Land and a Right to Lay Cables, to Convey Electricity, and Restrictive Covenants in Gross Over Land Acquired for Defence Purposes in Waitakere City 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: (i) the land firstly described in the First Schedule hereto, and (ii) the cable easement in gross described in the Second Schedule hereto, over the land secondly described in the said First Schedule, are hereby acquired for defence purposes which shall vest in the Crown on the date of publication in the New Zealand Gazette. First Schedule North Auckland Land District Area m Being 2 Part Lot 5, D.P. 43122; marked ``A'' on plan. 5 Part Lot 5, D.P. 43122; marked ``E'' on plan. Shown marked as above mentioned on S.O. Plan 63747, lodged in the office of the Chief Surveyor at Auckland. Second Schedule Cable Easement in Gross 1. The Crown (``the grantee'') shall have all the rights and powers set forth in the first and fifth paragraph of the Seventh Schedule to the Land Transfer Act 1952, provided that all references to ``the right to convey water'' shall be read as the ``right to convey electricity'' and the references to ``pipes'' shall be read as ``conduits, cables or conducting media'', together with the right to: (a) erect and maintain such fixtures as may be necessary to indicate the location of the said cable or cables, and (b) to grant any licence or right in respect of any estate or interest conferred by these presents which are not inconsistent with the terms hereof and may assign any such estate or interest, and (c) to fully or partially surrender these presents (should the grantee at its sole discretion decide to do so), either by memorandum of transfer, or declaration published in the New Zealand Gazette, pursuant to section 42 (4) of the Public Works Act 1981, AND 2. THE registered proprietors for the time being of the land over which these present are herein created (together with their successors and assigns called ``the grantors'') have covenanted with the grantee that the grantors shall not: (a) disturb the soil hereof below a depth of 0.3 metres without the written consent of the grantee, provided that such consent shall not be unreasonably withheld, but may be given subject to reasonable conditions including the power to revoke such consent without compensation, and (b) shall not place any buildings, structures or permanent improvements of any nature on or over the said easement and will not at any time do, permit or suffer any act whereby the powers, rights, licences and liberties herein created for the benefit of the grantee may be interfered with or affected or damaged in any way, 3. AND THAT the grantee shall: (a) at all times repair and maintain the said cable and associated works as may be constructed or laid through, along or under the said land in pursuance of these presents in a good and efficient state of repair for the purpose for which the same are designed and will prevent the same from becoming a nuisance, 4. PROVIDED THAT: (a) the boundaries of the easement shall not be fenced, and (b) that nothing herein contained or implied shall be deemed to compel the grantee to utilise the said cable and the grantee may from time to time or at any time discontinue the use of the same at will, and (c) that all disputes and differences which may arise between the grantors and the grantee (``the parties'') concerning these presents shall be submitted to the arbitration of a single arbiter if the parties can agree upon one but otherwise to two arbiters (one to be appointed by each party hereto) and their umpire (who shall be appointed prior to their entering upon arbitration) such arbitration to be carried out in accordance with the provisions of the Arbitration Act 1908 or any subsisting statutory provisions relating to arbitration. Dated at Auckland this 15th day of February 1996. G. A. DAWSON, Manager, Lands and Property. (DOSLI Ak. R.O. 8/79/0)1CL