23 Condition Explanation inspection and video of all existing built surfaces and defects including concrete accessways. 54 a. Upon receipt of a complaint of property damage suspected by the property owner to be caused from activities authorised by this consent, an appropriately qualified representative of the Consent Holder shall investigate and respond to the complaint within five business days or as soon thereafter as practicable unless the matter is considered urgent. b. If the property owner does not agree with advice from the Consent Holder’s representative the Consent Holder may, or if the cause of the damage is unclear the Consent Holder must, engage an appropriately qualified independent third party to investigate and report to both the property owner and Consent Holder. The Consent Holder shall request that report to be available in 30 days unless considered urgent by the independent third party in which case the report shall be made available as soon as practicable. If the property owner does not agree with the advice or the Consent Holder does not engage a third party then the property owner may contact the Hauraki District Council, and if the Hauraki District Council determines, after investigation, that a third-party investigation is warranted then the Consent Holder shall commission and meet the reasonable costs of that investigation. c. If the advice of the independent third party or the Consent Holder’s representative determines that the cause of the damage is attributable to the activities authorised by this consent, then the Consent Holder must remedy the damage at its cost as soon as practicable in accordance with any recommendation by the Consent Holder’s representative or by the third party and to the reasonable satisfaction of the property owner. d. If any dispute arises in accordance with this condition, then the matter shall be referred to arbitration in accordance with the provisions of the Arbitration Act 1996. An arbitrator shall be appointed by the President of the Institute of Professional Engineers in New Zealand. The arbitrator shall give their determination within 30 working days of their appointment, unless the Consent Holder and the property owner agree that time shall be extended. In all other respects, the provisions of the Arbitration Act 1996 shall apply. If the property owner chooses not to participate in the binding arbitration, then the Consent Holder’s obligations under this condition are at an end. This is the same protocol as applies to OGNZLs existing blasting activities in Waihi. Fencing
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