Pursuant to section 119(1) of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Ronald Alistair Jolly, Land Information New Zealand, declares the land described in the First Schedule to this notice to be taken as severance and shall remain vested
in the Crown on the date of publication hereof in the
New Zealand Gazette and, pursuant to section 236, declares the land described in the Second Schedule to this notice ("the Development Restriction Area") to be subject to the following restrictions:
(a) No person shall develop, erect or permit to be erected any building or structure or carry out any earthworks on the Development Restriction Area otherwise than in accordance with the recommendations of a registered engineer experienced in soil mechanics, and any such development, building, or structure or earthworks must only be undertaken subject to specific geotechnical design to mitigate against risk of slope instability and the presence of fill.
(b) Any development, or any building or structure erected, or any earthworks carried out on the Development Restriction 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 Development Restriction Area.
(c) The covenants contained herein shall be enforceable only against the owners and occupiers from time to time of the land.
(d) 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;
(i) 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
(ii) 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.
North Auckland Land District North Shore City
First Schedule
Severance
Area
m2 Description
4595 Part Lot 8 DP 121676; shown as Section 9 on SO 395477 (part Computer Freehold Register NA93D/933).
Second Schedule
Development Restriction Area
Area
m2 Description
1900 Part Lot 8 DP 121676; marked "Covenant D" on SO 412641 (part Computer Freehold Register NA93D/933).
Dated at Wellington this 23rd day of December 2009.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/1999/3609)