Land and Easements Acquired for Water Reticulation Purposes in Western Bay of Plenty District Pursuant to section 20 of the Public Works Act 1981, the Minister of Lands declares that an agreement between Virginia Fiona Mutton, married woman, Geoffrey Miles Mutton, farmer, and John Peter Jensen, farmer, all of Te Puke (hereinafter called ``the grantors'') and The Western Bay of Plenty District Council (hereinafter called ``the grantee'') to that effect having been entered into, the land described in the First Schedule hereto is hereby acquired for water reticulation purposes; the rights of way easements in perpetuity described in the Second Schedule hereto, are hereby acquired in connection with water reticulation purposes over the land described in the Third Schedule hereto; and the rights to convey water by easements in perpetuity described in the Fourth Schedule hereto, are hereby acquired in connection with water reticulation purposes over the land described in the Fifth Schedule hereto; and further declares that the said land and easements shall vest in The Western Bay of Plenty District Council on the date of publication hereof in the New Zealand Gazette. First Schedule South Auckland Land District Land Acquired for Water Reticulation Purposes Area m Being 1255 Part Section 2, Block VI, Maketu Survey District; marked ``A'' on plan. 1792 Part Section 3, Block VI, Maketu Survey District; marked ``B'' on plan. As shown marked as above mentioned on S.O. Plan 60159, lodged in the office of the Chief Surveyor at Hamilton. Second Schedule Description of Rights of Way Easements 1. The grantee shall not be required or empowered to fence the boundaries of the rights of way. 2. The grantors may fence across the rights of way but in so doing shall erect within such fence a farm gate which will permit the passage of vehicles along the said rights of way. 3. The use of the rights of way by the grantee shall be restricted to vehicles and personnel under the control and direction of the grantee. 4. The grantee shall ensure that all farm gates that have been erected to permit passage along the said rights of way are closed and latched after each passage of a vehicle belonging to the grantee or under the direction and control of the grantee. 5. Maintenance of the rights of way including any gates supplied by the grantors to a standard sufficient for the purposes of the grantee will be the sole responsibility of the grantee. 6. Should the rights of way interfere with any change of farming practice introduced by the grantors the grantee will co-operate in all reasonable ways with the grantors to alleviate the effects of the interference. 7. Except as varied herein the rights and powers contained in the Seventh Schedule of the Land Transfer Act 1952, shall apply. Third Schedule South Auckland Land District Land Over Which Rights of Way Easements are Acquired All those pieces of land, being parts of Sections 2 and 3, Block VI, Maketu Survey District; as shown marked ``D'', ``F'', ``H'', ``G'', ``C'', ``E'', ``I'' and ``J'' on S.O. Plan 60159, lodged in the office of the Chief Surveyor at Hamilton. Fourth Schedule Description of Rights to Convey Water Easements 1. Except as varied herein the rights and powers implied in and attaching to the right to convey water as set out in the Seventh Schedule of the Land Transfer Act 1952, shall apply as if the same were fully set out herein. 2. The grantee during the continuation of these rights will keep the pipelines in proper order and condition. 3. The grantors shall not prevent or interfere with the free passage of water through the pipelines. Accordingly the grantors will not erect or permit to be erected any buildings or structure or plant or permit the planting of shrubs or the erection of fences within the easement areas without firstly obtaining the written consent of the grantee. 4. If the grantee no longer requires the pipelines then it shall as its expense surrender these rights. In that event it may at its option remove the pipelines or any part and make good any damage resulting from such removal but should the grantee not remove the pipelines within a reasonable time then it shall become the property of the grantors. 5. The grantee shall indemnify the grantors against any claim made against the grantor in respect of any damage resulting from the grant or exercise of the within rights except where such damage results from a negligent or wilful act or omission of the grantors. 6. The grantee shall consult with the grantors concerning any major works required to be carried out along the easement areas and will, where possible, carry out such work at a time and in a manner so as to cause as little disruption as possible to the grantors' farming operations. Fifth Schedule South Auckland Land District Land Over Which Rights to Convey Water Easements are Acquired All those pieces of land being parts of Sections 2 and 3, Block VI, Maketu Survey District; as shown marked ``K'', ``M'', ``N'', ``G'', ``J'', and ``L'' on S.O. Plan 60159, lodged in the office of the Chief Surveyor at Hamilton. Dated at Hamilton this 26th day of November 1996. R. H. AUBREY, for Minister of Lands. (LINZ Hn. 98/10/0/113)1CL