Pursuant to section 236 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Stephen Robert Gilbert, Land Information New Zealand, declares the land described in the Schedule to this notice ("the fill area") to be subject to the following restrictions:
(i) No person shall erect or permit to be erected any building or structure or carry out any earthworks
on the fill area otherwise than in accordance
with the recommendations of a registered engineer experienced in soil mechanics.
(ii) Any building or structure erected or any earthworks carried out on the fill area shall be erected or carried out at the sole risk of the owner and the owner shall have no recourse to the Crown in respect of the fill area.
(iii) The owner will not erect any building or structure or carry out any earthworks on the fill area in a manner that will adversely affect the structural integrity of the motorway and will not object to any application by the Crown seeking building or resource consents required in respect of the use and operation of the motorway for any reason relating to the effects of such works or operation on any building or structure erected on the fill area.
(iv) The covenants contained herein shall be enforceable only against the owners and occupiers from time to time of the land.
(v) In the event of any dispute arising between the parties in respect of or in connection with this building restriction, the parties shall, without prejudice to any other right or entitlement they may have under this agreement or otherwise:
1. Explore whether the dispute can be resolved
by use of the alternative dispute resolution technique of mediation. The rules governing such techniques shall be agreed between the parties or as recommended by the New Zealand Law Society or as selected by the Chairman of the New Zealand Chapter of LEADR (Lawyers Engaged in Alternative Dispute Resolution); and
2. In the event the dispute is not resolved without 28 days of written notice by one party to the other of the dispute (or such further period agreed in writing between the parties), either party may refer the dispute to arbitration under the provisions of the Arbitration Act 1996 or any amendment or re-enactment of it. The arbitrator shall be agreed between the parties within
10 days of written notice of the referral by the referring party to the other or failing agreement appointed by the President of the New Zealand Law Society. In either case, the arbitrator shall not be a person who has participated in any informal dispute resolution procedure in respect of the dispute.
(vi) Before any building or structure is erected or any earthworks are carried out on the fill area, the owner shall submit plans and specifications in respect
of same in commercial confidence to Transit
New Zealand for its approval, such approval not to be unreasonably or arbitrarily withheld where:
1. The plans and specifications specifically address and accommodate any particular engineering requirements for the land; and
2. The proposed building or structure will be erected and any proposed earthworks will be carried out on the fill area in line with the recommendations of a registered engineer experienced in soil mechanics; and
3. Transit New Zealand is reasonably satisfied such building or structure or such earthworks will not create any hazard to the motorway or adversely affect the structural integrity of the motorway.
The Crown shall cause Transit New Zealand to provide its approval, or reasons for its disapproval, of the plans and specifications for the proposed building or structure or the proposed earthworks on the fill area within two weeks of receipt of the foregoing from the owner, or such longer time as the parties may agree.
North Auckland Land District-North Shore City
Schedule
Part Section 1, S.O. 70450; marked "A" on D.P. 310774 (part C.T. 134D/547).
Part Section 2, S.O. 70450; marked "B" on D.P. 310774 (part C.T. 134D/550).
Dated at Christchurch this 27th day of August 2002.
S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/98/897 and 98/898)