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 First Schedule ("the land") to be subject to the following restrictions:
(a) No person shall, develop or permit to be developed, erect or permit to be erected any building or structure or carry out or permit to be carried out any earthworks on that part of the land described in the Second Schedule.
(b) The covenants contained herein shall be enforceable only against the owners and occupiers from time to time of the land.
(c) 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
on the date of publication hereof in the New Zealand Gazette.
North Auckland Land District-Auckland City
First Schedule
The Land
Area
m2 Description
4232
Sections 3, 5, 8, 10 and 11 SO 374158 and Section 35 SO 371572 (Computer Freehold Register 523389).
Second Schedule
Building Restriction Area
Those parts of the land marked "A", "B", "C", "D" and "E" on SO 429016.
Dated at Christchurch this 22nd day of April 2010.
S. R. GILBERT, for the Minister for Land Information.
(LINZ CPC/2008/12934)