18 DECEMBER
NEW ZEALAND GAZETTE
4285

4.4 Maintenance of Internal Roads

(a) The Grantee shall maintain all internal roads and tracks within the Hunua Forest including roads used by the Grantor, its contractors, servants and agents and Watercare subject to the right to recover costs of maintenance and repair pursuant to paragraph (e) of this clause 4.4. Notwithstanding the foregoing, the Grantor will be entitled to carry out maintenance and repair of any roads within the Hunua Forest in which event it will notify the Grantee accordingly and the Grantee will contribute a fair proportion of the reasonable cost of such maintenance and repair equivalent to its use of such roads. Designated main roads or routes through the Hunua Forest will be maintained to comply with accepted road engineering standards for that class of forest road. Subject to clause 4.4 (d) (iv), road term maintenance shall be undertaken in accordance with the New Zealand Forestry Code of Practice 1993—2nd Edition.

(b) The Grantee may at any time during the Term advise the Grantor that it has ceased using any internal road or track in the Hunua Forest and will no longer carry out the maintenance of such road or track. In that event the Grantor will be entitled to carry out such maintenance provided that the Grantee contributes to the cost of such maintenance to the extent it continues to use such road or track. If the Grantee recommences use of any such road or track on a regular basis, the Grantee will at the request of the Grantor resume responsibility for the maintenance of such road or track.

(c) Subject to clause 4.4 (a) and (b) the maintenance and repair obligations in respect of such internal roads and tracks shall mean maintenance up to but not exceeding the standard of the relevant road or track as at:

(i) the Commencement Date of this Forestry Right; or

(ii) the date of completion of development of any new roads or tracks; or

(iii) the date of completion of redevelopment of any existing roads or tracks and shall include only the costs of maintaining the Carriageway and culverts, excluding any verges or other ancillary areas.

(d) Where the Grantee is responsible for the maintenance and repair of any internal road or track, the Grantee:

(i) may deposit waste material from slips and roadworks on any Reserve subject to the reasonable approval of the Grantor;

(ii) shall carry out all maintenance and repair in such a manner as is reasonably necessary to minimise environmental disturbance of the land affected;

(iii) may close those roads or tracks for vehicular access as shall be reasonably necessary for maintenance or repair, but shall endeavour to give reasonable written notice to the Grantor prior to effecting any such road closures and shall use its best endeavours to minimise the period of closure and if practically possible shall provide alternative access;

(iv) may trim the overhanging or adjoining trees or vegetation within or adjacent to any

Reserve subject to the reasonable approval of the Grantor;

(v) shall use its best endeavours to keep such roads and tracks open at all times.

(e) The Grantor will indemnify the Grantee against the reasonable cost of the maintenance and repair of any roads or tracks in the Hunua Forest used and maintained by the Grantee, which is required as a result of significant or predominant use of the same by the Grantor or any contractor or servant or agent of Watercare (other than the Grantee) or members of the public (except where those members of the public are invited into the Hunua Forest by the Grantee), proportionate to the extent of use by such party of the roads or tracks.

4.5 Maintenance of Access Roads

(a) The Grantor in its sole discretion shall have the right to prevent or restrict access to and along any Access Roads in an emergency or (on a temporary basis) in order to undertake work necessary for the safe and efficient operation of the Grantor’s lawful business and of Watercare’s bulk water supply business. The Grantor shall use its best endeavours to give not less than one week’s notice of its intention to prevent or restrict access in order to undertake such necessary work and shall use its best endeavours to minimise disruption to the right of use of Access Roads and where practical shall provide alternative access.

(b) Subject to clause 4.5 (e), the Grantor will be responsible for maintaining or procuring the maintenance of all Access Roads used by the Grantee up to but not exceeding the standard of the relevant road or track as at:

(i) the Commencement Date of this Forestry Right; or

(ii) the date of completion of any new Access Roads; or

(iii) the date of completion of redevelopment of any existing Access Roads, and shall include only the costs of maintaining the Carriageway and culverts, excluding any verges or other ancillary uses.

(c) Where the Grantor is responsible for or responsible for procuring the maintenance and repair of any Access Roads, the Grantor:

(i) may close those Access Roads for vehicular access as shall be reasonably necessary for maintenance or repair, but shall endeavour to give reasonable written notice to the Grantee prior to effecting any such road closures and shall use its best endeavours to minimise the period of closure and if practically possible shall provide alternative access;

(ii) shall use its best endeavours to keep such Access Roads open at all times.

(d) The Grantee will be liable to the Grantor for the cost of maintaining any Access Roads to the extent of the Grantee’s use of such roads. The Grantor will after consulting with the Grantee provide the Grantee, on a periodic basis as such costs arise, with an assessment of the maintenance costs for which the Grantor considers the Grantee should be responsible. The Grantee will forthwith pay such costs to the Grantor. If the Grantee disagrees with the assessment it may refer such matter to arbitration subject to the Grantee first having paid the amount of the assessment to the Grantor. Following the determination of any such