Land in Waikato District Acquired for Soil Conservation and River Control Purposes Subject to Easements Pursuant to sections 20 and 28 of the Public Works Act 1981, the Minister of Lands declares that, an agreement to that effect having been entered into, the land described in the First Schedule hereto, is hereby acquired for soil conservation and river control purposes and shall vest in The Waikato Regional Council (``the grantor'') on the date of publication hereof in the New Zealand Gazette, subject to the: (a) Rights of way easements in perpetuity described in the Second Schedule hereto, over the land described in the Third Schedule hereto and, further, that the right of way easement over: (i) Area ``E'' shall be held appurtenant to the land contained in certificate of title, Volume 713, folio 233, South Auckland Land Registry. (ii) Areas ``G'' and ``H'' shall be held appurtenant to the land contained in certificate of title, Volume 289, folio 276, South Auckland Land Registry. (iii) Areas ``J'', ``K'', ``L'' and ``M'' shall be held appurtenant to the land contained in certificate of title, Volume 470, folio 183, South Auckland Land Registry. (iv) Areas ``P'' and ``Q'' shall be held appurtenant to the land contained in certificate of title No. 8D/448, South Auckland Land Registry. (b) Right to convey ash and electricity easement (``the easement'') described in the Fourth Schedule hereto over the land described in the Fifth Schedule hereto, and to be held appurtenant to the land contained in certificate of title No. 61A/487, South Auckland Land Registry. First Schedule South Auckland Land District Area ha Being 17.1570 Section 1, S.O. 60377. 8.7880 Section 2, S.O. 60377. Second Schedule South Auckland Land District The rights and powers implied in and attaching to rights of way as set out in the Seventh Schedule of the Land Transfer Act 1952, under the heading ``Right of Way'' together with only those rights set out in clauses 2 (a) and 2 (b) of the Ninth Schedule of the Property Law Act 1952. Third Schedule South Auckland Land District Parts of Section 2, S.O. 60377; as shown marked ``E'', ``G'', ``H'', ``J'', ``K'', ``L'', ``M'', ``P'' and ``Q'' on S.O. Plan 60377, lodged in the office of the Chief Surveyor at Hamilton. Fourth Schedule South Auckland Land District (a) The full, free, uninterrupted, and unrestricted right, liberty, and privilege for the grantee and its assignees, successors in title and its tenants from time to time and at all times to take, convey, and lead ash in a free and unimpeded flow (except when the flow is halted for any reasonable period necessary for essential repairs) and in any quantity from the source of supply or point of entry, as the case may be, and following the stipulated course (where a course is stipulated) across the land over which the easement is granted or created, together with the additional following rights: (i) to use any line of pipes already laid on the stipulated course or any pipe or pipes in replacement or in substitution for all or any of those pipes; (ii) where no such line of pipes exists, to lay, place, and maintain, or to have laid, placed, or maintained, a line of pipes of a sufficient internal diameter and of suitable material for the purpose under or over the surface (as the parties decide) of the land over which the easement is granted or created and along the line defined for the purpose where such a line has been so defined; (iii) in order to construct or maintain the efficiency of any such pipe line, the full, free, uninterrupted and unrestricted right, liberty, and privilege for the grantee, its tenants, servants, agents and workmen, with any tools, implements, machinery, vehicles, or equipment of whatsoever nature necessary for the purpose, to enter upon the land over which the easement is granted or created (or, where only the position of the pipe line is defined in the easement, upon such part of the land of the grantor and by such route as is reasonable in the circumstances) and to remain there for any reasonable time for the purpose of laying, inspecting, cleansing, repairing, maintaining and renewing the pipe line or any part thereof and of opening up the soil of that land to such extent as may be necessary and reasonable in that regard, subject to the condition that as little disturbance as possible is caused to the surface of the land of the grantor and that the surface is restored to its original condition and any other damage done by reason of the aforesaid operations is repaired. (iv) the grantee shall bear all the costs of maintenance and repair of the easement unless damage to it is caused by the action or negligence of the grantor, its servants, agents, invitees, workmen or licensees and in those circumstances such damage shall forthwith be repaired and made good by or at the expense of the grantor. (b) An easement granting the grantee its assignees and successors in title, agents, servants, workmen, licensees or invitees the right to convey electricity and to pass and repass with or without implements and or machinery of any kind through the easement or any part thereof to inspect, maintain, repair, lay or renew or re-lay all or any cables or any new cables and/or the duct or any part thereof as required by the grantee. The grantee shall bear all the costs of maintenance and repair of the easement unless damage to it is caused by the action or negligence of the grantor, its servants, agents, invitees, workmen or licensees then such damage shall forthwith be repaired and made good by or at the expense of the grantor. Fifth Schedule South Auckland Land District Parts of Sections 1 and 2, S.O. 60377; as shown marked ``S'', ``A'', ``B'', ``C'', ``D'', ``E'', ``F'', ``G'', ``I'', ``J'', ``M'', ``N'', ``P'' and ``R'' on S.O. Plan 60377, lodged in the office of the Chief Surveyor at Hamilton. Dated at Hamilton this 11th day of June 1997. I. S. M. CAMPBELL, for Minister of Lands. (LINZ Hn. 8225-05-16)1CL