NEW ZEALAND GAZETTE, No. 35 — 30 MARCH 2017

easement) are modified by deleting paragraph 11(6) and inserting the following at the end of paragraph 11(5):

“provided that the owner of the servient land shall not be responsible for repair or maintenance of damage to the easement facility caused by logging activities on the servient land.”

4. Disputes

4.1 The provisions of clause 14 of the Regulations are modified by deleting paragraphs 14(a)–(c) and inserting the following:

“If any dispute or difference arises in any way out of or in connection with the easement the parties agree to discuss the matter fully in the spirit of goodwill and cooperation with a view to reaching a resolution for the purposes of which either party may require the other to enter into mediation in the manner adopted by LEADR or an equivalent facility for alternative dispute resolution available in New Zealand. If the parties cannot resolve any such dispute or difference and such dispute cannot be resolved through mediation, either party may require the matter to be referred to arbitration on the following terms:

(a) the arbitrator is to be jointly agreed upon by the parties;

(b) if the parties fail to agree on an arbitrator within seven working days of the issue being submitted to them any party may require the President of the Nelson District Law Society to nominate an arbitrator and that nomination will bind the parties;

(c) the reference is to arbitration under the Arbitration Act 1996;

(d) the arbitration decision is final and binding on and may include;

(i) an order for costs;

(ii) an order for enforcement; or

(iii) interest on monies payable.”

5. Conflict

5.1 In the event a conflict exists between the provisions of the Regulations and the modifications in this notice, the modifications shall prevail.

The land is located at Lee Valley.

Dated at Richmond this 16th day of March 2017.

LINDSAY MCKENZIE, Chief Executive, Tasman District Council.

(LINZ CPC/2005/10754)

2017-ln1510

Notice of Intention to Take an Easement for the Waimea Community Dam Project —Tasman District

Notice is hereby given that the Tasman District Council (“Council”) proposes to take, under the Public Works Act 1981, an easement in gross for a right of way, right to convey electricity, computer media and telecommunications (“easement”).

The easement is required for water augmentation and irrigation purposes for the Waimea Community Dam Project (“project”). More particularly, the easement is required over the land described in the First Schedule to this notice (“servient land”) and containing the rights and powers set out in Schedule 4 to the Land Transfer Regulations 2002 (“Regulations”) except as varied by the terms set out in the Second Schedule to this notice.

The registered proprietor of the servient land and those persons with a registered interest in it have been served with notice of the Council’s intention to take the easement and advised of their right to object.

Any other person having the right to object may send a written objection to the Registrar, Environment Court, Level 1, District Court Building, 282 Durham Street, Christchurch 8013, or by post to DX WX11113, Christchurch, 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 Heather Bryant, The Property Group Limited, 4 Akersten Street, Port Nelson, Nelson 7010. Postal Address: PO Box 1551, Nelson 7040. Telephone: (03) 546 3258.

Nelson Land District—Tasman District