4194

NEW ZEALAND GAZETTE

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.

(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

No. 166

Second Schedule

Fill Area

Dated at Christchurch this 7th day of November 2002.

S. R. GILBERT, for the Minister for Land Information.

(LINZ CPC/2001/7535)

ln7659

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) Declares the land in the First Schedule to this notice
to be taken, under section 119 (1), 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.

(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

Second Schedule

Fill Area

Dated at Christchurch this 7th day of November 2002.

S. R. GILBERT, for the Minister for Land Information.

(LINZ CPC/2001/7535)

ln7659

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) Declares the land in the First Schedule to this notice
to be taken, under section 119 (1), 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.

(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