Right of Way Easement Acquired for Soil Conservation and River Control Purposes Dartmoor Road, Hawke's Bay District 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 easement in gross described in the Second Schedule hereto, is acquired as a right of way easement over those parts of the land described in the First Schedule as are specified in the Second Schedule and shall vest in The Hawke's Bay Regional Council (called ``the grantee'') for the purposes of soil conservation and river control purposes on the date of publication in the New Zealand Gazette. Such easement may be surrendered at any time by notice published in the New Zealand Gazette. First Schedule Hawke's Bay Land District An estate in fee simple for 10.4691 hectares, being Lot 3, D.P. 18281 and Block 206, Puketapu Crown Grant District, Block II, Heretaunga District, comprised in certificate of title L3/1. Second Schedule Right of Way A right of way over all those pieces of land described as follows: Lot 3, D.P. 18281; marked ``A'' on S.O. 10468 (Part C.T. L3/1). Block 206, Puketapu Crown Grant District; marked ``B'' on S.O. 10468 (Part C.T. L3/1). Section 2, S.O. 10401; marked ``C'' on S.O. 10468. S.O. 10468 is held in the office of the Chief Surveyor at Napier. Additional Rights and Conditions Included in the Easement 1. The grantee shall restrict the use of the right of way to the provision of access for undertaking soil conservation and river control purposes, including shingle extraction from the Tutaekuri River. 2. The use of the right of way shall be restricted to the councils officers, workmen, agents or contractors of the grantee. 3. The grantee shall maintain or reconstruct the private way as is necessary. 4. The grantee is to take all reasonable steps necessary to minimise the dust and noise nuisance. 5. The grantee shall be responsible for all maintenance costs with respect to the right of way. 6. Except as modified herein the rights and powers set out in the Seventh Schedule of the Land Transfer Act 1952, shall apply. Dated at Napier this 4th day of October 1994. P. H. GRAHAM, District Solicitor. (DOSLI Na. D.O. 5350-C/7087-20)