1 JULY NEW ZEALAND GAZETTE 1841

13. The grantor must, whenever called upon by the grantee and at the cost of the grantee, execute all further instruments, deeds and assurances, (including, without limitation, registrable easements and encumbrances), at a nominal rent charge and in perpetuity and arrange for the production of all titles, required by the grantee, and necessary—

(a) To give full and proper effect to the grantee’s rights; or

(b) To enable those rights to be registered against any Gazette notice or title in respect of the servient land.

14. (1) The grantee—

(a) May at any time give the grantor written notice of its intention to surrender any of the grantee’s rights; and

(b) May at any time more than 6 months after giving the notice, at its own cost, surrender the right.

(2) On the surrender, the grantor—

(a) Releases and discharges the grantee from all its obligations and liabilities under this order in respect of the right; and

(b) Must, at the grantee’s cost, execute or surrender any similar document on request by the grantee.

(3) Subclause (2)(a) does not affect any rights or liabilities arising before the surrender.

15. The grantee may assign or transfer the grantee’s rights and obligations in relation to all or any part of the servient land; and in that case, the relevant provisions of this order cease to be binding on the assignor or transferor in respect of the land or part.

(2) Subclause (1) does not affect any rights or liabilities arising before the assignment or transfer.

16. For the purposes of this order, the current market value of any land must be determined—

(a) By 2 registered valuers, 1 appointed by each party; or

(b) If the 2 valuers cannot agree, by an umpire appointed by those valuers before they start their determination.

17. (1) If any dispute arises between the parties in respect of or in connection with any easement, profit à prendre, or licence vested by this order, they must, without prejudice to any other right or entitlement they may have (under this order or otherwise), explore whether the dispute can be resolved by use of the alternative dispute resolution technique of mediation.

(2) The rules governing the technique must be agreed by the parties, or as recommended by the New Zealand Law Society, or as selected by the Chairman of the New Zealand chapter of LEADR (Lawyers Engaged in Alternative Dispute Resolution).

(3) If the dispute is not resolved within 28 days of written notice by one party to the other of the dispute (or any further period agreed in writing by the parties), either party may refer it to arbitration under the Arbitration Act 1996 (as then in force).

(4) The arbitrator must not be a person who has participated in any informal dispute resolution procedure in respect of the dispute, and—

(a) Must be agreed by the parties within 10 days of written notice of the referral; or

(b) If they fail to agree, must be appointed by the President of the New Zealand Law Society.

18. (1) Any notice or communication to the grantor, the grantee, or a successor under this order, or in connection with any easement, profit à prendre or licence vested by it, must be delivered personally, or sent by prepaid post or by facsimile to any address the grantor, grantee, or successor has for the time being notified to the person giving the notice or communication.

(2) The notice or communication is not effective until it is received.

(3) In the absence of proof to the contrary, the notice or communication is deemed to have been received by the intended recipient,—

(a) In the case of personal delivery, when delivered; and

(b) In the case of prepaid post, on the third business day after posting by first class or similar post; and

(c) In the case of facsimile,—

(i) If sent before 5 p.m. on a business day, on that day;

(ii) If sent on a day that is not a business day, or after 5 p.m. on a business day, on the next business day.

19. All consents, approvals or other matters of any kind or nature to be given or received by the grantor—

(a) Must be given or received by the Conservator of the Nelson/Marlborough Conservancy, Department of Conservation (or, if that position no longer exists, by the Director-General of Conservation) on behalf of the grantor; and

(b) If so given, is binding and effective on the grantor and the grantee.

20. For so long as the grantor is Her Majesty the Queen in right of New Zealand acting through the Director-General of Conservation, the Director-General of Conservation must not at any time—

(a) Take or permit any action, if—

(i) It has the effect of interfering with or affecting the grantee’s rights in any way; and

(ii) The grantee might reasonably expect the Director-General not to take or permit it; or

(b) Fail or refuse to take any action, if—

(i) Failing or refusing to take it has the effect of interfering with or affecting the grantee’s rights in any way; and

(ii) The grantee might reasonably expect the Director-General to take it.

MARIE SHROFF, Clerk of the Executive Council.

Explanatory Note

This note is not part of the order, but is intended to indicate its general effect. This order vests—

• certain land of the Crown; and

• certain easements, a profit à prendre, and a licence, over certain land of the Crown,—

in Cobb River Power Station Limited (a subsidiary of a State enterprise). The vesting takes effect on 1 July 1999.