10 FEBRUARY 2005

NEW ZEALAND GAZETTE, No. 34

held by the Crown for police, public safety and emergency
services communication purposes for the terms and from the
commencement date and at the rental set out in the Fourth
Schedule; together with the rights, powers, terms and
conditions in the Fifth Schedule on the date of publication of
this notice in the New Zealand Gazette and may be
surrendered by a further notice in the New Zealand Gazette.

Taranaki Land District—New Plymouth District

First Schedule

Leasehold Interest

Second Schedule

Right of Access

Lot 1, DP 5816; marked “A” and “B” on SO 333721.

Third Schedule

Right to Convey Electricity

Lot 1, DP 5816; marked “C” on SO 333721.

Fourth Schedule

Terms of Lease

The Term: 20 years.

Commencement Date: 20 March 2003.

Further Terms: Two of 20 years each.

Renewal Dates: 20 March 2023, 20 March 2043.

Final Expiry Date: 19 March 2063.

Annual Rental: $2,000.00, plus G.S.T.

Rent Payment Dates: Payable annually by 20 March each year in advance.

Rent Review Dates: On each succeeding third anniversary of the Commencement Date.

Fifth Schedule

Definitions and Interpretations

“the access track” means the areas shown marked “A” and “B” on SO 333721.

“the Crown” means the New Zealand Police.

“the land” means the premises, the access track and the power supply line.

“the lessee” means Her Majesty the Queen for Police, Public Safety and Emergency Communications purposes.

“the lessor” means the registered proprietor of the land for the time being.

“the power supply land” means the area marked “C” on SO 333721.

“the premises” means Section 1 on SO 333721.

Rights, Powers, Terms and Conditions of the Leasehold Interest

1. Subletting and Licensing

The lessee shall be entitled to grant subleases and licences to occupy and use the land for police, or public safety, or emergency services communications purposes to any person, subject to obtaining the prior consent of the lessor which shall not be unreasonably withheld.

2. Quiet Enjoyment

The lessee paying the said rent and observing all and singular the agreements and conditions on the part of the lessee herein expressed and implied shall quietly hold and enjoy the premises during the continuance of the lease without interruption by the lessor or any person claiming under the lessor.

875

3. Rates

Rates levied against the land, if any, will be payable by the lessor.

4. Obligation Not to Obstruct

The lessor shall not grow or permit to be grown any trees, shrubs or bushes or erect any improvements on the lessor’s adjoining land which will interfere with the lessee’s use of the access track or the power supply line or lessee’s communications facilities on the premises.

5. Default

That if the rent hereby reserved or any part thereof is in arrears for a period of sixty (60) days after the due date thereof (whether formally demanded or not) or if default is made by the lessee in the observance or performance of any agreement or condition on the part of the lessee herein expressed or implied or if the lessee goes into liquidation or becomes insolvent or compounds with creditors, the lessor may thereafter without notice re-enter upon the land or any part thereof and determine the estate and interest of the lessee therein without releasing the lessee from liability for payment of rent due or for the breach or non-observance or non-performance of any agreement or condition in respect of which the lessee shall have made default up to the date of such determination as aforesaid.

6. Renewal

a. If the lessee has not been in breach of this lease and has given to the lessor written notice to renew the lease three (3) calendar months before the end of the term, then the lessor will grant to the lessee a new lease of the land and the lessee will take on a lease of the land for the term specified in the Schedule.

b. The new lease shall be at a rental as calculated pursuant to clause 10 of this lease.

c. The new lease shall otherwise be upon like terms and conditions applying to this lease with the proviso that:

i. The lease shall contain a condition whereby the lessee shall be entitled to a further new lease for the further terms set out for the purposes of this clause in the Schedule with the intention that in no event will this lease and all new leases granted be for a term expiring later than the final termination date specified in the Schedule.

7. Rent Review

a. Not earlier than three (3) months prior to any rent review date, either party may give notice to the other adjusting the annual rental in accordance with the movement of the Consumer Price Index (all groups) published by Statistics New Zealand or other governmental agency. The new annual rental applicable from the relevant rent review date shall be calculated in accordance with the following formula:

N = R x CPI(D)
    CPI(C)

Where:

N = New Annual Rental
R = Annual Rental for previous 12 months
CPI(D) = Consumer Price Index (all groups) for the nearest quarter date either preceding or following the rent review date.
CPI(C) = Consumer Price Index (all groups) for the nearest quarter date either preceding or following the Commencement Date or the date of the most recent previous rent review, whichever is the later date.

b. Not later than one (1) month after the receipt of any notice given pursuant to paragraph (a) of this clause, the parties will settle between them any appropriate