694

NEW ZEALAND GAZETTE

Dated at Christchurch this 25th day of February 2003.
S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/2001/7501)
ln1464

Land Taken as Severance—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, declares the land described in the 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.

Schedule

North Auckland Land District—Rodney District

Severance

Dated at Christchurch this 25th day of February 2003.
S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/2001/7501)
ln1465

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, Stephen Robert Gilbert, 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

Dated at Christchurch this 25th day of February 2003.
S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/1998/2742 and CPC/2001/7183)
ln1562

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 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