7 MAY 2009 NEW ZEALAND GAZETTE, No. 62 1431

Third Schedule

Definitions, Interpretation and Rights and Powers

"the Grantor" means Brent John Harris, Denise Mary Harris and Michael Grant, together with their successors, administrators and assigns.

"the Grantee" means Her Majesty The Queen for functioning indirectly with a road.

1. Grantor’s Obligations:

1.1 The Grantor shall:

1.1.1 Not plant or cause or allow to be planted any plants, trees or shrubs (excluding pasture grasses) on the Easement Land that may grow to a height of more than 2 metres above the existing ground level;

1.1.2 Not erect or place thereon any buildings, hoardings, signs or other erections or fences on the Easement Land at any time;

1.1.3 Not park vehicles of any kind, or any caravans, trailers or other machinery on the Easement Land;

1.1.4 Ensure that the Easement Land is kept clear of any obstruction;

1.1.5 Be entitled to graze livestock on the Easement Land.

1.2 The Grantor must not do and must not allow to be done on the Servient Land anything that may interfere with or restrict the rights of the Grantee.

2. Grantee’s Obligations:

2.1 The Grantee shall have the right to have access to the Easement Land at all reasonable times for the inspection of the Easement Land and to ensure the Grantee’s compliance with clause 1.1.

2.2 Notwithstanding anything in clause 3, but subject to clause 2.3 to 2.5 (inclusive), the Grantee shall be entitled to enter onto the Servient Land for the removal without notice of any of the items referred to in clause 1.1.1 and/or the relocation without notice of any of the items referred to in clauses 1.1.2 to 1.1.3 (inclusive) to adjoining parts of the Servient Land.

2.3 For the purpose of the exercise of any rights conferred under clause 2.1, the Grantee may:

2.3.1 Enter upon the Servient Land by a reasonable route and with all necessary tools, vehicles and equipment; and

2.3.2 Remain on the Servient Land for a reasonable time for the sole purpose of completing the necessary work; and

2.3.3 Leave any vehicles or equipment on the Servient Land for a reasonable time if work is proceeding; and

2.3.4 Must ensure that as little damage or disturbance as possible is caused to the Servient Land or to the Grantor.

2.4 The Grantee must ensure that all work undertaken pursuant to this clause is performed in a proper and workmanlike manner and completed promptly.

2.5 The Grantee must immediately make good any damage done to the Servient Land by restoring the surface of the land as nearly as possible to its former condition.

2.6 The Grantee is not obliged to compensate the Grantor for all damages caused to any of the items referred to in clause 1.1.1 to 1.1.3 (inclusive).

3. Default:

3.1 If the Grantor or the Grantee does not meet the obligations implied or specified in this Instrument, the party not in default may serve on the defaulting party written notice requiring the defaulting party to meet a specific obligation and stating that, after the expiration of 7 working days from service of the notice of default, the other party may meet the obligation.

3.2 If, at the expiry of the 7-working-day period, the party in default has not met the obligation, the other party may:

3.2.1 Meet the obligation; and

3.2.2 For that purpose, enter the servient land.

3.3 The party in default is liable to pay the other party the cost of preparing and serving the default notice and the costs incurred in meeting the obligation.

3.4 The other party may recover from the party in default, as a liquidated debt, any money payable under this clause.

4. Disputes

4.1 If a dispute in relation to the easement arises between the Grantee and the Grantor:

4.1.1 The party initiating the dispute must provide full written particulars of the dispute to the other party; and

4.1.2 The parties must promptly meet and in good faith try to resolve the dispute using informal dispute resolution techniques, which may include negotiation, mediation, independent expert appraisal, or any other dispute resolution technique that may be agreed by the parties.

4.2 If the dispute is not resolved within 14 working days of the written particulars being given (or any longer period agreed by the parties):

4.2.1 The dispute must be referred to arbitration in accordance with the Arbitration Act 1996; and

4.2.2 The arbitration must be conducted by a single arbitrator to be agreed on by the parties or, failing agreement, to be appointed by the President of the District Law Society (being the District Law Society that has its headquarters closest to the land).

Fourth Schedule

Easement to be Acquired

Electricity easement in gross over that part of Part Lot 2 DP 73248 (Computer Freehold Register WN42C/61); marked "A" on SO 408936.

Dated at Christchurch this 27th day of April 2009.

S. R. GILBERT, for the Minister for Land Information.

(LINZ CPC/2007/12138)

ln3863

Land Set Apart for Education Purposes—Rose Street, Wellington City

Pursuant to section 52(1) of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Stephen Robert Gilbert, Land Information New Zealand, declares the land described in the Schedule to this notice to be set apart for education purposes on the date of publication of this notice in the New Zealand Gazette, and to remain vested in the Crown.

Wellington Land District—Wellington City

Schedule