2 JULY 2009

NEW ZEALAND GAZETTE, No. 97

(i) Explore whether the dispute can be resolved by use of the alternative dispute resolution technique of mediation. The rules governing such techniques shall be agreed between the parties or as recommended by the New Zealand Law Society or as selected by the Chairman of the New Zealand Chapter of LEADR (Lawyers Engaged in Alternative Dispute Resolution); and

(ii) In the event the dispute is not resolved without 28 days of written notice by one party to the other of the dispute (or such further period agreed in writing between the parties), either party may refer the dispute to arbitration under the provisions of the Arbitration Act 1996 or any amendment or re-enactment of it. The arbitrator shall be agreed between the parties within 10 days of written notice of the referral by the referring party to the other or failing agreement, appointed by the President of the New Zealand Law Society. In either case, the arbitrator shall not be a person who has participated in any informal dispute resolution procedure in respect of the dispute.

North Auckland Land District—North Shore City

First Schedule
Development Area
Marked “A” on DP 417040, being part Section 3 SO 406030 (part Computer Freehold Register 444432).

Second Schedule
Development Restriction Area
Marked “B” on DP 417040, being part Section 3 SO 406030 (part Computer Freehold Register 444432).

Dated at Auckland this 15th day of June 2009.

R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/2009/13373)
is5609

Land Declared Road—Alice Way, Papamoa Beach, Tauranga

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 vested in the Tauranga City Council on the date of publication of this notice in the New Zealand Gazette.

South Auckland Land District—Tauranga City Council

Schedule

Dated at Auckland this 26th day of June 2009.

R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/2005/10907)
is5642

Batter Easement to be Acquired—State Highway 1, Ohinewai North Road, Waikato District

Pursuant to sections 20(1) and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, R. J. Sutherland, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, a batter easement in gross is acquired over the land of Aqua Park Holdings Limited (“the Grantor”) described in the First Schedule to this notice upon the terms and conditions set out in the Third Schedule to this notice and shall vest in the Crown (“the Grantee”) on the date of publication of this notice in the New Zealand Gazette.

South Auckland Land District—Waikato District

First Schedule
The Grantor’s Land
Part DP 6980 and part Allotments 243 and 435 Parish of Whangamarino (all Computer Freehold Register SA618/151).
Part DP 5093 and part Allotment 243 Parish of Whangamarino (all Computer Freehold Register SA348/151).

Second Schedule
Easement to be Acquired
A batter easement in gross over those parts of part Allotment 243 Parish of Whangamarino; marked “D” and “E” on SO 408004 (“the easement”).

Third Schedule
Terms and Conditions
Definitions
The “Easement Land” means the area marked “D” and “E” on SO 408004.

Rights and powers
The Grantor grants to the Grantee the full and free right and liberty, licence and authority in perpetuity for Her Majesty The Queen (“the Grantee”), her engineers, agents and workmen to do and carry out the following on the Easement Land:

1. To enter on the Easement Land, to go, pass and repass, with or without machinery, or vehicles, over and along the land.
2. To construct and maintain on the Easement Land a batter to support and protect the roading infrastructure for State Highway 1 of such dimensions as the Grantee shall determine from time to time and to alter or reconstruct the same and do all things which are necessary to maintain the same in a state of efficiency subject to the provision of a 3-metre wide level bench along the length of the batter.
3. To plant, sow, and maintain plants or grasses on the land and to regulate or to prohibit interference with, or the destruction thereof, or any action or use of the Easement Land, which could affect the integrity or stability of the batter.

Conditions of easement
4. The owner of the land shall not erect any building or structure (other than fences) or plant any trees on the Easement Land.
5. This owner shall be entitled to utilise the Easement Land (and in particular the 3-metre level bench) for vehicle access, subject to any accessways, tracks or internal roads constructed for such purpose, being constructed to a standard approved by the Hamilton Regional Manager of New Zealand Transport Agency.
6. The owner shall not excavate the Easement Land or grant any easements over the Easement Land without the consent of the Grantee who may decline such consent if such excavation or easement in the view of the Hamilton Regional Manager of New Zealand Transport Agency (or the authority responsible for maintenance and control of the adjoining State highway in the event it is not controlled by New Zealand Transport Agency) may have a detrimental effect on the stability or integrity of the batter.