Rodney District
Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, R. J. Sutherland, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, a stormwater easement in gross is acquired over the land of the Crown ("the grantor") described in the First Schedule to this notice upon the terms and conditions described in the Second Schedule ("the easement land") to this notice vesting in the Rodney District Council ("the grantee") on the date of publication in the New Zealand Gazette.
North Auckland Land District-Rodney District
First Schedule
Easement to be Acquired
Area
m2 Over
201 Part Lot 11, D.P. 64650 (part Gazette Notice
B. 708260.2); marked "B" on S.O. Plan 308950.
Second Schedule
The rights and powers listed hereunder shall be in addition to the rights and powers set out in the Seventh Schedule of the Land Transfer Act 1952:
(a) Except with the written consent of the grantor
and then only in accordance with such terms and conditions as it may impose in respect of such consent, the grantee shall not nor will plant or cause or allow to be planted any trees or shrubs on those portions of the easement land nor will erect nor place thereon nor cause nor allow to be erected or placed thereon any buildings, concrete work or other erections or fences nor at any times hereafter to permit or suffer any act whereby the rights, powers, licences and liberties hereby granted to the grantor may be interfered with or affected.
(b) All disputes and differences between the grantee and the grantor shall be submitted to the arbitration of a single arbitrator if one can be agreed upon or if they can not so agree then to the arbitration of two arbitrators (one to be appointed by the grantor and one by the grantee) and their umpire (appointed by them prior to their arbitration), such arbitration to be carried out in accordance with the provisions
of the Arbitration Act 1996 or any Act substituted thereunder.
Dated at Auckland this 10th day of December 2002.
R. J. SUTHERLAND, for the Minister for Land Information.
(LINZ CPC/1999/3653)