28 NOVEMBER

NEW ZEALAND GAZETTE

Land Declared Road—Rodney District

Pursuant to section 114 (1) of the Public Works Act 1981,
and to a delegation from the Minister for Land Information,
Ronald Alistair Jolly, Land Information New Zealand,
declares the land described in the Schedule to this notice to
be road and shall vest in Rodney District Council on the date
of publication hereof in the New Zealand Gazette.

Schedule

North Auckland Land District—Rodney District

Land Declared as Road

Area
m²
Being

815
Part Allotment 62, Okura Parish; shown as
“Section 8” on S.O. Plan 311206 (part Gazette
Notice C. 475187.2).

2698
Part Allotment 62, Okura Parish; shown as
“Section 12” on S.O. Plan 311206 (part
C.T. 45/92).

221
Part Allotment 315, Okura Parish; shown as
“Section 15” on S.O. Plan 311206 (part
C.T. 26A/1132).

502
Part Allotment 62, Okura Parish; shown as
“Section 16” on S.O. Plan 311206 (part
C.T. 45/92).

50
Part Allotment 315, Okura Parish; shown as
“Section 18” on S.O. Plan 311206 (part
C.T. 26A/1132).

Dated at Wellington this 22nd day of November 2002.

R. A. JOLLY, for the Minister for Land Information.

(LINZ CPC/1999/3942)

ln7988

Land Declared Limited Access Road—State Highway No. 1, Albany–Puhoi, Rodney District

Pursuant to section 114 (1) of the Public Works Act 1981,
and to a delegation from the Minister for Land Information,
Ronald Alistair Jolly, Land Information New Zealand,
declares the land described in the Schedule to this notice to
be road which, pursuant to section 88 (2) of the Transit
New Zealand Act 1989, becomes road, limited access road
and State highway and shall vest in the Crown on the date of
publication hereof in the New Zealand Gazette.

Schedule

North Auckland Land District—Rodney District

Land Declared as Limited Access Road

Area
m²
Being

580
Part Lot 1, D.P. 127204; shown as “Section 5”
on S.O. Plan 311206 (part C.T. 74B/103).

1185
Part Allotment 62, Okura Parish; shown as
“Section 7” on S.O. Plan 311206 (part Gazette
Notice C. 475187.2).

8158
Part Allotment 62, Okura Parish; shown as
“Section 13” on S.O. Plan 311206 (part
C.T. 45/92).

1953
Part Allotment 315, Okura Parish; shown as
“Section 14” on S.O. Plan 311206 (part
C.T. 26A/1132).

Dated at Wellington this 22nd day of November 2002.

R. A. JOLLY, for the Minister for Land Information.

(LINZ CPC/1999/3942 and 1999/3703)

ln7989

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, Ronald Alistair
Jolly, Land Information New Zealand:

(a) Declares the land described 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:

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