1128 NEW ZEALAND GAZETTE, No. 45 3 MARCH 2005

(a) To use any concrete or other materials already laid
on the easement land for the purposes of directing
the flow of water.

(b) To lay, place and maintain or to have laid, placed
and maintained, such materials (including soil,
concrete, timber, reinforcing, backfill and vegetation)
as the grantee deems expedient for the purpose of
constructing and maintaining an open watercourse
way over the easement land.

(c) To remove and replace or dispose of any materials
laid in or on the easement land.

(d) The full, free, uninterrupted and unrestricted right,
liberty and privilege for the grantee, his servants,
agents and workmen, with any tools, implements,
machinery, vehicles or equipment of whatsoever
nature necessary for the purpose, to enter upon
the easement land and to remain there for any
reasonable time for the purpose of constructing,
inspecting, cleansing, repairing, maintaining and
renewing the open watercourse way, or any part
thereof and of opening up the soil of the easement
land to such extent as may be necessary and
reasonable in that regard.\n
Covenants
The grantor hereby covenants with the grantee that the
grantor shall keep the easement land clear of all trees,
vegetation, overhanging branches and other obstructions at
all times, and further covenants with the grantee that the
grantor shall not at any time do or suffer any act or thing
which will prevent or unreasonably interfere with the full
and free use and enjoyment by the grantee of the rights and
privileges hereby granted.

Further Terms and Conditions
The grantor and grantee also agree as follows:

(a) No power is implied for the grantor to terminate
the easement rights by breach of any provision in
this easement by the grantee for any other cause, it
being the intention of the parties that the easement
rights will continue forever unless surrendered.

(b) The grantor will not do anything which interferes
with or restricts the rights of the grantee or other
authorised persons in relation to any of the easement
rights.

(c) The easement rights are in substitution for those set
out in the Seventh Schedule to the Land Transfer
Act 1952.

(d) If the grantor or the grantee fails (“the defaulting
party”) to perform or join with the other party
(“the other party”) in performing any obligation
under this easement, then:

(i) the other party may serve a written notice on the
defaulting party (a “default notice”) specifying
the default and requiring the defaulting party to
perform or to join in performing the obligation
and stating that, after expiry of one month from
service of the default notice, the other party
may perform the obligation;

(ii) if after the expiry of one month from service of
the default notice the defaulting party has not
performed or joined in performing the
obligation, the other party may:

(1) perform the obligation; and
(2) for that purpose enter on to the land;

(iii) the defaulting party shall pay to the other
party the costs of the default notice and the
costs of the other party in performing
the obligation of the defaulting party within one
month of receiving written notice of the other
party’s costs; and

(iv) the other party may recover any money payable
under paragraph (iv) (c) from the defaulting
party as a liquidated debt.

If any dispute arises between the grantor and the grantee
concerning the rights created by this easement, the parties
shall enter into negotiations in good faith to resolve their
dispute.

If the dispute is not resolved within one month of the date
on which the parties begin their negotiations, the parties
shall submit to the arbitration of an independent arbitrator
appointed jointly by the parties and, if one cannot be agreed
upon within 14 days, to an independent arbitrator appointed
by the president for the time being of the Hawke’s Bay
District Law Society.

Such arbitration will be determined in accordance with the
Arbitration Act 1996 and its amendments or any enactment
passed in substitution.

Dated at Auckland this 22nd day of February 2005.

R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/1998/1037)
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Road to be Stopped—Princes Drive, Nelson City

Pursuant to sections 116 and 117 of the Public Works
Act 1981, and to a delegation from the Minister for
Land Information, R. J. Sutherland, Land Information
New Zealand, declares the portions of road adjoining or
passing through the land described in the Schedule to this
notice to be stopped and shall remain vested in the Nelson
City Council on the date of publication of this notice in the
New Zealand Gazette.

Nelson Land District—Nelson City

Schedule

Area Description
m2
343 Lot 1, DP 3348 (Computer Freehold Register
NL1107/165); shown as Section 1 on SO 343875.

Dated at Auckland this 22nd day of February 2005.

R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/1998/1046)
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Land to be Declared Road—State Highway No. 6,
Lumsden, Southland District

Pursuant to section 114 of the Public Works Act 1981, and
to a delegation from the Minister for Land Information,
R. J. Sutherland, Land Information New Zealand, declares
the land described in the Schedule to this notice to be road
which, pursuant to section 60 (2) of the Transit New Zealand
Act 1989, shall form part of State Highway No. 6 and shall
vest in the Crown on the date of publication of this notice in
the New Zealand Gazette.

Southland Land District—Southland District

Schedule

Land Declared as Road

Area Description
m2
51 Part Lot 4, DP 12125; shown as Section 1 on
SO 328453 (part Computer Freehold Register
SL9A/607).

Dated at Auckland this 25th day of February 2005.

R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/2003/9317)
ln1240