Acquiring an Easement Over Land in Far North District Pursuant to section 20 (1) of the Public Works Act 1981, and to a delegation from the Minister of Lands, the Manager, Lands and Property, Department of Survey and Land Information, Auckland, declares that, an agreement to that effect having been entered into, a right to convey water over the land described in the First Schedule, containing the rights and powers contained in the second and fifth paragraphs of the Seventh Schedule of the Land Transfer Act 1952, as modified by the additional terms and conditions described in the Second Schedule hereto is acquired for irrigation purposes and shall vest in the Crown on the date of publication in the New Zealand Gazette. First Schedule North Auckland Land District 3027 square metres, being part Section 38, Block IV, Omapere Survey District; shown marked ``A'' on S.O. Plan 56393, lodged in the office of the Chief Surveyor at Auckland Second Schedule North Auckland Land District Modifications to Easement 1. R. G. Gillett and Company Limited of Waipapa, (hereinafter, together with its executors or administrators and assigns, called ``the owners'') are the grantors and Her Majesty the Queen (hereinafter, together with her heirs, successors, officers and assigns, called ``the Crown'') is the grantee of the easement herein acquired for the purposes of the Kerikeri Irrigation Scheme. 2. The Crown hereby agrees that if the water supply pipeline is no longer required for the purposes of the Kerikeri Irrigation Scheme, such determination to be made at the sole discretion of the Crown, the Crown will at the request of the owners release the owners from these presents and discharge any compensation certificate or extinguish any easement registered against the owners' certificate of title provided that no compensation will be payable to the Crown or the owner. 3. The water supply pipeline shall be placed along the line marked ``A'' on S.O. Plan 56393 and the easement shall apply to the land 2.5 metres either side of the pipeline. 4. The boundaries of the easement shall not be fenced and the owner or occupier of the land shall have the right to use the same (except for such use as may be reasonably held to interfere with the enjoyment of the Crown and its assigns as owner of the pipeline hereunder) but shall not erect any building construction or fence or plant any trees or shrub on the easement strip, disturb the soil of the easement strip below a depth of 300 mm from the surface, or do anything which would or could damage or endanger the pipeline without the consent of the Crown or its assigns being first obtained in writing. Any such consent shall not be unreasonably withheld. 5. The Crown shall have the right of entry after giving reasonable notice where practicable upon the easement land at any time with or without engineers and workmen and with or without any necessary vehicles, implements, tools, pipes and materials of any kind for the purpose of laying, maintaining, repairing, inspecting and from time to time renewing and opening up the land within the easement area as may be necessary for those purposes. 6. When the pipeline is above or below the surface of the ground it shall be placed so as to interfere as little as possible with ordinary cultivation as aforesaid of the said land and in so doing or in laying, maintaining, repairing, inspecting or renewing or removing the pipeline as little damage as possible shall be caused to the said land. Any such damage caused shall be made good by the Crown and the land shall be restored as near as reasonably practicable to the condition existing before entry or alternatively the Crown may at its option compensate the owner for any damage. 7. Liability of Owner in Respect of Damage to Pipeline If the owner, his servants, contractors, agents, invitees or workmen shall in any way damage the pipeline the liability of the owner in respect of such damage shall be as follows: (a) If the owner shall have obtained a permit (either in writing or in such other manner as the Crown may from time to time in its absolute discretion determine) from the Crown authorising him to carry out any particular work on the pipeline easement and in the course of carrying out such work in compliance with the conditions set forth in such permit such damage shall occur then the owner shall not be liable for the costs of an incidental to the repairing of such damage. (b) If prior to commencement of any work on the pipeline easement the owner shall fail to obtain a permit in writing from the Crown and if having obtained such permit as aforesaid fails to comply with the terms and conditions set forth therein or otherwise imposed by the Crown in respect thereof and if such damage shall occur during the course of such work then the owner shall be liable for the first one thousand dollars ($1,000.00) only on the cost of making good such damage and incidental loss which may have been suffered by the Crown provided that the aforesaid limitation of liability to one thousand dollars ($1,000.00) to be borne by the owner as aforesaid shall be adjusted upwards automatically on an annual basis by relating the same to movements in the General Consumer Prices Index (ACP Groups) (C.P.I.) for New Zealand published from time to time by the New Zealand Department of Statistics to establish at any given time in the future the then value of the aforesaid sum of one thousand dollars ($1,000.00). Such adjustments shall be made on the basis of movements in the C.P.I. for 12 month periods ending on the 31st day of March in each and every year the first such adjustment to be made for the year ending 31st day of March 1983. 8. The Crown shall have the right to erect and maintain such fixtures or markers as may be necessary to indicate the location of the pipeline. Dated at Auckland this 29th day of November 1994. G. A. DAWSON, Manager, Lands and Property. (DOSLI Ak. D.O. 52/12/52/0/21)1CL