18 DECEMBER NEW ZEALAND GAZETTE 4279

1 July 1993 to the close of 15 September 1993 according to the same formula as agreed to by the grantor and the grantee for sharing those costs incurred after 15 September 1993:

(f) The grantee will indemnify the grantor in respect of any liabilities of the grantor relating to the assets transferred by this order, including any liability arising from any claim by Envirolog Limited for the cancellation, in 1991, of a felling contract dated 10 June 1991.

(2) The grantor and the grantee must execute the forestry right within 30 days after the date on which this order is made.

SCHEDULE Cl. 2
Forestry Right
WHEREAS,—

A. The Grantor is registered as proprietor of an estate of freehold in fee simple of a bulk water supply undertaking pursuant to section 42 of the Auckland Regional Authority Act 1963 (such land having become regional parkland under the Local Government Act 1974 and amendments (“the Act”).

Subject however to such encumbrances, liens and interests as are notified by memoranda underwritten or endorsed hereon in all those pieces of land situated in the Land District of North Auckland containing together 15454.035 hectares more or less being the allotments more particularly described in the Third Schedule hereto and being the whole of the land comprised and described in Certificate of Title volume 17A Folio 877 (North Auckland Registry)

SUBJECT TO: The encumbrances and interests recorded in the Third Schedule hereto.

B. The Grantor has at various times since 1961 planted exotic trees on portions of the land described in recital A.

C. The productive and Reserve portions of the forest area are situated within the land described in recital A and are more particularly delineated on the plan annexed hereto, such areas being hereinafter defined as “the Hunua Forest”. The Hunua Forest does not include the Excluded Areas.

D. The Grantor transfers and grants to the Grantee a Forestry Right in respect of the Hunua Forest pursuant to Parts XXXVI and XLIVB of the Local Government Act 1974, on the terms hereinafter set out.

Definitions
The following definitions shall apply to this Forestry Right and the Schedules hereto:

“Access Road(s)” means roads or tracks over land owned by the Grantor adjacent to Hunua Forest which provide access to Hunua Forest.

“ARC Management Plan” means the Park Management Plan in accordance with the Local Government Act 1974, from time to time in force in respect of the Hunua Regional Park.

“Carriageway” means the complete formation width of the relevant road, to the outside edge of the surplus or the drains (if any) on the sides of the road, including all retaining walls, culverts, bridges, protective works, walls, gates and signs relating to that road.

“Commencement Date” means the 1st of July 1994.

“Excluded Areas” shall mean the Exclusive Land, the Reservoir Land, the Primary Buffer Land and the Service Land, to the extent such land falls within the outline boundary of Hunua Forest in the plan annexed hereto, a Police repeater and a telecommunications repeater. The terms “the Exclusive Land”, “the Primary Buffer Land”, “the Reservoir Land” and the “Service Land” shall each have the meaning given to those terms in the Lease. A more detailed description of such excluded areas is set out in the Fourth Schedule to this Forestry Right and is taken from the Fourth and Fifth Schedules of the Lease.

“Forest Produce” shall mean trees, peelers, pulpwood, sawlogs, smallwood, seedlings and other produce from a forest.

“Forestry Encouragement Agreements” means the Forestry Agreements registered under the Forestry Encouragement Act 1962 against Certificate of Title 17A/877 (North Auckland Registry) referred to in recital A of this Forestry Right.

“Holding Company” shall have the meaning given to that term in the Companies Act 1993.

“Hunua Forest” means the area in the plan annexed hereto, and attached in detail as recital C of this Forestry Right, on the signing of this right by the Grantor and the Grantee.

“Lease” shall mean the deed of lease and licence by the Grantor to Watercare Services Limited dated 12 October 1992 of certain land including land within and adjacent to the Hunua Forest.

“Reserve” means those parts of Hunua Forest identified on the plan annexed hereto as indigenous forest and any other area within Hunua Forest (other than roads, tracks and building sites) on which the Grantee is precluded from processing or replanting in terms of this Forestry Right.

“Reservoirs” means the bodies of water on the Reservoir Land.

“Term” means the lesser of 95 years from the Commencement Date or a period commencing on the Commencement Date and continuing in the case of each area of land, on which commercial forestry exists as at the Commencement Date, for a period of 70 years after the date of harvesting of the trees situated on that area of land at the Commencement Date on the basis that those trees will be harvested in accordance with good forestry practice.

“Watercare” means Watercare Services Limited, the lessee described in the Lease and any assignee of the lessee’s interests under the Lease.

NOW THEREFORE in consideration of the premises the Grantor HEREBY TRANSFERS AND GRANTS to the Grantee for the Term the full free and exclusive right to manage, replant, tend, harvest, remove, carry away, process (including milling and peeling) and sell the trees and the Forest Produce growing, standing, or lying, on or in the Hunua Forest other than in the Reserves AND for the purpose of exercising such rights and carrying out its duties hereinafter defined the Grantor HEREBY FURTHER TRANSFERS AND GRANTS to the Grantee the ancillary rights more particularly set out in the First Schedule hereto AND UPON AND SUBJECT TO the terms and conditions set out in the Second Schedule hereto to the intent that the rights herein recorded shall constitute a Forestry Right within the meaning of the Forestry Rights Registration Act 1983.