4284 NEW ZEALAND GAZETTE No. 178

such site, area or place immediately and the Grantor and the Trust are to be advised of the discovery. Any operations or activity on such site, area or place may only continue with the approval of the Grantor which approval shall be deemed to have been given on the delivery by the Grantee to the Grantor of a letter from the Trust stating that such operations or activity may continue;

(d) That where any land within the Hunua Forest is land of special spiritual, cultural or tribal significance to Maori the Grantee will consult with Maori to determine appropriate modifications to the Grantee’s operations to protect such land.

3.5 Protection of Human Bones and Artefacts. If the Grantee becomes aware of any human bones or Maori artefact on the Hunua Forest then the Grantee shall forthwith consult with Maori regarding the reinterment of such bones or disposal of such artefact as the case may be. Pending such consultation, the Grantee shall treat the bones or Maori artefact with respect and shall make proper provision for their protection and preservation.

3.6 ARC Approvals. This Forestry Right shall not oblige the Grantor to provide any permits or consents or approvals under any Act, regulation, bylaw or ordinance, in its capacity as a regulatory body.

3.7 Further Assurances. The Grantor and the Grantee shall at the request of the other party execute and deliver any further documents and do all acts and things as either party may reasonably require to achieve the true intent and meaning of this Forestry Right.

3.8 Registration of Forestry Right.

(a) The Grantor and the Grantee will use their best endeavours to achieve the registration of this Forestry Right as soon as reasonably possible following execution.

(b) To the extent any area of Hunua Forest is reduced from time to time pursuant to clauses 4.14 or 4.15 the parties will enter into a registrable variation of the Forestry Right providing for such changes in area.

3.9 Registration of Watercare Lease. The Grantee acknowledges the right of priority to registration of the Lease to Watercare and in the event of Watercare seeking registration of the Lease or any lease issued in accordance with the provisions of the Lease the Grantee will co-operate in and sign all necessary documents to ensure the Lease has priority on registration to this Forestry Right.

3.10 Variation to Watercare Lease. The Grantor shall not permit any variation of the Lease which has a material detrimental affect on the benefits to the Grantee arising under this Forestry Right unless such variation is imposed by an authority having power to bind the Grantor.

3.11 Lease. The rights and ancillary rights conferred upon the Grantee under this Forestry Right are subject FIRSTLY to the prior rights of the Crown under the Forestry Encouragement Agreements and the plans of operation thereunder, and SECONDLY to the prior rights of Watercare under the Lease.

4. Grantee’s Obligations

4.1 Forestry Operations Plan

(a) The Grantee shall consult with the Grantor and prepare and provide to the Grantor prior to 31 March in each year an annual forestry operations plan in respect of the Grantee’s operations in the Hunua Forest for the purpose of either party avoiding breaching their obligations under this Forestry Right.

(b) Until such time as the loans under the Forestry Encouragement Agreements have been repaid or the obligations to repay the same have been otherwise discharged or cancelled, every annual forestry operations plan should comply with all provisions of the Forestry Encouragement Agreements and the plans of operation thereunder.

(c) Each annual operations plan shall apply for the 12 month period from 1 July in one year to 30 June in the following year. To the extent that any matters are already dealt with in any Resource Management Act application they shall not be required to be included in an operations plan except to the extent the Act permits the Grantee to exercise a discretion.

(d) Subject to the foregoing the annual operations plan will provide for:

(i) felling operations;

(ii) replanting and regeneration;

(iii) maintenance of roads, tracks, road signs, and other facilities;

(iv) public recreation;

(v) construction activities;

(vi) fencing and grazing where applicable;

(vii) protection of indigenous flora and fauna;

(viii) noxious and undesirable animal and plant control;

(ix) fire control and responsibility; and

(x) staff liaison.

(e) In the event that the Grantee intends materially to depart from the annual forestry operations plan it will as far as practicable first consult with the Grantor.

4.2 Access by Grantor and Crown. The Grantee shall allow access through the Hunua Forest for:

(a) The Grantor and Watercare and their respective servants and agents or any agents in substitution thereof for the purpose of carrying on their lawful business and/or any business associated with the supply of bulk water to the Auckland region;

(b) Until such time as the loans under the Forestry Encouragement Agreements have been repaid or the obligations to repay the same have been otherwise discharged or cancelled, the Crown in accordance with the provisions of the Forestry Encouragement Agreements and the plans of operation thereunder which apply to the Hunua Forest;

Unless otherwise permitted (such permission not to be unreasonably or arbitrarily withheld) and except in the case of emergency such entry shall be restricted to travel on foot or by light motor vehicle.

4.3 Public Access. During the Term, the Grantee shall allow the public to enter and use the Hunua Forest for recreational purposes. The Grantor and the Grantee shall consult from time to time in relation to such public access. For the minimum time necessary the Grantee may close roads, tracks or other areas within the Hunua Forest where required to ensure the health and safety of the public or of those working on the land or the protection of the forest. Whenever practical the Grantee shall give the Grantor at least one week’s notice of any limitation on public access necessary pursuant to this clause.