25 NOVEMBER
NEW ZEALAND GAZETTE
4251

7. The grantee shall indemnify the grantor from and against all loss, injury or damage whether to person, property or stock suffered by the grantor and resulting from the exercise by the grantee of the rights hereby granted and will further indemnify the grantor against all suits, claims and demands of whatsoever nature arising out of the grantees exercise of the said rights.

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

9. 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 provisions contained herein.

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

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

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

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

10.4 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.

11. The grantee may also permit Public Safety and Emergency Services organisations to use the right of way in connection with the provisions of public safety and emergency services, provided however that the grantor is given prior notice (in each case) of any such intended use except in the case of an emergency. In such case the grantee shall inform the grantor as soon as reasonably possible thereafter.

12. Persons using the access track under the rights granted by this agreement shall identify themselves to the grantor, or to any agent or the grantor, if requested to do so and shall demonstrate that they have both the right and the need to use the track.

13. 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 1996 or any amendment or enactment thereon from time to time being in force.

Dated at Auckland this 17th day of November 1999.

R. J. SUTHERLAND, for Minister of Lands by the Minister for Food, Fibre, Biosecurity and Border Control.

(LINZ CPC 98/1980/A)

In8738

Road Realignment Between Gorge Creek and Fruitlands, State Highway No. 8, Central Otago District

Pursuant to the Public Works Act 1981, and to a delegation from the Minister of Lands, R. J. Sutherland, Land Information New Zealand:

(a) Pursuant to section 117 (6) and 120 (3), declares the stopped Government road, described in the First Schedule to this notice be incorporated in the lease from the Crown on the date of publication hereof in the New Zealand Gazette, and further declares that:

(i) Section 2, S.O. 24609, shall be amalgamated with the land in certificate of title 13A/1348, subject to mortgage 895877/2.

(ii) Section 7, S.O. 12304, shall be amalgamated with the land in certificate of title 13A/1348, subject to mortgage 895877/2.

(b) Declares the land described in the Second Schedule to this notice to be taken under Section 119 (1), and shall be amalgamated with the land in certificate of title 13A/1348, subject to mortgage 895877/2.

Otago Land District—Central Otago District

First Schedule

Stopped Road

Area Being
8.5813 Section 2, S.O. 24609. (Part New Zealand Gazette, 1998, page 2088).
9.4494 Section 7, S.O. 12304. (Part New Zealand Gazette, 1998, page 2088).

Second Schedule

Severance Taken and Amalgamated

Area Being
1.3704 Section 8, S.O. 12304. (Part Register Book 338/117).

Dated at Auckland this 17th day of November 1999.

R. J. SUTHERLAND, Land Information New Zealand, for Minister of Lands by the Minister for Food, Fibre, Biosecurity and Border Control.

(LINZ CPC/98/267/A)

In8668

Land Acquired for Road—Onekura Road, Kerikeri, Far North District

Pursuant to section 20 (1) of the Public Works Act 1981, and to a delegation from the Minister of Lands, Kerry John Twydle, Land Information New Zealand, declares that pursuant to an agreement to that effect, having been entered into, the land described in the Schedule to this notice, is acquired for road and vested in the Far North District Council on the date of publication of this notice in the New Zealand Gazette.

Schedule

North Auckland Land District—Far North District

Area Being
180 Section 1, S.O. 69873 (part C.T. 1358/78).

Dated at Wellington this 17th day of November 1999.

K. W. TWYDLE, for Minister of Lands by the Minister for Food, Fibre, Biosecurity and Border Control.

(LINZ CPC/1998/1023/A)

In8675