NEW ZEALAND GAZETTE, No. 67 — 28 JULY 2016

1.5 The grantee has no obligation to direct, divert, detain, concentrate or convey Stormwater through, under, or over the servient land continuously or at all.

Access

2.1 The grantee’s right of access under clause 1.2 may be exercised on giving reasonable notice to the grantor, except in an emergency.

2.2 When obtaining access to the stipulated course, the grantee must, so far as is practicable, use existing driveways and other areas suitable for access, and:

2.2.1 do as little damage as possible to the servient land and any vegetation, fences or improvements on it;

2.2.2 cause as little disturbance as reasonably possible to the grantor’s use and enjoyment of the servient land;

2.2.3 reinstate the surface of the servient land as soon as reasonably possible after the work has been completed so as to restore it as nearly as possible to its former condition; and

2.2.4 repair any fences or other improvements on the servient land damaged by the grantee to reinstate them to their previous condition and replace any trees, shrubs and plants which have been destroyed or severely damaged.

Grantor’s Obligations

3.1 The grantor may not:

3.1.1 place any buildings or other improvements on the stipulated course;

3.1.2 plant or allow any tree or shrub to grow on the stipulated course without the grantee’s prior consent (which it may withhold at its discretion);

3.1.3 change the existing surface levels of the stipulated course except with the grantee’s prior approval;

3.1.4 cause or allow any damage to occur to the Easement Facility; or

3.1.5 do anything or allow anything to be done which would interfere with, or affect, the rights of the grantee under this easement.

3.2 The grantor must carry out regular landscape and vegetation maintenance so as to ensure that any vegetation on the servient land does not interfere with, or affect, the rights of the grantee under this easement.

Maintenance

4. The grantee is responsible for maintaining the Easement Facility in the stipulated course so that it does not become a nuisance or a danger.

No Power to Terminate

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

Statutory Rights

6. The easement rights are in substitution for those set out in the Fourth Schedule of the Land Transfer Regulations 2002, but otherwise this easement does not affect any statutory powers that the grantee may have.

Disputes

7. If any dispute arises between the grantor and grantee concerning the rights in 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 at the request of either party to the arbitration of an independent arbitrator appointed jointly by the parties, or 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 New Zealand Law Society. The arbitration will be determined in accordance with the Arbitration Act 1996 and its amendments or any statute which replaces it.

8. Where there is a conflict between the provisions of Schedule 4 of the Land Transfer Regulations 2002 and the modification by this notice to Schedule 4 of the Land Transfer Regulations 2002, the modification in this notice is to prevail on the date of publication hereof in the New Zealand Gazette.

North Auckland Land District—Auckland

Schedule

Part Lot 42 DP 23141; marked "A" on SO 500654 (part Computer Freehold Register NA1067/84).

66