4038

NEW ZEALAND GAZETTE, No. 161

22 SEPTEMBER 2005

(iii) the selection and compensation of the
independent person required for such
techniques,

the parties shall mediate the Dispute in accordance
with the Mediation Rules of the New Zealand Chapter
of Lawyers Engaged in Alternative Dispute Resolution
(“LEADR”) and the executive chair of LEADR or the
executive chair’s nominee will select the mediator and
determine the mediator’s remuneration.

(c) Where the Dispute is not resolved by mediation in
accordance with this clause 6.3, then
either party may take such other action, as it
considers appropriate, including commencing
legal proceedings;

(d) Pending resolution of the Dispute, the parties shall
continue to perform their respective obligations
pursuant to the provisions of the easement.

7. Notices

7.1 Without prejudice to any other procedures for the
giving of notice at law, all notices and other
communications required or permitted under the
easement shall be in writing and shall be delivered
personally or sent by prepaid post or by facsimile
transmission to such address notified for this purpose.

7.2 A notice or other communication delivered by hand
shall be deemed to have been received at the time
of delivery. However, if the delivery is not made on
a business day or is made after 5.00 p.m. on a business
day, then the notice or other communication will be
deemed to have been received on the next business
day.

7.3 A notice or other communication delivered by prepaid
post shall be deemed to have been received on the
third business day after posting.

7.4 A notice or other communication sent by facsimile
shall be deemed to have been received on the date of
transmission. However, if the date of transmission is
not a business day or the transmission is sent after
5.00 p.m. on a business day, then the notice or other
communication will be deemed to have been received
on the next business day after the date of transmission.

8. Governing Law

8.1 The easement is governed by, and shall be construed in
accordance with, the laws of New Zealand. The parties
to the easement agree to:

(a) submit to exclusive jurisdiction of the Courts of
New Zealand;

(b) waive any immunity they may have to the
New Zealand Courts jurisdiction; and

(c) consent to the enforcement, or execution, in any
court of competent jurisdiction in any country, of
any order or judgment which may be made by the
Courts of New Zealand.

9. Severability

9.1 If any part of the easement is held by any Court or
administrative body of competent jurisdiction to be
illegal, void or unenforceable, such determination shall
not impair the enforceability of the remaining parts of
the easement.

10. No Partnership

10.1 Nothing in the easement shall evidence or be deemed
to constitute a partnership between the parties.

11. No Waiver

11.1 A waiver of any provision of the easement shall not be
effective unless given in writing, and then it shall
be effective only to the extent it is expressly stated
to be given.

11.2 A failure, delay or indulgence by any party in
exercising any power or right shall not operate as
a waiver of that power or right. A single exercise of
any power or right shall not preclude further exercises
of that power or right or excuse from any other power
or right.

12. Force Majeure

12.1 Notwithstanding any other provision of the easement,
if either party shall fail to comply with or observe
any provision of the easement and such failure is
caused by an event which is outside the reasonable
control of that party, that failure shall not itself give
rise to any cause of action or liability based on breach
of that provision of the easement.

Given under the hand of Her Excellency the Governor-General of New Zealand, and issued under the Seal of
New Zealand this 5th day of September 2005.

[L.S.]

PETE HODGSON, Minister for Land Information.

God Save The Queen!

(LINZ CPC/2002/8662)

ln6176

Land Taken for Use in Connection With a Road—
State Highway No. 2, Petone to Dowse Drive
Realignment, Wellington – Unit 8 UP 68792

SILVIA CARTWRIGHT, Governor-General

A Proclamation

Pursuant to the Public Works Act 1981, I, The Honourable Dame Silvia Cartwright, Governor-General of New Zealand,
hereby declare all rights and interests under the Unit Titles Act 1972 (“the Act”) held by the registered proprietor
of Unit 8, Computer Unit Title Register WN 39A/600 and supplementary record sheet WN 36D/871, Wellington
Registry, relating to the land described in the First Schedule,
including those rights and interests set out in the Second Schedule, to be taken for use in connection with a road,
and a leasehold estate over the land described in the Third Schedule to be taken for the purpose set out in the
Fourth Schedule.

The terms and conditions of the leasehold estate are set out in the Fifth Schedule.

The interests acquired hereunder shall vest in the Crown on the 14th day after the date of the publication of this
Proclamation in the New Zealand Gazette.

Wellington Land Registry—Hutt City

First Schedule

Area Description
m²
1132 Part Lot 1, DP 40307; shown as Section 1 on
SO 341776.

39 Part Lot 1, DP 40307; shown as Section 2 on
SO 341776.

This land is located at 408 Hutt Road, Wellington.

Second Schedule

Rights and Interests

1. (a) The undivided share in the fee simple estate in that
   part of the land described in the First Schedule,
   being common property (relating to the Unit Title
   development defined on Unit Plan 68792).

(b) The undivided share in the fee simple estate in that
part of the land described in the First Schedule,
being Units 4 and 6, Accessory Units 14 to 19
(inclusive), and 73 to 90 (inclusive) on Unit Plan
68792 (“the Crown-owned Units”), which the
registered proprietor is contingently entitled to by