Pursuant to section 20 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ronald Alistair Jolly, Land Information New Zealand, declares that, an agreement to that effect having been entered into, the land described in the First Schedule to this notice is hereby acquired for education purposes, subject to the terms and conditions set out in the Second Schedule, and shall vest in the Crown on the date of publication of this notice in the New Zealand Gazette.
North Auckland Land Registry-North Shore City Council
First Schedule
1.5732 hectares, more or less, being Lot 16, Deposited Plan 317210. All Computer Register 67441.
4820 square metres, more or less, being Lot 12, Deposited Plan 317210. All Computer Register 67438.
Second Schedule
Terms and Conditions
The Crown acknowledges and agrees:
1. That it will not erect or place or permit to be erected or placed on the land any permanent building, office
or structure without first obtaining the approval of Neil Construction Limited to the plans and construction materials thereof (such approval not to be unreasonably withheld) provided that such approval shall not be withheld in the event that all buildings, offices or other structures to be erected on the land are of a good standard and aesthetic appearance with regard to design, construction materials and colour scheme and will not detract from other developments in the immediate vicinity.
2. That the exterior surfaces of any permanent building/s shall not be constructed of any corrugated or longrun galvanised iron or fibrocement, fibrolite or similar materials without first obtaining the approval of Neil Construction Limited and satisfying Neil Construction Limited that their use and finished colour will not detract from other developments in the immediate vicinity.
3. That it will not erect or place or permit to be erected or placed on the land any relocatable building/s which are visible to motorists or pedestrians from Antares Place or Ceres Court.
4. That if the Crown shall resell or agree to resell, assign or otherwise dispose of the interest in the land, then
it will obtain from the new purchaser a deed of covenant to be prepared to the satisfaction of Neil Construction Limited's solicitor at the cost of the purchaser in which such new purchaser or assignee shall covenant to fulfil, observe and perform all
the covenants included in this condition and to require a deed of covenant from any further sub-purchaser
or assignee. Any such covenant shall expire on
31 December 2020.
5. Any difference or dispute between the parties relating to conditions of this covenant shall be submitted
to arbitration by a single arbitrator to be agreed to between the parties. Where a single arbitrator has not been agreed to between the parties within 14 days of either party notifying the other party by written notice that a dispute or difference exists, such arbitrator shall be appointed by the president for the time being of
the New Zealand Institute of Architects (provided
that the arbitrator shall be a person who has experience in the building industry). The decision of the arbitrator shall be final and binding on the parties.
Dated at Wellington this 20th day of May 2004.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2003/9232: WN01130)