the Database;

(g) any time limits on the provision of the information;

(h) any procedures or process for managing any change to the requested information or the Database; or

(i) a requirement that the Applicant provide such security, performance bond or undertaking as may be required by the Tribunal as a condition of access.

Dispute Resolution

4.1 In addition to its decision-making powers in respect of an application, the Tribunal shall also (as the case may require) be empowered to investigate, mediate on, determine, or refer to conciliation or arbitration (subject to clauses 4.2 and 5.1 to 5.3) any issue arising out of an application or more generally relating to access to the Database, including on any recommendation, charge, term or condition on implementing access or on any amendment to the provisions in the Access Code.

4.2 If any dispute or difference arises between the Applicant, the NZDB, or the Database Manager as to any matter concerning or arising out of an access application, the parties to the dispute or difference shall in the first instance use their best efforts to resolve their dispute or difference by negotiation. If the dispute or difference is not resolved within 7 days, it shall be referred to the Tribunal which may then either refer it to conciliation or decide the issue in accordance with its own procedures as a submission to arbitration under the Arbitration Act 1908 and its amendments.

Conciliation

5.1 For the purposes of clause 4.2, "conciliation" means the procedure whereby the Tribunal appoints a conciliator to assist the parties in an independent and impartial manner. The aim of such assistance is to reconcile their views on the dispute or difference in order to reach an amicable settlement or solution. If they are unable to reach such an agreement or solution, the conciliator may formulate the terms of its determination or proposal for a settlement or solution. Such determination or proposal shall be binding on both parties unless within 5 days one party notifies the other that it rejects the conciliator’s determination or proposal.

5.2 The conciliation procedure shall be deemed to have terminated:

(a) by the signing of a settlement agreement by the parties; or

(b) by a written declaration of one party to the other and to the conciliator that the conciliation is terminated; or

(c) by a written declaration by the conciliator to the parties that further efforts at conciliation are no longer justified; or

(d) by the parties not objecting to the conciliator’s determination or proposal within 5 days.

5.3 If the Tribunal refers any dispute or difference to conciliation and that process is terminated without agreement having been reached, then the Tribunal shall decide the issue by arbitration as described in clause 4.2.

5.4 The Applicant shall bear its own costs in respect of any referral to the Tribunal.

5.5 The decision of the Tribunal shall be final and binding on all parties.

Dated the 31st day of March 1994.

The Common Seal of New Zealand Dairy Board was hereto affixed in the presence of:

D. T. SPRING, Director.

T. H. GIBSON, Director.

J. B. MURRAY, Secretary.

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Transit New Zealand

Transit New Zealand Act 1989

Declaring State Highway to be a Limited Access Road (State Highway No. 16): Hobsonville Road

It is notified that Transit New Zealand, by resolution dated 6 April 1994 and pursuant to section 88(1) of the Transit New Zealand Act 1989, hereby declares that part of State Highway No. 16, commencing at the junction of Hobsonville Road with the North Western Motorway at the eastern boundary of Lot 6, D.P. 96884 at RP 19/0.00 and extending in a generally westerly direction for 74 metres as more particularly shown on Sheet 1 of Plan LA 10/60/0 and accompanying schedule held in the office of the Regional Manager, Transit New Zealand, Auckland and there available for public inspection, to be a limited access road.

Dated at Wellington this 14th day of April 1994.

M. K. LAUDER, State Highways Manager.

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