636 NEW ZEALAND GAZETTE No. 28

further indemnify the grantor against all suits, claims and demands of whatsoever nature arising out of the grantees exercise of the said rights.

10. The grantor will not be liable for any loss or damage to the grantee arising from the use of the easement except where the grantor intentionally causes such loss or damage.

11. All differences and disputes which may arise between the parties relating to this agreement and the conditions herein that cannot be resolved by the parties shall be referred to arbitration in accordance with the Arbitration Act 1908, or any amendment or enactment thereof from time to time being in force.

12. If the grantee neglects or refuses to perform any obligation under the terms of the easement the following provisions shall apply:

    (i) The grantor may serve on the grantee a written notice ("a default notice") requiring the grantee to perform such obligation and stating that, after the expiration of 14 days from service of the default notice the grantor may perform such obligation;

    (ii) If at the expiry of the default notice the grantee still neglects or refuses to perform the obligation the grantor may perform such obligation;

    (iii) The grantee shall be liable to pay to the grantor the costs of the default notice and the costs incurred in performing such obligation;

    (iv) The grantor may recover from the grantee as a liquidated debt any moneys payable pursuant to this clause together with interest thereon at 4 percent above the base lending rate (or equivalent rate) charged by the grantor’s trading bank at the relevant time.

13. The rights and powers implied in easements of right of way pursuant to the Ninth Schedule to the Property Law Act 1952 and the Seventh Schedule to the Land Transfer Act 1952 shall apply to the easement referred to herein as modified by the conditions contained herein.

Dated at Wellington this 5th day of February 1998.

R. A. JOLLY, Property Officer.
(LINZ Wn. D.O. 8225/12/T26/1)

Declaring Land Acquired for Road and Road Stopped Near Luggate Bridge in the Queenstown Lakes District

Pursuant to the Public Works Act 1981, and to a delegation from the Minister of Lands, the Manager, Crown Property Services, Land Information New Zealand, Dunedin, declares:

(1) Pursuant to section 20, agreements to that effect having been entered into, the land described in the First Schedule hereto, is acquired for road which, pursuant to section 60 (2) of the Transit New Zealand Act 1989, shall form part of State Highway No. 8A and shall vest in the Crown on the date of publication in the New Zealand Gazette.

(2) Pursuant to section 20 and section 119 (1), an agreement to that effect having been entered into, the land described in the Second Schedule hereto, is taken and shall vest in the Crown on the date of publication in the New Zealand Gazette.

(3) Pursuant to section 116 (1), the parts of the road described in the Third Schedule hereto, to be stopped.

First Schedule
Otago Land District—Queenstown Lakes District

Second Schedule
Otago Land District—Queenstown Lakes District

Third Schedule
Otago Land District—Queenstown Lakes District

As shown on the plans above mentioned, lodged in the office of the Chief Surveyor at Dunedin.

Dated at Dunedin this 4th day of February 1998.

M. R. MACKENZIE, Manager, Crown Property Services.
(LINZ Dn. D.O. 5350/LU/2901)

Declaring Land Acquired for Road and Land Set Apart for Road at Ripponvale in the Central Otago District

Pursuant to the Public Works Act 1981, and to a delegation from the Minister of Lands, the Manager, Crown Property Services, Land Information New Zealand, Dunedin, declares:

(1) Pursuant to section 20, agreements to that effect having been entered into, the land described in the First Schedule hereto, is acquired for road which, pursuant to section 60 (2) of the Transit New Zealand Act 1989, shall form part of State Highway No. 6 and shall vest in the Crown on the date of publication in the New Zealand Gazette.

(2) Pursuant to section 52 (1), the Crown land described