876 NEW ZEALAND GAZETTE, No. 34 10 FEBRUARY 2005

adjustment of the annual rental relating to the period
following the relevant rent review date and thereafter the
lessee will pay the new annual rental by annual
payments in advance.

8. Termination By Lessee
   The lessee shall have the right to terminate this lease, for
   whatever reason, by giving 12 months’ notice in writing to
   the lessor.

9. Right to Undertake Earthworks and Erect Buildings and
   Structures
   The lessee shall be entitled to undertake earthworks and
   erect buildings and structures on the premises for use as a
   communications facility provided that such earthworks are
   carried out and such buildings and structures are erected in
   terms of any necessary resource consent and current
   building controls and regulations that would relate to such
   buildings or structures.

10. Removal of Buildings and Structures
    On expiry of the lease (or any renewal thereof) or on
    the earlier termination of the lease pursuant to clause 8, the
    lessee shall (within three (3) months of the date of expiry or
    termination) remove all buildings or structures erected by
    the lessee provided that:

a. The lessee is not in breach of the lease at the expiry date
or termination date, and

b. The lessee restores the surface of the premises as nearly
as possible to its original condition and any other
damage done by reason of the removal is repaired.

11. Fencing and Lessor’s Use of the Premises

a. The lessee may but shall not be obliged to erect a
boundary fence between the premises or part thereof and
the balance of the lessor’s land.

b. The parties acknowledge that the lessor uses the existing
farm track located on the premises to gain access to the
balance of the lessor’s land.

c. In the event that the lessee fences the premises, the
lessee agrees that the lessor may use the existing farm
track located on the premises for passage of person,
vehicle or stock.

d. The lessee will, as part of the fencing of the
premises, install such gates as may be appropriate to
enable the lessor to exercise the right of access granted
by clause 11c.

e. In the event that the premises remain unfenced and not
otherwise, the lessor shall have the right to enter the
premises for any period and for any purpose (including
the right contained in clause 11c above) which does not
conflict with the lessee’s exclusive right to operate a
communications facility from the premises and shall
have the right to graze the premises at no cost and
shall be responsible for the control of noxious weeds
and vermin where a statutory obligation to do so exists.

12. Arbitration
    Except for the determination of rent, any doubt or difference
    arising between the lessor and the lessee as to the
    construction of any of the provisions herein contained or as
    to the obligations of the lessor and the lessee respectively,
    as set out in this lease, shall be referred to the determination
    of a single arbitrator if the parties so agree or failing
    agreement to the determination of two arbitrators (one to be
    appointed by the lessor and the other by the lessee) and their
    umpire and so that such reference shall be deemed to be a
    submission to arbitration under the Arbitration Act 1996 or
    any statutory enactment passed in substitution therefore.

13. Notices
    Any notice or other document required to be given or
    delivered or served under this lease may be given, delivered
    or served in any manner pursuant to section 4 of the

        Public Works Act 1981 including notice served by facsimile
        message.

The address for notices to be served on the Crown under
this lease is:

The Chief Executive, Land Information New Zealand,
P.O. Box 5501, Wellington. Facsimile: (04) 472 2444.

The address for communications relating to the
communications facility and the use of the land under this
lease is:

New Zealand Police, Information and Technology
Group, P.O. Box 50-040, Porirua. Facsimile:
(04) 389 0690.

The address for notices served on the lessor under this lease
for the time being is:

Kevin Beard, Summit Mt Messenger, R.D. 48, Urenui.

Rights, Powers, Terms and Conditions of the Access Track

14. Right to Undertake Earthworks and Erect Buildings and
    Structures
    The lessee may construct or upgrade an access track over
    the lessor’s land as may be necessary for the construction
    of the communications facility and for its subsequent
    operation, maintenance, repair or replacement. The parties
    undertake to maintain the access track to all weather 4WD
    standard in accordance with clause 15c.

15. Access

a. The lessor shall not cause any obstruction over the
access track. The lessor may erect fences across
the access track but shall provide suitable gates to allow
passage of vehicles.

b. The lessee, and any of the lessee’s licensees and or
sublessees, shall close all gates opened for the purpose of
access and shall disturb stock grazing on the lessor’s
land as little as possible.

c. The cost of maintaining the access track shall be shared
between the lessor and the lessee, and any licensees and
or sublessees of the lessee (if any), on a proportional use
basis.

d. The lessee shall be entitled to undertake earthworks on
the access track for the purposes of maintaining,
repairing, upgrading, renewing or replacing the existing
access track and shall be responsible for obtaining any
necessary resource consents to do so.

e. The lessee shall have the rights implied into Rights of
Way by the Fourth Schedule to the Land Transfer
Regulations 2002, except where such rights have been
varied herein.

Rights, Powers, Terms and Conditions of the Power
Supply Line

16. Right to Convey Electricity

a. The lessee shall be entitled to erect, maintain, repair,
upgrade and replace power poles, lines and transformers
and to trench and lay power cables and any earthing
systems needed to convey electricity for the use of the
lessee and its licensees, and sublessees and in any
quantity from the source of supply or point of entry
to the lessor’s land and following the stipulated course
over the power supply land together with the right to
enter and use any part of the lessor’s land in a reasonable
manner at any time in order to gain access to and
undertake all work on the power supply line, provided
that at the conclusion of the work on such land, it shall
be returned as near as practicable to its original
condition.

b. The lessee shall have the rights implied into the right to
convey electricity by the Fourth Schedule to the Land
Transfer Regulations 2002, except where such rights
have been varied herein.