5 SEPTEMBER NEW ZEALAND GAZETTE 3521

and shall vest in the Crown on the date of publication hereof
in the New Zealand Gazette.

Schedule

North Auckland Land District—Rodney District

Severance

on S.O. Plan 308135 (part Gazette Notice
D. 418439.1). |

Dated at Christchurch this 27th day of August 2002.

S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/1998/550)
ln5924

Land Taken as Severance and Building Restriction Created—State Highway No. 1, Albany–Puhoi, Rodney District

Pursuant to the Public Works Act 1981, and to a delegation
from the Minister for Land Information, Stephen Robert
Gilbert, Land Information New Zealand:

(a) Pursuant to section 119 (1), declares the land in the
First Schedule to this notice to be taken and shall vest in
the Crown on the date of publication hereof in the
New Zealand Gazette.

(b) Pursuant to section 236, declares the land described
in the Second Schedule to this notice (“the fill area”) to be
subject to the following restrictions:

(i) No person shall erect or permit to be erected any
building or structure or carry out any earthworks on
the fill area otherwise than in accordance with
the recommendations of a registered engineer
experienced in soil mechanics.

(ii) Any building or structure erected or any earthworks
carried out on the fill area shall be erected or carried
out at the sole risk of the owner and the owner shall
have no recourse to the Crown in respect of the fill
area.

(iii) The owner will not erect any building or structure or
carry out any earthworks on the fill area in a manner
that will adversely affect the structural integrity of
the motorway and will not object to any application
by the Crown seeking building or resource consents
required in respect of the use and operation of the
motorway for any reason relating to the effects of
such works or operation on any building or structure
erected on the fill area.\n
(iv) The covenants contained herein shall be enforceable
only against the owners and occupiers from time to
time of the land.

(v) In the event of any dispute arising between the
parties in respect of or in connection with this
building restriction, the parties shall, without
prejudice to any other right or entitlement they may
have under this agreement or otherwise:

1. Explore whether the dispute can be resolved by
   use of the alternative dispute resolution
   technique of mediation. The rules governing
   such techniques shall be agreed between 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); and

2. In the event the dispute is not resolved without
   28 days of written notice by one party to the
   other of the dispute (or such further period
   agreed in writing between the parties), either
   party may refer the dispute to arbitration under
   the provisions of the Arbitration Act 1996, or
   any amendment or re-enactment of it. The
   arbitrator shall be agreed between the parties
   within 10 days of written notice of the referral by
   the referring party to the other or failing
   agreement appointed by the President of the
   New Zealand Law Society. In either case,
   the arbitrator shall not be a person who has
   participated in any informal dispute resolution
   procedure in respect of the dispute.

(vi) Before any building or structure is erected or any
earthworks are carried out on the fill area, the owner
shall submit plans and specifications in respect
of same in commercial confidence to Transit
New Zealand for its approval, such approval not to
be unreasonably or arbitrarily withheld where:

1. The plans and specifications specifically address
   and accommodate any particular engineering
   requirements for the land; and

2. The proposed building or structure will be erected
   and any proposed earthworks will be carried out
   on the fill area in line with the recommendations
   of a registered engineer experienced in soil
   mechanics; and

3. Transit New Zealand is reasonably satisfied such
   building or structure or such earthworks will not
   create any hazard to the motorway or adversely
   affect the structural integrity of the motorway.

The Crown shall cause Transit New Zealand to provide its
approval, or reasons for its disapproval, of the plans and
specifications for the proposed building or structure or the
proposed earthworks on the fill area within two weeks of
receipt of the foregoing from the owner, or such longer time
as the parties may agree.

North Auckland Land District—Rodney District

First Schedule

Severance

on S.O. Plan 308135 (part Gazette Notice
D. 418439.1). |

Second Schedule

Fill Area

Part Lot 2, D.P. 135875; marked “A”, “D”, “E”, “F” and
“G” on S.O. Plan 308135 (part C.T. 80A/620).

Dated at Christchurch this 27th day of August 2002.

S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/1998/550)
ln5923

Restriction on Building—State Highway No. 1,

Albany–Puhoi, North Shore City

Pursuant to section 236 of the Public Works Act 1981, and
to a delegation from the Minister for Land Information,
Stephen Robert Gilbert, Land Information New Zealand,
declares the land described in the Schedule to this notice
(“the fill area”) to be subject to the following restrictions:

(i) No person shall erect or permit to be erected any
building or structure or carry out any earthworks
on the fill area otherwise than in accordance
with the recommendations of a registered engineer
experienced in soil mechanics.