20 NOVEMBER NEW ZEALAND GAZETTE

such form as the Grantee may reasonably require) from any contemplated successor in title to any or all of the Servient Land that that successor in title will be bound by the terms of the easements vested by this order.

11.2 Until such time as any successor in title to the Servient Land executes a deed of covenant in accordance with clause 11.1, such successor in title shall be deemed to be bound by the terms of the easements vested by this order.

12. The Grantor shall, whenever called upon by the Grantee and at the cost of the Grantee, execute such further deeds and assurances such as registrable Easements and/or Encumbrances at a nominal rent charge in perpetuity and arrange for any titles to be produced if required by the Grantee as may be necessary to give full and proper effect to the Grantee’s rights and to enable those rights to be registered against any gazette notice or title which issues in respect of the Servient Land.

13. The Grantee shall be entitled at any time to surrender at its own cost all or any of the Grantee’s rights. The Grantor shall execute any deed of surrender upon request by the Grantee pursuant to clause 12 above.

14. For the purposes of clause 7 of Schedule 1 and clause 1 of this Schedule the current market value of the relevant land shall be determined by a registered valuer appointed by each party and if they cannot agree to be determined by an umpire to be appointed by those valuers prior to their entering into the determination of the matter.

15. The Grantee shall be entitled to transfer or assign the Grantee’s rights as to the whole or any parts of the Servient Land. In any such case upon the assignee or transferee becoming liable under the easements vested by this order (or any of them) or notifying the Grantor that it has assumed the relevant obligations of the Grantee under the easements concerned the provisions of the easements concerned shall cease to be binding upon the assignor or transferor in respect of the relevant parts of the Servient Land (or if applicable, the whole of the Servient Land) but without prejudice to the assignor’s or transferor’s liability for any antecedent breach of covenant under those easements.

16. In the event of any dispute arising between the parties in respect of or in connection with the easements vested by this order, the parties shall, without prejudice to any other right or entitlement they may have under this Agreement or otherwise, explore whether the dispute can be resolved by use of the alternative dispute resolution technique of mediation. The rules governing such techniques shall be agreed between the parties or as recommended by the New Zealand Law Society or as selected by the Chairman of the New Zealand Chapter of LEADR (Lawyers Engaged in Alternative Dispute Resolution).

16.1 In the event the dispute is not resolved within 28 days of written notice by one party to the other of the dispute (or such further period agreed in writing between the parties), either party may refer the dispute to arbitration under the provisions of the Arbitration Act 1996 or any amendment or re-enactment of it. The arbitrator shall be agreed between the parties within 10 days of written notice of the referral by the referring party to the other or failing agreement appointed by the President of the New Zealand Law Society. In either case, the arbitrator shall not be a person who has participated in any informal dispute resolution procedure in respect of the dispute.

17.1 All notices and communications under this order or the easements vested by it shall be delivered personally, sent by prepaid post or by facsimile to the following addresses:

Grantor:
Conservator, Wellington Conservancy, Department of Conservation, Bowen State Building, P.O. Box 5086, WELLINGTON (Telephone: 04 472-5821; Fax: 04 499-0077);

Grantee:
The Property Manager, Electricity Corporation of New Zealand Limited, Rutherford House, 23 Lambton Quay, P.O. Box 930, WELLINGTON (Telephone: 04 472-3550; Fax: 04 499-1244)

or to such other address as either party shall notify to the other. Delivery shall be deemed to have occurred when delivered personally or sent by registered mail or facsimile.

17.2 All consents approvals or other matters of whatsoever kind or nature to be given or received by the Grantor shall be given or received by the Conservator of the Wellington Conservancy, Department of Conservation and shall be given or received by the Grantor on behalf of the Grantor and shall be binding and effectual upon the Grantor and the Grantee.

18. The Grantor shall not at any time do permit or suffer to be done any act whereby the rights powers licences and liberties granted to the Grantee may be interfered with or affected in any way.

Marie Shroff

Clerk of the Executive Council.

Explanatory Note

This note is not part of the order, but is intended to indicate its general effect.

This order vests easements over certain land of the Crown in Mangahao Power Station Limited, a subsidiary of a State enterprise. The vesting takes effect on 21 November 1997.