Electricity and Right of Way Easements Acquired at Awamate Road, Northern Hawke's Bay Pursuant to section 20 (1) 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 that, an agreement to that effect having been entered into, the easements described in the Third Schedule are hereby acquired as easements appurtenant to the land described in the Second Schedule over those parts of the land described in the First Schedule are specified in the Third Schedule and shall vest in the Crown (called the grantee) for the purposes of access to and utilisation of the land described in the Second Schedule on the date of publication in the New Zealand Gazette. Such easements may be surrendered at any time by notice published in the New Zealand Gazette. Hawke's Bay Land District First Schedule An estate in fee simple in 311.1271 hectares, being part Lot 4, Deposited Plan 8980, comprised in certificate of title A3/868. Second Schedule 761 square metres, part Lot 4, Deposited Plan 8980; shown marked ``A'' on S.O. 6885 and being all of the land in Gazette notice 325522.1. Third Schedule Easements 1. The right to convey electricity by a line or lines over those parts of the first land marked ``K'', ``L'', ``B'', ``M'', ``D'', ``N'', ``F'', ``O'', ``H'', ``I'' and ``J'' on L.T. 23603 (the electricity easement line). 2. A right of way to pass at any time by vehicle or on foot over those parts of the first land marked ``A'', ``B'', ``C'', ``D'', ``E'', ``F'', ``G'', ``H'' and ``I'' on the plan annexed hereto. Additional Rights (a) To lay or maintain an overhead or underground line or lines as hereinafter defined along the electricity easement line. (b) To use any existing line or lines already made or erected on the electricity easement line and any existing formed right of way. (c) In order to construct or maintain the efficiency of the aforesaid line or lines and right of way the full, free, uninterrupted and unrestricted right for the grantee, its servants, agents, workmen and invitees with any tools, implements, machinery or equipment of whatsoever nature necessary for the purpose to enter upon and pass and repass by vehicle or on foot over the first land and to remain there for any reasonable time for the purpose of laying, inspecting, cleaning, repairing, maintaining and renewing the line or lines and right of way and of opening the soil of that land to such extent as may be necessary and reasonable in that regard subject to the condition that as little disturbance as possible is caused to the surface of the land and that the surface is restored as nearly as possible to its former condition and any other damage done by reason of the aforesaid operation is repaired. Conditions of Easement (a) The grantee will repair and make good all damage to fences, gates and erections upon the first land directly caused by the grantee exercising its right under the easements. (b) The registered proprietor of the first land (the grantor) will not without written permission of the grantee: i. Grant or permit to be grown any trees, shrubs or bushes of any description which will interfere with the rights granted herein. ii. Erect or permit any improvements or fences on the first land which will interfere with the rights granted herein and will not at any time hereafter do, permit or suffer any act whereby the full and free use and enjoyment by the grantee of the easement rights set out herein are interfered with or affected. (c) The grantor shall not be liable for any damage which may be caused to the line or lines by stock or which may be caused otherwise than through the wilful act or default of the grantor or the grantors servants, agents and invitees. If the first land is transferred or subdivided the grantor will give written notice to the grantee of the name and address of the persons to become or are to become the registered proprietors of the servient land already part thereof. (e) Neither the grantor nor the grantee shall be required to maintain the right of way but either may at their own expense maintain or improve the right of way to a standard sufficient for their own purposes. Definitions ``Line or lines'' means a wire or wires a cable or conductor of any other kind used or intended to be used for the transmission of electricity and includes any pole, tower, mast, insulated casing, transformer fixture (major or minor), tunnel or other equipment or material used or intended to be used for supporting, enclosing, surrounding or protecting any such wire, wires, conductor or cable and also includes any part of a line and includes existing lines. Dated at Napier this 18th day of May 1994. P. H. GRAHAM, District Solicitor. (DOSLI Na. D.O. 5350-C2040-05)1CL