18 DECEMBER NEW ZEALAND GAZETTE 4287

store any chemical substance or other hazardous substance in a manner or in any location which may damage water in any Reservoir or in any watercourse.

4.12 Maintenance of Buildings, Improvements etc.
The Grantee shall:

(a) Maintain all forestry buildings, structures and improvements situated in or about the Hunua Forest and constructed or erected by the Grantee, its servants, agents or invitees in sound condition and of an appearance that does not detract from the environmental amenities of the surrounding area;

(b) Upon the return of any land the subject of this Forestry Right pursuant to clause 4.13 or 4.14 or if any forestry buildings structures or improvements referred to in clause 4.12(a) are no longer required by the Grantee, forthwith remove such forestry buildings, structures and improvements from the Hunua Forest, unless the Grantor agrees otherwise;

(c) Indemnify the Grantor against all losses, costs, claims, actions, proceedings and demands associated with injury or damage to buildings, other improvements, vehicles or equipment or any other assets or undertakings owned by the Grantor or its agent or invitee and caused by any negligent act or omission on the part of the Grantee or its agent or invitee.

4.13 Replanting

(a) Subject to clause 4.14 and 4.15, the Grantee shall replant in accordance with good forestry practice all commercial forest areas cleared of trees within a maximum period of 12 months after any such area is cleared of trees (unless good forestry practice dictates otherwise), in commercial forest using plantation species chosen for healthy growth.

(b) Following completion of clear felling of any part of the Hunua Forest and where there is less than a full growth cycle prior to the expiry of the Term or where land is excluded the Grantee shall in accordance with prudent forestry management practice, remove and dispose of debris from felling and logging operations required to make such areas suitable for re-establishment of forests whereupon they shall be returned to the Grantor and the forestry licence fee and other outgoings shall abate rateably according to the proportion the areas so returned bear to the total area of the commercial forest within the Hunua Forest.

(c) Subject to any agreement as to replanting the Grantee shall, prior to the return of areas as aforesaid or expiry of the Term, clear trees from the commercial forest within the Hunua Forest.

(d) The Grantee shall have no right to plant any exotic or other trees in any part of the Hunua Forest not planted in commercial forest within the Hunua Forest at the date of commencement of this Forestry Right.

(e) The Term is predicated on replantings for a sawlog regime (the current regime) and that regime shall not be varied without the consent of the Grantor who will not unreasonably withhold approval to a change in the frequency of replanting unless the proposed change would materially, detrimentally affect the actual or potential recreational use of the Hunua Forest existing as at the Commencement Date.

4.14 Exclusion of Land from Replanting

(a) For the purpose of determining areas within the Hunua Forest to be excluded from further planting after the harvest of the first crop of commercial forestry a committee of three persons having expertise in ecology, soil conservation and forest management respectively (“the Replanting Committee”) shall be appointed. The parties shall consult with each other on the persons to be appointed to the Replanting Committee. In the event that the parties cannot agree on the composition of the Replanting Committee then the following provisions shall apply. The Grantee shall after consulting the Grantor appoint the forest management expert. The Grantor shall after consulting the Grantee appoint the ecology expert. The soil conservation expert will be appointed at the joint request of the Grantor and the Grantee by the New Zealand Forest Research Institute Limited. The Replanting Committee shall be appointed as soon as reasonably possible after but no later than three months after the commencement of the Term.

(b) Subject to paragraph (h) below, the Replanting Committee shall carry out its function within a period of 9 months following its establishment and the decision of the Replanting Committee will be binding on the Grantor and the Grantee.

(c) In determining which areas of the Hunua Forest shall not be replanted with exotic trees in the future, the Replanting Committee shall:

(i) Determine the size of and exclude areas which:

(aa) are too difficult for effective control of sediment run-off as a consequence of their steepness;

(bb) adjoin watercourses, in order to establish a buffer zone for replanting in native vegetation;

(cc) directly adjoin Reservoirs; and

(ii) Consider and recommend to the Grantor for confirmation, whether or not areas need to be set aside:

(aa) to allow existing pockets of native vegetation to be linked to the main body of native forest;

(bb) for the use and appreciation of parkland;

(cc) where conflict recreation under exotic land use would adversely impact on conservation and operational requirements of park management;

and the size of those areas; and

(iii) Consider the economic impact on the forestry operation of the proposal to exclude particular areas and the extent to which this factor should be considered when making final decisions on the discretionary factors in (ii) above;

(iv) In making its decisions on (i) to (iii), the Replanting Committee shall consult with the Grantor and the Grantee, and shall not contradict provisions of the ARC Management Plan but shall not be required to undertake any process of public consultation.

(d) Any land excluded from replanting by the Replanting Committee under clause 4.14(c)(i) and under clause 4.14(c)(ii) (if confirmed by the Grantor)