3594 NEW ZEALAND GAZETTE, No. 143 4 NOVEMBER 2004

8. The Crown shall install a security door to provide access
   to the new area of common property to be created in the
   position approximately as shown on drawing 3251055-S003 Rev A, a copy of which has previously been made
   available to the registered proprietor.

9. The Crown shall generally complete the works as shown
   on drawings 3251055-S001 Rev A to 3251055-S013 Rev
   A (inclusive), 3251055-E001 Rev A, 3251055-E002
   Rev A and 3251055-M001 Rev A, copies of which have
   previously been made available to the registered
   proprietor.

10. The Crown shall repair any damage caused to any part of
    the surface of the registered proprietor’s land resulting
    from the Crown’s occupation of the land subject to the
    lease.

11. Throughout the term of the lease, the Crown shall be
    entitled to use the common property for the purposes of
    accessing the area of land subject to the lease.

12. In completing the work, pursuant to paragraph 4 above,
    the Crown may take access through Units 10, 11 and
    12 where this is reasonably required. Prior to taking any
    such access, the Crown shall provide the registered
    proprietor with not less than seven days’ notice in writing
    and shall take all reasonable steps to minimise any
    disruption to the enjoyment of those units including:

(a) taking such access to the extent possible outside of
normal business hours;

(b) ensuring the security of those units are adequately
maintained; and

(c) delaying any such entry to accommodate any
reasonable request of the registered proprietor.

Access shall not be otherwise taken through Units 10, 11
and 12.

13. In completing the work pursuant to paragraph 6 (a)
    above, the Crown may take access through Unit 8 where
    this is reasonably required to reconnect the relocated
    sub board to the existing sub board to be retained in Unit
14. Prior to taking any such access, the Crown shall
    provide the registered proprietor with not less than seven
    days’ notice in writing and shall take all reasonable steps
    to minimise any disruption to the enjoyment of Unit
    8 including:

(a) taking such access to the extent possible outside of
normal business hours;

(b) ensuring the security of Unit 8 is adequately
maintained; and

(c) delaying any such entry to accommodate any
reasonable request of the registered proprietor.

Access shall not be otherwise taken through Unit 8.

Fifth Schedule

Terms of Easement

1. Interpretation

"dominant land" means the land held in Computer Unit
Title Registers 39A/593, 39A/594, 39A/595, 39A/597,
39A/599, 39A/600, 39A/601, 39A/602, 39A/603,
39A/604, 39A/605, 39A/606, 39A/607 and 39A/608.

"easement" means the easement, the right of support and
right of way described in this Schedule.

"grantor" means the Crown.

"grantee" means the registered proprietor(s) of the
Dominant Land.

"MSE" means a mechanically stabilised embankment to
be constructed as part of the proposed Hutt Road
Interchange on the land adjoining Section 2, SO 341776.

"servient land" means Section 2, SO 341776.

"structures" means that part of the external wall, concrete
column bases and foundation beams and footings, and all

associated fittings, fixtures and attachments constructed
on, under, through and over the Servient Land.

2. Grant of Easement

2.1 The grantor GRANTS to the grantee as an easement
imposed upon the servient land and appurtenant to the
dominant land, pursuant to section 48 of the Public Works
Act 1981, the right to:

(a) use the structures as a support for the building on the
dominant land.

(b) subject to clause 2.2, from time to time and at all
reasonable times enter upon the servient land with or
without engineers, contractors and workers for the
purpose of inspecting the structures and the wall of
the building they support and, subject to 5.2, do all
things that may appear reasonably necessary for
their maintenance, support and repair.

2.2 The grantor may temporarily exclude entry by the
grantee, pursuant to clause 2.1 (b), if it believes on
reasonable grounds that it is necessary to do so to
ensure safety.

2.3 The easement shall be forever appurtenant to the
dominant land subject however to termination as set out
in clause 2.4 below. For the avoidance of doubt, the term
shall not be capable of revocation on the giving of three
months’ notice as provided for in section 48 of the
Public Works Act 1981.

2.4 (a) The easement shall only exist for so long as the
present building remains on the dominant land.
Should the present building be demolished, the
grantee shall at the grantee’s cost as part of such
works remove all parts of the structures from
the servient land. On demolition of the building, the
easement shall extinguish absolutely and the parties
shall be released from any further liability arising
pursuant to the easement with effect from such date
but without prejudice to either party’s rights arising
before that date.

(b) If at any time an application made for the
cancellation of the unit title shown on DP 68792
is lodged with the District Land Registrar, under
the provisions of the Unit Titles Act 1972, the
easement shall determine when all other conditions
for cancellation are complied with to the satisfaction
of the District Land Registrar.

(c) In the event that the easement is extinguished, the
District Land Registrar may make an entry in
the Register accordingly in respect of the title to the
dominant land.

(d) In the event that the easement determines pursuant
to clause 2 (b) prior to demolition of the building, the
grantor shall at the request of the grantee grant a new
easement on like terms as recorded in this easement
(amended as may be required in the circumstances)
subject to the grantor having first complied with any
statutory or regulatory requirements.

3. Covenants

3.1 The grantor and the grantee covenant as follows:

(a) The grantee shall not do or permit to be done
anything by which the MSE (or any other
replacement or additional roading structure of the
grantor) shall be in any way damaged or rendered
unstable or unsafe.

(b) The grantee will regularly inspect the structures
and the wall of the building they support adjacent to
the servient land to ensure that the same continue
to comply with all relevant statutes, regulations or
consents and that no damage to the structures and
the wall of the building they support has occurred.