1988 NEW ZEALAND GAZETTE, No. 74 13 JUNE 2013

3.2 Any damage to the surface of the stipulated area that is caused by either party or any person under the control or direction of that party must be made good promptly by, and at the sole cost of, that party.

3.3 The parties responsible for maintenance under this clause must meet any associated requirements of the relevant local authority.

4. Registered Proprietor’s Obligations

The registered proprietor may not:

4.1 place or allow any obstruction to the use and enjoyment of the right of way, whether by parked vehicles, rubbish or otherwise; or

4.2 place any buildings or erections or plants or allow or suffer to grow any tree, shrub, or bush on the stipulated area;

4.3 alter, reconstruct, or change the existing surface levels of the stipulated area or permit those surface levels to be altered, reconstructed or changed without the prior written consent of the grantee; and

4.4 do anything or allow anything to be done which interferes with or adversely affects the rights of the grantee (including the grantee’s employees, tenants, agents, workmen, contractors, licensees and invitees) under this easement.

5. Grantee’s Obligations

The grantee will construct and maintain the service lane within the stipulated area including all drainage works, stormwater and other maintenance so that it does not become a danger or nuisance to the registered proprietor, its authorised personnel, licensees, lessees, workmen, contractors and invitees or the public.

6. No Power to Terminate

There is no implied power in this easement for the registered proprietor to terminate the easement rights due to the grantee breaching any term of this easement or for any other reason, it being the intention that the easement rights will continue forever unless surrendered.

7. Statutory Rights

The rights in this easement are in substitution for those rights set out in the Fourth Schedule to the Land Transfer Regulations 2002 and the rights set out in the Fifth Schedule to the Property Law Act 2007, but otherwise this easement does not affect any statutory powers which the grantee may have.

8. Default

If either party fails ("defaulting party") to perform, or join with the other party ("other party") in performing, any obligation under this easement, the following provisions will apply:

8.1 The other party may serve a written notice on the defaulting party ("default notice") specifying the default and requiring the defaulting party to perform or to join in performing the obligation and stating that, after the expiry of one month from service of the default notice, the other party may perform the obligation;

8.2 if after the expiry of one month from service of the default notice, the defaulting party has not performed or joined in performing the obligation, the other party may:

8.2.1 perform the obligation; and

8.2.2 for that purpose enter on to the registered proprietor’s land;

8.3 the defaulting party must pay to the other party the costs of:

8.3.1 the default notice; and

8.3.2 the other party in performing the obligation of the defaulting party;

within one month of receiving written notice of the other party’s costs; and

8.4 the other party may recover any money payable under clause 8.3 from the defaulting party as a liquidated debt.

9. Disputes

If any dispute arises between the parties concerning the rights created by this easement, the parties must enter into negotiations in good faith to resolve their dispute. If the dispute is not resolved within one month of the date on which the parties begin their negotiations, the parties must submit to the arbitration of an independent arbitrator appointed jointly by the parties. If the parties cannot agree on an independent arbitrator within 14 days, the parties will submit to the arbitration of an independent arbitrator appointed by the President for the time being of the District Law Society in which the registered proprietor’s land is situated. That arbitration will be determined under the Arbitration Act 1996 and its amendments or any statute which replaces it.

Dated at Wellington this 7th day of June 2013.

N. POLLARD, for the Minister for Land Information.
(LINZ CPC/2005/10974)

ln3637

Land Acquired for Road—Whakamarama Road, Whakamarama, Western Bay of Plenty District

Pursuant to section 20 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Natasha Pollard, Land Information New Zealand, declares that, an agreement to that effect having been entered into, the land described in the Schedule to this notice is hereby acquired for road and shall vest in the Western Bay of Plenty District Council on the date of publication hereof in the New Zealand Gazette.

South Auckland Land District—Western Bay of Plenty District

Schedule

Description

241 Part Lot 16 DP 411394; shown as Section 1 on SO 462243 (Computer Freehold Register 448348).

117 Part Lot 17 DP 411394; shown as Section 2 on SO 462243 (Computer Freehold Register 448349).

349 Part Lot 24 DP 411394; shown as Section 5 on SO 462243 (Computer Freehold Register 448347).

Dated at Wellington this 31st day of May 2013.

N. POLLARD, for the Minister for Land Information.
(LINZ CPC/2005/10913)

ln3476

Land Acquired for Road—252 Whakamarama Road, Whakamarama, Western Bay of Plenty District

Pursuant to section 20 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Natasha Pollard, Land Information New Zealand, declares that, an agreement to that effect having been entered into, the land described in the Schedule to this notice is hereby acquired for road and shall vest in the Western Bay of Plenty District Council on the date of publication hereof in the New Zealand Gazette.