16 MARCH 2006

NEW ZEALAND GAZETTE, No. 25

(a) enter the easement land at any time with or without agents, consultants, servants, contractors and workmen with all necessary tools, implements, machinery, vehicles or equipment; and

(b) remain on the easement land for such time as is necessary for the purpose of exercising such right or performing such obligation.

4. In exercising any rights under Clause 3, the council shall:

(a) give the registered proprietor of the time being of the easement land (“the owner”) not less than five working days’ notice of its intention to enter on to the easement land, except in an emergency in which case the council may enter on to the easement land on the giving of 24 hours’ notice where possible;

(b) cause as little damage, disturbance, inconvenience and interruption to the owner and to the use of the land as is reasonably necessary; and

(c) forthwith make good any damage done to the easement land and to any occupier of the easement land including any damage done to any property of an occupier of the easement land.

5. The owner covenants with the council that it will not build or erect any structures or other improvements on the easement land.

6. The owner must not do any act which impedes, interferes with or restricts the rights of council and other authorised persons in relation to the easement.

7. The following provisions will apply to all disputes in relation to the easement or to any of the rights and obligations contained herein.

(a) Any dispute which may arise between the parties concerning the interpretation of this easement or relating to any other matter arising under the agreement or this Schedule will be actively and in good faith negotiated by the parties with a view to a speedy resolution of such disputes.

(b) If the parties cannot resolve a dispute within 15 business days of any dispute arising then, unless otherwise expressly provided in the agreement or this Schedule, they will without prejudice to any other right, explore whether such dispute can be resolved by agreement between them using informal dispute resolution techniques such as mediation. The rules governing any such technique if adopted will be agreed between the parties or as selected by the organisation known as “LEADR” (Lawyers Engaged in Alternative Dispute Resolution).

(c) If the parties cannot agree on any dispute resolution technique within a further 15 business days of any dispute being considered for referral by both parties to any informal dispute resolution technique under Clause 7b, then the dispute shall be settled by reference to arbitration. Except as otherwise expressly provided in this easement, the reference shall be to a single arbitrator if one can be agreed upon, or to two arbitrators (one to be appointed by each party) and their umpire (appointed by them prior to their arbitration), such arbitration to be carried out in accordance with the Arbitration Act 1996 and the substantive law of New Zealand.

(d) The parties will co-operate to ensure the expeditious conduct of any arbitration. In particular, each party will comply with any reasonable time limits sought by the other for settling terms of reference, interlocutory matters and generally all steps preliminary and incidental to the hearing and determination of the proceedings.

679

8. Any notice given, or required to be given, by either of the parties shall be in writing, and shall be deemed to be duly given in accordance with section 152 of the Property Law Act 1952.

Dated at Wellington this 9th day of March 2006.

R. A. JOLLY, for the Minister for Land Information.

(LINZ CPC/2001/6807)

ln1665

Land Acquired for Soil Conservation and River Control—Lake Tutira, Hastings District

Pursuant to section 20 (1) of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ronald Alistair Jolly, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the land described in the Schedule to this notice is acquired for soil conservation and river control and vested in the Hawke’s Bay Regional Council on the date of publication of this notice in the New Zealand Gazette.

Hawke’s Bay Land District—Hastings District

Schedule

Dated at Wellington this 10th day of March 2006.

R. A. JOLLY, for the Minister for Land Information.

(LINZ CPC/1998/1034)

ln1666

Land Acquired for Soil Conservation and River Control—Ngaruroro River, Hastings District

Pursuant to section 20 (1) of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ronald Alistair Jolly, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the land described in the Schedule to this notice is acquired for soil conservation and river control and vested in the Hawke’s Bay Regional Council on the date of publication of this notice in the New Zealand Gazette.

Hawke’s Bay Land District—Hastings District

Schedule

Dated at Wellington this 10th day of March 2006.

R. A. JOLLY, for the Minister for Land Information.

(LINZ CPC/1998/1034)

ln1664

Road to be Stopped and Amalgamated—Mosston/Buxton Roads, Wanganui, Wanganui District

Pursuant to sections 116 (1) and 117 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ronald Alistair Jolly, Land Information New Zealand, declares the portions of road described in the Schedule to this notice to be stopped and, pursuant to section 120 (3), amalgamated with the land in Computer Freehold Register WN43D/400, subject to mortgage 6439791.3, on the date of publication of this notice in the New Zealand Gazette.