12 AUGUST 2010

NEW ZEALAND GAZETTE, No. 99

(easement) or otherwise with the prior written consent of the Dominant Owner on each occasion;

(b) Erect any fence, building or other structure on the easement area;

(c) Plant any vegetation on the easement area;

(d) Operate any Equipment or Vehicles on the easement area within a minimum clearance distance of four metres from any electricity transmission line conductor;

(e) Excavate or deposit material on the easement area;

(f) Impede the Dominant Owner’s access over the easement area and any agreed access routes over the Land and will not damage the surface of the agreed access routes;

(g) Knowingly cause or permit flooding of the easement area; or

(h) Light any fires or burn off vegetation within the easement area or within 500 metres of the easement area.

4. The Dominant Owner will cause as little disturbance as reasonably possible to the surface of the Land and the easement area, will restore the surface of the easement area and any other part of the Land which is disturbed by the Dominant Owner to as close as reasonably possible to its condition before the exercise by the Dominant Owner of its rights under this easement, and will make good any other direct physical damage caused by the exercise of the Dominant Owner’s rights.

5. The Dominant Owner will bear the costs of managing vegetation on the easement area including removing trees and other vegetation and controlling weeds to the requirements of any relevant Statute, Regulation, standard, code of practice or any competent authority (including district and regional councils) but will not be responsible for the cost of removing any vegetation which is planted by the Servient Owner in breach of this easement.

6. The Works, Equipment and Vehicles or any other property of the Dominant Owner will not, for any reason, become the property of the Servient Owner.

(a) If any dispute arises between the Servient Owner and the Dominant Owner concerning the rights and obligations contained within this easement, the parties will enter into negotiations in good faith to resolve the dispute, or utilise any informal dispute process they mutually agree upon.

(b) If the dispute is not resolved, any party may at any time serve a mediation notice on the other party requiring the dispute be referred to mediation. The mediation notice shall set out the nature of the dispute.

(c) The parties shall in good faith endeavour to agree upon a mediator within five working days of the date of service of the mediation notice. The mediator’s costs are to be borne equally by the parties.

(d) If the dispute is not resolved within 20 working days of the date on which the mediation notice was served, the parties will submit to the arbitration of an independent arbitrator appointed jointly by the parties.

(e) If the parties cannot agree on the arbitrator within a further 10 working days, the president or his or her nominee for the time being of the New Zealand Law Society will appoint an independent arbitrator in the area.

(f) The arbitration proceedings will be conducted in accordance with the Arbitration Act 1996 and the substantive law of New Zealand.

Dated at Auckland this 17th day of July 2010.

HON MAURICE WILLIAMSON, Minister for Land Information.

ln6048

Declaring Crown Land Road—State Highway 6, Five Rivers, Lumsden, Southland District

Pursuant to section 114 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Paul Stephen Kelly, Land Information New Zealand:

(a) Declares the land described in the First Schedule to this notice to be road and vested in the New Zealand Transport Agency for State highway purposes;

(b) Declares the land described in the Second Schedule to this notice to be road and vested in the Southland District Council on the date of publication hereof in the New Zealand Gazette.

Southland Land District—Southland District

First Schedule

Second Schedule

Dated at Wellington this 26th day of January 2010.

PAUL STEPHEN KELLY, for the Minister for Land Information.

(LINZ PRY-A30-17568-DIS-A/03)

ln6246

Notice of Intention to Take Land—for the Silverdale Park and Ride, Hibiscus Coast Highway, Rodney District

Notice is hereby given that the Rodney District Council, under the provisions of section 23 of the Public Works Act 1981, proposes to take the land described in the Schedule hereto ("the land").

The land is required for the proposed Silverdale Park and Ride. More particularly, part of the land is required for the functioning indirectly of a road (passenger transport station), part of the land is required for road and the balance is required for stormwater purposes.

The owner of the land and those persons with a registered interest in it have been served with notice of the Rodney District Council’s intention to take the land and their right to object.

Any other person having the right to object may send a written objection to the Registrar, Environment Court, 8th Floor, District Court Building 3 Kingston Street, Auckland 1010. Postal Address: PO Box 7147, Wellesley Street, Auckland 1141, within 20 working days after the date of publication of this notice.

If any objection is made in accordance with this notice, a public hearing will be held with the right of the objector to appear and be heard personally unless the objector otherwise requires and each objector will be informed of the time and place of the hearing.

Any person requiring further information in respect of this advice should contact Dave Everiss at The Property Group Limited, Level 3, DLA Phillips Fox Tower, National Bank Centre, 209 Queen Street, Auckland 1010. Postal Address: