22 SEPTEMBER 2005 NEW ZEALAND GAZETTE, No. 161 4037

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.

(c) If the structures and/or the wall of the building do
not comply with all relevant statutes, regulations or
consents, the grantee will put the same into the
condition required to make them comply with
the relevant statutes, regulations or consents
immediately upon the non-compliance being made
known to the grantee.

(d) If the grantee defaults in any of its obligations
to maintain or repair under clause 3.1 (c), the
grantor may arrange for such repair or
maintenance at the cost of the grantee and
the grantee shall immediately reimburse the
grantor for such expense, but without prejudice
to the grantor’s other rights and remedies under
the easement.

(e) The grantor shall, at all times during this
easement, ensure that an adequate security fence
and gate is installed along the Hutt Road boundary
between the building and the MSE and keep the
same in good repair. The grantor shall make
available to the grantee keys to the security gate
to allow the grantee reasonable access pursuant to
clause 2.1 (b).

(f) Nothing in this easement shall prevent the grantor
from making excavations of the servient land or
the adjoining road for the purpose of laying
foundations for any roading structure or other
building, and the grantor may in future do all such
things on the servient land or the adjoining road as
the grantor shall see fit at its sole discretion
(which actions might but for this proviso be a
derogation from the grantor’s own grant) provided
that in so doing the grantor shall provide sufficient
artificial means of support to the building on the
dominant land both during the progress of and
after the completion of any such work on the
servient land or the adjoining road.

4. Agreement to Subsist

4.1 No power is implied in respect of the easement or any
right or obligation under it for the grantor to determine
the easement or any right or obligation set out in this
easement, it being the intention that the easement and
all rights and obligations shall subsist for the term
(subject to early termination under clause 2.4) unless
surrendered by the grantee or modified or terminated
by the mutual written agreement of the grantor and the
grantee.

5. Statutory Rights Implied

5.1 The rights and powers implied by the Fourth Schedule
to the Land Transfer Regulations 2002 shall be
deemed incorporated and form part of the easement,
but where any conflict arises the terms of the easement
shall prevail.

5.2 Nothing in the easement shall override any statutory
and regulatory provisions relating to the servient land.
The grantee shall, in taking entry under the easement
and in completing any works on the servient land,
comply with any such statutory requirements,
including without limitation obtaining the consent
of the grantor prior to completing any works that affect
the surface of the servient land or that may produce
subsidence affecting the servient land.

6. Disputes

6.1 The parties acknowledge their desire that all questions
or differences whatsoever which arise between the
parties concerning the easement or its subject matter or
arising out of or in relation thereto and whether as to
interpretation or otherwise be resolved amicably by
bona fide discussion between them.

6.2 If any question or difference (the “Dispute”) is not
resolved by written agreement between the parties
within 20 business days of one party giving notice to
the other of a proposal for resolution of the Dispute, the
Dispute shall be referred to mediation in accordance
with clause 6.3.

6.3 Each party agrees not to commence any legal
proceedings relating to the Dispute unless it has
complied with the following:

(a) On notice (the “Notice”) by one party to the
other party of the failure of formal discussions
between the parties in respect of the Dispute,
and its decision to apply for mediation, the parties
shall endeavour in good faith to resolve the
Dispute expeditiously using informal dispute
resolution techniques such as mediation, expert
evaluation or determination or similar techniques
agreed by them.

(b) If the parties do not agree within 10 business days
of receipt of the Notice (or such further period as
agreed in writing by them) as to:

(i) the dispute resolution technique and
procedures to be adopted;

(ii) the timetable for all steps in those
procedures;