3198

NEW ZEALAND GAZETTE, No. 130

“Grantor” means the lessee of the servient land and includes
their respective successors and assignees.

“Lessee” means the owner of a lease of the servient land and
includes their respective successors and assignees.

“Repeater Station” means part of the land known as Part
Run 201A and more particularly shown as Sections 1
and 2 on SO 308219.

“Servient Land” means Part Run 201A, Waitaki District and
incorporated in the Register as OT338/47.

Rights, Powers, Terms and Conditions of Right of
Way Easement

1. The rights and powers implied in easements of right of
   way shall be as set out in the Fourth Schedule of the
   Land Transfer Regulations 2002 insofar as such terms
   are not inconsistent with any conditions as contained in
   this agreement, in which case the conditions of this
   agreement shall prevail.

2. The grantor shall keep the easement land cleared of any
   vegetation encroaching on or overhanging the easement
   land which may impede the grantee’s access over and
   along the easement land which shall further be
   maintained by the grantor at no cost to the grantee.

3. The grantor shall at all times keep and maintain in good
   condition suitable for use by 4WD vehicles the access
   track on the easement land to the satisfaction of the
   grantee.

4. The grantor will not grow or permit to be grown any
   trees, shrubs or bushes of any description on the
   easement land, which will interfere with the rights
   granted by this easement.

5. (a) If in the reasonable opinion of the grantee, the grantor
   has breached the provisions of clauses 1 to 4 of this
   Schedule because of any act or omission, and the
   breach is causing or is likely to cause damage to
   or restrict the grantee’s access to the repeater
   station, the grantee shall notify the grantor of the
   nature of the breach.

(b) If the grantor receives notice under clause 4, it shall
within a reasonable time do anything necessary
to remedy the breach of its covenants under clauses
1 to 4.

(c) If the grantor has not remedied the breach of its
covenants under clauses 1 to 4 within a reasonable
time of receiving notice, the grantee may, in addition
to the rights set out in clause 10 at the grantor’s
cost, do anything necessary to remedy the breach,
including but not limited to partially or fully
removing, relocating, or demolishing that part of
any building or vegetation that in the grantee’s
reasonable opinion is likely to cause damage to, or
restrict the grantee’s access to, the repeater station.

6. The grantor shall not, without the prior permission of
   the grantee (which will not be unreasonably withheld):

(a) Grant any further rights in respect of the land which
result in interference with the rights granted to the
grantee under the easement; or

(b) Do or permit or suffer to be done any act which may
in the reasonable opinion of the grantee, interfere
with or prejudice the rights hereby granted to the
grantee.

7. The grantee shall provide the grantor with prior notice
   of not less than five working days of its intention to
   enter upon the easement land. However, access to the
   easement land without notice to the grantor may occur
   under circumstances of emergency.

8. The grantee shall ensure that all gates are kept secure
   and closed at all times following exit and entry to the
   easement land to the satisfaction of the grantor.

7 OCTOBER 2004

9. The grantee shall not be required to fence any of the
   easement land.

10. The grantee may transfer or assign all or any part of its
    estate or interest granted by this easement to any person
    or corporation subject to its obtaining the written consent
    of the grantor which shall not be unreasonably or
    arbitrarily withheld.

11. (a) In the event of any dispute arising between the
    grantee and the grantor (“the parties”) in respect of
    or in connection with this transfer and without
    prejudice to any other right or entitlement they may
    have under this transfer or otherwise the parties
    shall explore whether the dispute can be resolved by
    use of alternative dispute resolution technique or
    mediation.

(b) The rules governing such technique 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).

(c) In the event the dispute is not resolved within
28 days of written notice by one party to the other of
the dispute either party may refer the dispute to
arbitration under the provisions of the Arbitration
Act 1996 or any amendment or re-enactment of it.

Dated at Wellington this 28th day of September 2004.

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

(LINZ CPC/2001/6962)

ln6611

Reserves Act 1977

Revocation of the Reservation Over a Reserve
Specifying the Manner of Disposal

Under the Reserves Act 1977, the Community Relations
Manager for the East Coast Hawke’s Bay Conservancy of
the Department of Conservation revokes the reservation as a
local purpose (service lane) reserve over the land described
in the Schedule and declares that the land may be disposed
of by the Council in such manner, at a price and on terms
and conditions as the Council determines, the proceeds from
a sale to be paid into the Council’s Reserves Account, such
money to be used and applied in or towards the improvement
of other reserves under the control of the Council or in or
towards the purchase of other land for reserves.

Gisborne Land District—Gisborne District

Schedule

Dated at Gisborne this 1st day of October 2004.

R. B. BUTLAND.

(File: DOC PAR-08-08-01)

ln6650

Revocation of the Reservation Over Part of
Reserves Specifying That the Land Shall Vest in the
Thames-Coromandel District Council in Fee Simple

Under the Reserves Act 1977, the Community Relations
Manager for the Waikato Conservancy of the Department of
Conservation revokes the reservation over the lands described
in the Schedule, as reserves for the purposes specified at the
end of the respective descriptions of the lands and declares
that the land vests in the Thames-Coromandel District