Acquiring an Easement Over Land in Whangarei District Pursuant to section 20 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 2472 square metres, being part Lot 4, D.P. 95454; shown marked ``G'' on S.O. Plan 66998, lodged in the office of the Chief Surveyor at Auckland. Second Schedule North Auckland Land District (Modification to Easement) Additional Terms and Conditions 1. Michael John Morresey of Whangarei, farmer and Glynn Shirley Morresey, his wife (hereinafter together with their heirs, successors 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 Maungatapere Irrigation Scheme. 2. The owners transfer and grant to the Crown as an easement in gross forever the right to convey water over the said land which right to convey water shall have attached to it the following rights, powers and obligations. 2.1 The Crown together with any person (as defined in section 4 of the Acts Interpretation Act 1924) acting with the authority, or on the instructions, of the Crown and together with all tools, implements, machinery, vehicles, equipment and materials of whatsoever nature shall have the uninterrupted and unresticted rights: (a) To convey water unimpeded along a course on the attached plan and referred to in the First Schedule herein. (b) The rights and powers set out in paragraphs 2 and 4 of the Seventh Schedule of the Land Transfer Act 1952 (but amended insofar as the rights and powers are not in common with the grantor) and including the rights to use, occupy, construct, maintain, reconstruct and carry out such works as the Crown considers necessary or desirable on or in the pipeline including structures and works for water flow control and supply, turnouts, monitoring and discharges. (c) To monitor and control its water flows and to carry out viewing, surveillance and monitoring of its pipeline and associated works on the land. (d) To enter the said land and to have access across the said land by the most practicable and reasonable route. (e) To erect and maintain such fixtures or markers as may be necessary to indicate the location of the pipeline and associated works provided that such fixtures or markers do not interfere with the reasonable management of the said land. (f) To generally do anything necessary or convenient for the full exercise of the rights under this agreement and to give full effect to the purposes of the agreement. 2.2 In exercising its rights and powers under the agreement, the Crown shall: (a) Cause as little disruption and disturbance to the occupation and enjoyment by the owner of the said land as is reasonably possible. (b) Cause as little damage to the said land and the surface of it as is reasonably possible. (c) Make good any damage cause by it during the exercise of its rights and powers under this agreement to any pasture, cultivation, crop or trees of any kind for the time being sown or growing or in the course of being harvested upon the owner's land or to any buildings, erections and fences on such land, or alternatively the Crown may at its option compensate the owner for any such damage. 2.3: (a) When the Crown requires entry with machinery on the owner's land to carry out construction, maintenance or renewal works, it shall where practicable, except when urgent work is required due to an emergency, give to the owners or occupiers of the land not less than 48 hours notice by ordinary letter or telephone prior to such works being undertaken. (b) If the owners or occupiers have received such notice the owners or occupiers shall notify the Crown, prior to the entry and work being undertaken, of the presence of pipes or other underground facilities in the said land and if the owners or occupiers fail to notify the Crown then the Crown will not be liable for any damage it may cause to such underground pipes or underground facilities. 2.4: (a) The boundaries of the easement shall not be fenced and the owners or occupiers of the land shall have the right to use the easement area with respect to which the easement applies but subject to the provisions of the agreement and the balance of this clause 2.4. (b) The owners shall not do, or permit to be done, anything including planting trees or constructing works or buildings which will prevent or interfere with the free passage of water along the stipulated course or prevent or interfere with the Crown's full rights of access to its pipeline or associated works and full use by it of its rights created by this agreement and shall not interfere with the support, structure or integrity of the Crown's pipeline or associated works or damage them. (c) If the owners or occupiers (including any person acting on the owner's instructions or behalf or at the owner's request or with the owner's consent or acquiescence) shall in any way damage the pipeline or associated works the liability of the owner in respect of such damage shall be as follows: (i) If the owners shall have previously obtained a written consent from the Crown authorising the owners to carry out any particular work within, or in proximity to, the easement area and in the course of carrying out such work in compliance with the conditions recorded in such consent, damage occurs, then the owner shall not be liable for the costs of and incidental to repairing such damage. (ii) If, prior to commencement of any work within, or in proximity to, the easement area, the owners fail to obtain such consent in writing from the Crown, or if having obtained such consent, the owners fail to comply with the terms and conditions of such consent and if the Crown's pipeline or associated works are damaged as a consequence of such work then the owners shall be liable for the first two thousand dollars ($2,000.00) only in 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 two thousand dollars ($2,000.00) to be borne by the owners as aforesaid shall be adjusted upwards automatically on an annual basis by relating the same to movements in the General Consumer Prices Index (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 two thousand dollars ($2,000.00). Such adjustments shall be made on the basis of movements in the C.P.I. for twelve (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 31 March 1989. Dated at Auckland this 23rd day of December 1994. G. A. DAWSON, Manager, Lands and Property. (DOSLI Ak. D.O. 25/32/17)1CL