4340 NEW ZEALAND GAZETTE No. 172

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

Area Being

ha
1.5599 Part Allotment 62, Okura Parish; shown as
“Section 10” on S.O. Plan 311206 (all Gazette
Notice D. 498161.1).

m²
1266 Part Allotment 62, Okura Parish; shown as
“Section 11” on S.O. Plan 311206 (part
C.T. 45/92).

Second Schedule
Fill Area

Parts Allotment 62, Okura Parish; marked “G” and “H” on
S.O. Plan 311206 (part Gazette Notice D. 498161.1 and
C.T. 45/92).

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)
ln7990

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.\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

Area Being
m²
2050 Part Allotment 62, Okura Parish; shown as
“Section 9” on S.O. Plan 311206 (part Gazette
Notice C. 475187.2).