22 APRIL

NEW ZEALAND GAZETTE

1141

4. The easement may be surrendered at any time prior to its expiry by mutual agreement by notice published in the New Zealand Gazette.

5. Except as modified herein the terms relating to rights of way set out in the Seventh Schedule Land Transfer Act 1952 shall apply to the easement granted herein.

6. If the Crown during the term of the easement complies with the terms and conditions of the easement and gives notice in writing to the owner at least six (6) months prior to the term of the easement of the Crown’s desire to renew its easement rights then the owner shall at the cost and expense of the Crown agree to grant a new right of way easement over the land for one further period of twenty-one (21) years from the date of expiry of the first twenty-one (21) year term on the same terms and conditions as set out in this agreement except that there shall be no further right to a renewed easement on expiry of such second twenty-one (21) year term.

7. The phrase ‘‘law enforcement, emergency services and public safety’’ where used herein shall not include routine aircraft and coastal communications or local government communications and the Crown shall not use the site for such purposes.

8. The Crown shall not object to either:

   (a) The grant by the owners of a similar right of way to any other persons to give access to the adjoining property or any other property accessed by the right of way shown on S.O. 60266 provided that the Crown may require the grantees of such rights to contribute towards the maintenance of the right of way.

   (b) To any applications for resource consents made either by the owner or any person authorised to use the right of way by the owner for any activities on any land to which access is provided by the right of way.

Rent Review

9. The annual rental shall be reviewed on a 3-yearly basis from the commencement date as defined in clause 2 of this agreement (each third anniversary of the commencement date being referred to as ‘‘a review date’’) and shall be adjusted by the same percentage change as with any increase or decrease in the aggregate consumer price index (all groups 25 centres) as published by the Department of Statistics for the period from the 31st day of December immediately preceding the date of the last rent review or the date of the commencement of the easement (as the case may be) to the 31st day of December immediately preceding the date of the rent review under consideration. Any rent reviewed shall in no case be below that payable at the commencement of this agreement.

   (a) The landlord shall commence a review by not earlier than three (3) months prior to a review date or at any time up to the next following review date giving written notice to the tenant specifying the annual rent considered by the landlord to be the current rent as at that review date.

   (b) If, by written notice to the landlord within twenty-eight (28) days after receipt of the landlord’s notice, the tenant disputes the proposed new annual rent then the rent shall be determined in accordance with clause 10 but the new rent shall not be less than the annual rent payable at the commencement of the agreement.

   (c) If the tenant fails to give such notice (time being of the essence) the tenant shall be deemed to have accepted the annual rent specified in the landlord’s notice.

   (d) The annual rent so determined or accepted shall be the annual rent from the review date or the date of the landlord’s notice if such notice is given later than three (3) months after the review date.

   (e) Pending the determination of the new rent, the tenant shall pay the rent specified in the landlord’s notice provided that the rent is substantiated by a registered valuer’s report. Upon determination of the new rent an appropriate adjustment shall be made.

   (f) The rent review at the option of either party may be recorded in a deed, the cost of which and the stamp duty thereon shall be payable by the tenant.

10. Immediately following receipt by the landlord of the tenant’s notice the parties shall endeavour to agree upon the new rent, but if agreement is not reached within fourteen (14) days then the new rent may be determined either:

    (a) By one party giving written notice to the other requiring the new rent to be determined by arbitration, or

    (b) If the parties so agree by registered valuers acting as experts and not as arbitrators as follows:

     (i) Each party shall appoint a valuer and give written notice of the appointment to the other party within fourteen (14) days of the parties agreeing to so determine the new rent.
    
     (ii) If the party receiving a notice fails to appoint a valuer within the fourteen (14) day period then the valuer appointed by the other party shall determine the new rent and such determination shall be binding on both parties.
    
     (iii) The valuers appointed before commencing their determination shall appoint an umpire who need not be a registered valuer.
    
     (iv) The valuers shall determine the new rent of the premises and if they fail to agree then the rent shall be determined by the umpire.
    
     (v) Each party shall be given the opportunity to make written or verbal representations to the valuers or the umpire subject to such reasonable time and other limits as the valuers or the umpire may prescribe and they shall have regard to any such representations but not be bound thereby.

When the new rent has been determined the arbitrators or the valuers shall give written notice thereof to the parties. The notice shall provide as to how the costs of the determination shall be borne and such provision shall be binding on the parties.

Dated at Christchurch this 12th day of April 1999.

STEPHEN ROBERT GILBERT, for Minister of Lands by the Minister for Food, Fibre, Biosecurity and Border Control.

(LINZ CPC 98/1975/A)

In2893

Land Acquired for Soil Conservation and River Control Purposes—Kaituna River, Western Bay of Plenty District

Pursuant to section 20 (1) of the Public Works Act 1981, and to a delegation from the Minister of Lands, Ronald Alistair Jolly, 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 hereby acquired for soil conservation and river control purposes and is vested in Bay of Plenty Regional Council on the date of publication of this notice in the New Zealand Gazette.