Declaring Land and Easement Over Land to be Acquired for Reserve Purposes Matai Moana, Dannevirke District Pursuant to section 20 (1) of the Public Works Act 1981, and to a delegation from the Minister of Lands, the Crown Property Officer, Land Information New Zealand, Napier, declares an agreement to that effect having been entered into: 1. Subject to the provisions of the Sixth Schedule, the land in the First Schedule is acquired for reserve purposes and shall vest in the Crown on the date of publication hereto in the New Zealand Gazette: (a) The covenants described in the Second Schedule. (b) The reserved easements described in the Third and Fourth Schedules. 2. Subject to the provisions of the Sixth Schedule an easement for a vehicular right of way is acquired for reserve purposes and shall vest in the Crown on the date of publication hereto in the New Zealand Gazette (and may be surrendered at any time by notice in the New Zealand Gazette) over the land described in the Fifth Schedule, to be forever appurtenant to the land first described in the First Schedule (now known as Section 1, S.O. 10657), such right to be on the terms described in the Fifth Schedule. First Schedule Hawke's Bay Land District (Land Acquired) All those pieces of land described as follows: Area ha Being 4.4500 Part Lot 4, D.P.P. 411; marked ``A'' on S.O. Plan 10657. m 9800 Parts Rural Sections 31 and 32, Eparaima Bush; marked ``B'' on S.O. Plan 10657. ha 4.3000 Part Lot 1, D.P. 2454; marked ``C'' on S.O. Plan 10657. m 2676 Part Rural Section 19, Eparaima Bush; marked ``D'' on S.O. Plan 10657. All situated in Block XVI, Motuotaraia Survey District. ha1 36.5188 Part Lot 1, D.P. 2268; marked ``A'' on S.O. 10654, situated in Blocks XI, XII, XVI, Motuotaraia Survey District. m 4093 Part Lot 1, D.D.P. 411; marked ``B'' on S.O. Plan 10654, situated in Block XI, Motuotaraia Survey District. As shown on the above plans lodged in the office of the Chief Surveyor at Napier. Second Schedule Covenant as to Access The Crown covenants in respect of the land described first to fourth inclusive in the First Schedule (called the restricted land) with the registered proprietors of the land described below (called the land to benefit) forever for the benefit of that land to ensure that the public has no right of access to the restricted land provided always that the said registered proprietors, their employees and invitees may enter onto the restricted land. Land to Benefit All those pieces of land described as follows: Area ha Being 254.7414 Part Blocks 39 and 41, Porangahau CGD, and being Lots 1 and 4, D.D.P. 411; balance C.T. 47/257. 1.0434 Parts Sections 31 and 32, Eparaima Bush; balance C.T. 47/258. 7.2848 Part Rural Section 19, Eparaima Bush; balance C.T. G1/1464. 1.3241 Balance D.P. 2454; balance C.T. G1/1465. 441.2276 Part Lot 1 and Lot 6, D.P. 2268; balance C.T. G1/1466. 8.8423 Lot 2, D.P. 700; all C.T. 111/167. Covenant as to Fencing The Crown covenants in respect of the land described in the First Schedule (called the reserve land) with the registered proprietors of the land to benefit that: (a) The said registered proprietors shall not be liable to pay or contribute towards the expense of erecting any fence along the boundary of the reserve land and any contiguous Land to Benefit and any existing internal fences within the reserve land. (b) The Crown shall maintain any fence already or subsequently erected along such boundary to a good stock proof standard. (c) The Crown shall not be liable for any replacement or repair to any fence which may become necessary through any omission, neglect or default on the part of the said registered proprietors of the land to benefit or their employees, invitees or persons for whom they are responsible in which case the said registered proprietors of the land to benefit shall bear the whole costs of such replacement or repair. Third Schedule Easement to Convey Water The registered proprietors for the time being and from time to time of the land to benefit described in the Second Schedule reserve to themselves and their successors (called the owner), the perpetual and exclusive right to convey water by means of pipes either above or below ground through that part of Section 3, S.O. 10657; marked ``Y'' on S.O. 10657 and through Section 1 and Section 2, S.O. 10654; marked ``A'' and ``B'' on S.O. 10654 (called the water servient land), to the intent that this reserved right shall be forever appurtenant to the land described as land to benefit in the Second Schedule, on the following terms: (a) The owner may enter the water servient land at any time to install, replace, repair, maintain or renew any pipe equipment, dam or work associated with this right including the installation of pumps, tanks and associated apparatus and equipment for the conveyance of electric power which may be required for the same. (b) The owner shall be responsible for all installation, maintenance, repair and operating costs; except for repair costs as a result of damage caused by the acts or omissions of the Crown. (c) The Crown has no right to share the within right. Fourth Schedule Easement to Convey Electric Power The owners described in the Third Schedule reserve the perpetual right to convey electricity through lines either above or below ground through that part of Section 3, S.O. 10657; marked ``Z'' on S.O. 10657 (called the power servient land) to the intent that this reserved right shall be forever appurtenant to the land described as the land to benefit in the Second Schedule on the following terms: (a) The owner may enter the power servient land at any time to install, replace, repair, maintain or renew any line, pole or equipment associated with this right. (b) The owner shall be responsible for all installation, maintenance, repair and operating costs; except for repair costs resulting from damage caused directly by acts or omissions of the Crown. (c) The Crown has no right to share the within right. Fifth Schedule Right of Way Land Affected All that piece of land being part Lot 4, D.D.P. 411; balance C.T. 47/257; marked ``X'' on S.O. Plan 10657 (called the road servient land). Terms (a) The Crown shall give at least 48 hours prior written notice to the owner of the road servient land of the intention to use the right of way. (b) The Crown shall be responsible for all costs in forming, and maintaining the right of way. It is recorded that the parties have agreed that the present unformed lane on the road servient land provides adequate access and that there is no requirement on the Crown to upgrade it beyond the condition as at the date of this declaration. Sixth Schedule Right of Option It is recorded that the Crown has agreed with the registered proprietors of the land to benefit as described in the Second Schedule for the benefit of their successors and assigns forever that if the Crown should desire for any reason to dispose of its interest or any part of its interest in the land acquired as described in the First Schedule or should the Crown materially breach its covenants contained herein, or should the nature of the land acquired change significantly or materially, then in such case or cases, the Crown shall by registered mail offer the land acquired, for sale to the registered proprietors of the land to benefit for the consideration of $1.00 and the registered proprietors of the land to benefit shall have a period of 21 days after receipt of the Crown's offer to accept such offer and if accepted by the registered proprietors of the land to benefit the Crown shall immediately transfer the land acquired to the owners and the covenants contained herein in favour of the Crown shall be extinguished and both parties shall use their best endeavours to satisfy all requirements which may be required to give full effect to this provision. Dated at Napier this 30th day of September 1996. IAN GORDON BATES, Crown Property Officer. (LINZ Na. D.O. 5350-C/2000-15)1CL