Right of Way Easement for Public Access Set Apart at Mount Taraponui in Hawke's Bay Pursuant to section 52 of the Public Works Act 1981, and to a delegation from the Minister of Lands, the District Solicitor, Department of Survey and Land Information, Napier, declares the easement over the land described in the First Schedule to be set apart as an easement in gross for Her Majesty the Queen, acting through the Minister of Conservation, for the purposes of the Conservation Act 1987. Hawke's Bay Land District First Schedule Area ha Being 2.7759 Section 1, S.O. 6909. Gazette notice 337216.1. 7.2404 Section 2, S.O. 6909. Gazette notice 337216.1. Second Schedule Right of Way Easement The full free uninterrupted and unrestricted right for officers and employees of the Department of Conservation by vehicle and on foot and for the public on foot to pass over the land described in the First Schedule. Terms and Conditions (a) The use of the said land for the right of way may be restricted by the registered proprietor to formed access tracks which shall be marked by poles or signs erected by the Department of Conservation at the department's expense and in accordance with the owners directions. (b) The right of way or any part thereof may be closed from time to time: (i) By agreement between the owner of the land in the First Schedule and the Minister of Conservation. (ii) For the purposes of construction or maintenance of structures or buildings on the land by the owner of the land giving to the Minister of Conservation five (5) days prior notice in writing provided that no notice shall be required in the case of an emergency. In the case of an emergency the owner shall notify the Minister of Conservation as soon as reasonably practicable. (c) Unless properly authorised by the Minister of Conservation after consultation with the owner of the land in the First Schedule no persons shall carry any firearm on or within 100 metres of the right of way or take or have in their charge for hunting purposes any dog on the right of way. (d) No person shall: (i) Enter or remain on the right of way or any part of the right of way that is for the time being closed. (ii) Discharge or shoot any firearm across or on or within 100 metres of the right of way. (iii) Wilfully damage or remove any crop, pasture, tree or plant (other than a plant that is a noxious plant in the district or area within which the right of way is situated) growing on or adjacent to the right of way. (iv) Lay any poison or set any snare or trap on or adjacent to the right or way. (v) Wilfully damage or interfere with any pole, marker, indicator, stile, fence, gate, bridge, shelter, notice or other amenity on or adjacent to the right of way or entrance to the right of way. (vi) Wilfully damage the right of way or any of the adjoining lands or any structure or any plant situated thereon. (vii) Wilfully interfere with or disturb or damage any livestock being pastured on or adjacent to the right of way. (viii) Wilfully endanger, disturb or annoy any user of the right of way. (e) Subject to the proceeding clauses neither party shall do anything that prevents or interferes with the free passage by foot over and along the right of way or interferes with the use of the land by the owner or occupier. (f) Except as varied herein the rights and powers contained in the Seventh Schedule of the Land Transfer Act 1954 and the Ninth Schedule of the Property Law Act 1952, shall apply. (g) Any dispute or difference which may arise as to the liability of either the owner of the land subject to the easement or the Minister of Conservation or the construction or interpretation of the grants herein shall be determined by arbitration in accordance with the provisions of the Arbitration Act 1908 or any Act passed in substitution or amendment and this clause shall be deemed to be a submission within the meaning of the Act. Dated at Napier this 18th day of October 1993. P. H. GRAHAM, District Solicitor. (DOSLI Na. D.O. 27/15)1CL