21 SEPTEMBER
NEW ZEALAND GAZETTE
3323

1.4 Any disputes as to the terms or the interpretation of this easement or the liability of the parties will be determined by an arbitrator under the Arbitration Act 1908 and this clause shall be deemed to be a submission within the meaning of that Act.

2.0 The Council’s Agreement:

2.1 Subject to clause 1.3 above, the council shall be responsible for repairing, renewing, inspecting, maintaining and replacing the traffic light(s) and signal detectors situated on the easement land.

2.2 Pursuant to its duties under any relevant Acts, Regulations and Bylaws including the Transport Act 1962 and the Traffic Regulations 1976, the council shall maintain the traffic light(s) and signal detectors to its full operational standards at all times.

2.3 All work carried out pursuant to this easement shall be carried out as expeditiously as possible and shall cause as little damage to the easement land and as little interference with the entrance way to Woolworths, Big Fresh Supermarket situate adjacent thereto, as is reasonably possible.

2.4 At all times at least one way traffic shall be permitted through the easement land.

2.5 Should there be any default by the council in maintaining and repairing the traffic light(s) and signal detectors and such fault shall continue for a period of 2 hours after Woolworths has notified the council and/or the council’s contractor of the need for repair then Woolworths may engage another reputable recognised contractor for emergency restoration of the lights and/or signal detectors to the state it was in prior to the need for repair or maintenance. Woolworths shall notify the council when such other contractor has been engaged by Woolworths.

2.6 The cost of the above repair and/or maintenance shall be borne by the council.

2.7 Wherever possible, the council shall give Woolworths reasonable notice prior to the exercising of its rights, pursuant to this easement PROVIDED HOWEVER that in the event of an emergency the council shall have the right to exercise any of its rights herein contained at any time and without any notice.

2.8 Subject to situations of emergency, the council shall reasonably endeavour to conduct maintenance and/or repair works during non peak hours.

2.9 The council covenants to always retain the traffic light(s) for the duration of this easement, subject however to:

(a) Circumstances where the traffic light(s) and signal detectors are no longer used by the council as a means of traffic control and where these are replaced by an alternative traffic control device; and

(b) Short periods of time where the existing traffic light(s) and all signal detectors are replaced or removed from the easement land for purposes of repair and/or maintenance.

3.0 Woolworths’ Covenants:

3.1 Woolworths will not without the written permission of the council:

(a) grow or permit to be grown any trees, shrubs or bushes of any description; or

(b) erect or permit to be erected any improvements, fixtures or chattels

on the easement land which will interfere with the rights granted by this easement and will not at any time hereafter do permit or suffer any act whereby the full free use and enjoyment by the council of the rights and privileges granted pursuant to this easement are interfered with or adversely affected.

3.2 Woolworths will permit the council, its employees, agents and contractors to park their vehicles at the south side of the traffic light(s) and on the servient land whilst the council, its employees, agents and contractors exercise their rights herein contained.

4.0 Revocation of Proclamation and Declaration:

4.1 Woolworths and the council agree that if at any time the traffic light(s) are permanently removed by the council, then unless another alternative traffic control device is contemporaneously substituted, the council shall subject to events which are outside its control, use its best endeavours to revoke the proclamation in part and surrender up to Woolworths its interest in the servient land whether pursuant to section 54 of the Public Works Act 1981, or otherwise and in any event cause the same to be registered within 90 working days following the request of Woolworths to do so.

4.2 Each party shall be responsible for paying its own costs including legal and/or surveyor costs relating to this revocation.

Dated at Wellington this 19th day of September 1995.

K. L. TURNER, Manager, Lands and Property.

(DOSLI Wn. D/O PL 5/20/7)

In6319

Land to be Set Apart for Justice Purposes in the City of Palmerston North

Pursuant to section 52 (1) of the Public Works Act 1981, and to a delegation from the Minister of Lands, the Manager, Lands and Property, Department of Survey and Land Information, Wellington, declares the land described in the Schedule hereto to be set apart for justice purposes and shall remain vested in the Crown.

Schedule

Wellington Land District

Area
m² Being
4444 Section 1, S.O. Plan 37467.

Dated at Wellington this 19th day of September 1995.

K. L. TURNER, Manager, Lands and Property.

(DOSLI Wn. D.O. 651049)

In6322

Land to be Set Apart for Purposes of a Motorway District of Kapiti Coast

Pursuant to section 52 of the Public Works Act 1981, and to a delegation from the Minister of Lands, the Manager, Lands and Property, Department of Survey and Land Information, Wellington, declares the land described in the Schedule hereto to be set apart for the purposes of a motorway and vested in the Crown.

Schedule

Wellington Land District

Area
m² Being
929 Section 108, Wainui District; all Gazette notice 340213.1.

Dated at Wellington this 19th day of September 1995.

K. L. TURNER, Lands and Property.

(DOSLI Wn. D.O. PL 40/3/47)

In6323