2 SEPTEMBER 2004

NEW ZEALAND GAZETTE, No. 111

1.2 The grantor will do nothing on or about the easement land whereby the passage of water through the culvert may be in any way impeded or interrupted, nor shall the grantor place any buildings or plant any tree or shrub on the easement land without the consent of the grantee which shall not be unreasonably or arbitrarily withheld.

1.3 For the avoidance of doubt, it is acknowledged by the grantee that:
(a) the grantor shall, in no circumstances whatsoever, have the liability to contribute towards the cost of laying, maintaining or removing the culvert;
(b) the grantee shall indemnify the grantor to the fullest extent permitted by law from any loss, harm or damage the grantor may suffer from the grant of the within easement.

1.4 Notwithstanding the generality of the foregoing provisions, the grantee shall at all times during the continuance of this easement:
(i) except in the case of an emergency, give to the occupier of the easement land not less than 48 hours’ prior written notice of its intention to enter on to the easement land; and
(ii) in the exercise of any of the rights granted by this easement, comply with the reasonable requirements of the occupier of the easement land especially as these relate to the safety of both students and staff at the Havelock North High School; and
(iii) ensure that all manholes are secured to the greatest practicable extent, in order to prevent access by any person other than persons authorised by the grantee.

1.5 Any disputes or differences between the parties shall be submitted to arbitration in accordance with the provisions of the Arbitration Act 1996 or any re-enactment or modification thereof.

1.6 Nothing in the foregoing sub-clause 1.5 shall prevent the parties from using alternative dispute resolution procedures as an alternative to arbitration, should this be mutually agreed.

1.7 Where the easements granted herein shall be at variance with those implied by the Fourth Schedule to the Land Transfer Regulations 2002, the express easements granted herein shall prevail.

Dated at Wellington this 20th day of August 2004.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2000/5595)

Note: This notice replaces notice ln5668, published in the New Zealand Gazette, 26 August 2004, No. 104, page 2580, where the seven sub-clauses were numbered incorrectly.

ln5842

Land Acquired for Road—Marine Parade, Eastbourne

Pursuant to sections 20 and 114 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ronald Alistair Jolly, Land Information New Zealand, declares that, agreements to that effect having been entered into, the land described in the Schedule to this notice is hereby acquired for road and shall vest in Hutt City Council on the date of publication of this notice in the New Zealand Gazette.

Wellington Land District—Hutt City

Schedule

Dated at Wellington this 20th day of August 2004.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/1998/1041)

ln5743

Land Declared Road—State Highway No. 6, Dee Creek Bridge, Inangahua, Buller District

Pursuant to section 114 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 60 (2) of the Transit New Zealand Act 1989, forms part of State Highway No. 6 and shall vest in the Crown on the date of publication of this notice in the New Zealand Gazette.

Nelson Land District—Buller District Council

Schedule

Dated at Wellington this 26th day of August 2004.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2003/8955)

ln5790

Reserves Act 1977

Change of the Purpose/Classification of a Reserve

Under the Reserves Act 1977, the Community Relations Manager for the East Coast Hawke’s Bay Conservancy of the Department of Conservation changes the purpose/classification of the reserve described in the Schedule from a local purpose (gravel) reserve to a recreation reserve, subject to the provisions of the Act.

Gisborne Land District—Gisborne District

Schedule

Dated at Gisborne this 24th day of August 2004.
R. B. BUTLAND.
(File: DOC PAR-08-08-01)

ln5782

Declaration That Land is a Local Purpose (Community) Reserve and Local Purpose (Esplanade) Reserve

Pursuant to section 14 of the Reserves Act 1977, and to a delegation from the Minister of Conservation, the Waitakere City Council hereby notifies that a resolution was adopted by the Waitakere City Council at its meeting on the 30th day of June 2004, declaring the land described in the First Schedule hereto as a local purpose (community) reserve,