Easement for Right of Way and Right to Drain Water Acquired Adjacent to State Highway 5 at Tarawera Pursuant to section 20 (1) of the Public Works Act 1981, and to a delegation from the Minister of Lands, the Regional Solicitor, Department of Survey and Land Information, Napier, declares that, agreements to that effect having been entered into, the easements described in the Second Schedule hereto are acquired as easement in gross over those parts of the land described in the First Schedule as are specified in the Second Schedule and shall vest in the Crown (hereinafter called ``the grantee'') for use in connection with a road (State Highway 5) on the dated of publication in the New Zealand Gazette. Such easement may be surrended at any time by notice published in the New Zealand Gazette. Hawke's Bay Land District First Schedule 1. An estate in fee simple for 3.9622 hectares, being Section 1, S.O. 10143 comprised in certificate of title P1/543. 2. An interest as licensee in 7588.4481 hectares, being Lot 1, D.P. 21637, part Lot 1 and Lot 2, D.P. 21753, Lot 1, D.P. 21875, Lot 1, D.P. 21937, Lots 1, 2, 3 and 4, D.P. 21993, Lot 1, D.P. 21994, Lots 1, 2, 3 and 4, D.P. 21995 and Lot 1, D.P. 22029 in Crown Forest Licence comprised in certificate of title P1/1402. Second Schedule Easements 1. Right to drain water The right to convey and drain water by both open and piped drains over those parts of the land shown marked ``A'' and ``B'' on S.O. 10647 in terms of the rights and powers contained in the Seventh Scheduled to the Land Transfer Act 1952 except as modified herein. (a) The grantee shall have the additional rights to: (i) Place fill on the land with battered contours not greater than 2/1 (ii) Install a pipeline outlet structure and rock rip rap on the land 2. Right of way A right of way over that part of the land marked ``C'' on S.O. 10647 in terms of the Seventh Schedule of the Land Transfer Act together with the right to construct and form the right of way to the standard required to the grantee. S.O. 10647 as held in the office of the Chief Surveyor at Napier. Conditions attaching to both easements: (a) The grantee shall take all lawfull and proper precautions for guarding against any emergency including fire or disease upon those parts of the land subject to the easement or any surrounding Crown Forest Land and in particular shall comply with the provisions relating to fire in the Forests and Rural Fires Act 1977 and all regulations, orders and notices made thereunder. (b) The registered proprietor or the licencee for the time being pursuant to section 14 of the Crown Forest Assets Act shall have the right to refuse access to those parts of the land subject to the easements or any surrounding land during any emergency (including but not limited to extreme danger from fire or a disease). (c) The grantee shall maintain the pipeline and outlet structure to a standard which will prevent the land from being flooded or eroded by the normal flow of water through the pipe and outlet structure. Dated at Napier this 15th day of January 1996. P. H. GRAHAM, Regional Solicitor. (DOSLI Na. 5350-C8066/16)1CL