NEW ZEALAND GAZETTE, No. 142

29 NOVEMBER 2012

Council (the “Grantee”) on the date of publication hereof in the New Zealand Gazette.

North Auckland Land District—Far North District

First Schedule

Easement to be Acquired

Part Lot 1 DP 148402; marked “A” on SO 458693 (part Computer Freehold Register NA88B/221).

Second Schedule

Terms of Easements

The rights and powers implied shall be those set out in the standard provisions of Schedule 4 of the Land Transfer Regulations 2002 and/or the Fifth Schedule of the Property Law Act 2007 except as varied herein:

1. Any terms used in this Easement that are defined in the Land Transfer Regulations 2002 shall take those meanings.

2. Where there is a conflict between the provisions of Schedule 4 of the Land Transfer Regulations 2002, and the modifications in this Easement, the modifications in this Easement shall prevail.

3. Reference in Clauses 3, 4, 6 and 9 of Schedule 4 of the Land Transfer Regulations 2002 shall be deleted for the purpose of this Easement.

4. The Grantee shall have the full free right to:

   (a) Install and maintain the Easement Facilities under the soil of the Stipulated Course to a depth of at least one (1) metre and to use such Easement Facilities for the purposes of the easements granted under this instrument.

   (b) Enter on to the Servient Tenement using all reasonable routes, with or without vehicles and with material, equipment, machinery and to remain there for the purpose of laying down, constructing, maintaining, inspecting, repairing or replacing the Easement Facilities as may be necessary to enable the Grantee to receive the full free use and enjoyment of the rights and privileges granted herein, provided that the Grantee shall use its reasonable endeavours to give the Grantor reasonable notice of its intention to enter, prior to entering the Servient Tenement except in the case of emergencies (including where entry is necessary in circumstances of possible danger to life or property or necessary to maintaining the continuity or safety of the easements hereunder) when it will be entitled to exercise its rights under this Easement without notice.

5. In exercising its rights under this Easement, the Grantee shall restore the surface of the Servient Tenement as nearly as possible to its former condition including recontouring the Servient Tenement to ensure that a minimum cover of one (1) metre is maintained above the Easement Facilities and make good all damage to the Servient Tenement, structures or improvements on the Servient Tenement directly or indirectly caused by the Grantee in exercising its rights hereunder.

6. The Grantee will indemnify and keep indemnified the Grantor against any loss or damage to the Servient Tenement or incurred by the Grantor caused directly or indirectly by the Grantee’s exercise of the rights granted under this Easement.

7. The Grantor covenants with the Grantee not to place any buildings, erect fences or other permanent structures on the Stipulated Course without the specific prior written consent of the Grantee and the Grantor will use reasonable endeavours not to commit or suffer any acts whereby the rights, powers, licences and liberties hereby granted to the Grantee may be interfered with or affected. The issue by the Grantee of a building consent pursuant to the Building Act 2004 (or any modification or re-enactment thereof) shall not be regarded as written consent for the purpose of this clause.

8. The Grantee shall be responsible for the installation, repair, replacement and maintenance of the Easement Facilities so as to keep the same in good order and repair and condition and to prevent the same from becoming a nuisance. The cost of installation, maintenance, repair, and replacement of the Easement Facilities will be the sole responsibility of the Grantee.

9. Notwithstanding paragraph 8 hereof, if any repair or replacement of the Easement Facilities is necessary due to any act or omission, neglect or fault of the Grantor or the Grantor’s employees, contractors, agents, tenants, licensees or invitees, the Grantor will promptly carry out such repair or replacement and will bear the cost of such repair or replacement. Where the act or omission is the partial cause of the maintenance repair or replacement, the costs payable by the Grantee shall be in proportion to the amount attributable to the act or omission of the Grantor.

10. The Grantee may drain and convey sewage and convey electricity and telecommunications and computer media in any quantities.

11. The Grantee’s rights to the Easement Facilities under this Easement are exclusive to the Grantee.

12. Nothing contained or implied by this Easement shall be deemed to compel the Grantee to drain sewage along the Stipulated Course.

13. The Easement is not in substitution for and is without prejudice to such statutory rights and authorities as the Grantee may have from time to time in respect of the Easement.

14. If at any time any of the easements granted under this instrument are surrendered, the Grantee shall be required to leave the Easement Facilities in a safe condition and if necessarily restore the Servient Tenement to the condition it was in prior to this Easement being granted.

15. Dispute resolution

    It is hereby agreed by and between the parties that, in the event of any dispute arising between the parties hereto as to the construction or operation of this Easement:

    (a) The party initiating the dispute must provide full written particulars of the dispute to the other party; and

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

    (c) If the dispute is not resolved within 15 working days of the written particulars being given (or any longer period agreed by the parties) then such dispute shall be referred to arbitration within the meaning of the Arbitration Act 1996 and this clause shall be deemed to be a submission to arbitration within the meaning of that Act.

16. Ownership

    The ownership of the Easement Facilities installed in, over, on or under the Servient Tenement from time to time by the Grantee shall at all times remain vested in the Grantee and no person shall have any estate or interest in such Easement Facilities by reason only of having an interest or estate in the Servient Tenement.