Right of Way Easement Acquired at Rangitumau Wellington District Pursuant to section 20 (1) of the Public Works Act 1981, and to a delegation from the Minister of Lands, the Property Officer, Land Information New Zealand, Wellington, declares that, an agreement to that effect having been entered into, the easement described in the Third Schedule hereto, is acquired as an easement forever appurtenant to the land described in the Second Schedule over those parts of the land in the First Schedule as are specified in the Third Schedule. The easement shall vest in the Crown (``the grantee'') on the date of publication in the New Zealand Gazette for the purposes of access to the land described in the Second Schedule and may be surrendered by a further notice in the New Zealand Gazette. Wellington Land District First Schedule Servient Tenement 216.6079 hectares, more or less, being part Lot 2, D.P. 15572, being all of the land comprised in certificate of title 7A/714. Second Schedule Dominant Tenement 6575 square metres, being Section 1, S.O. 31724, being all of the land comprised in G.N. 277646.1. Third Schedule Right of Way Easement A right of way over those pieces of the land in the First Schedule described as follows: Part Lot 2, D.P. 15572; shown marked ``A'' on S.O. 37301. Part Lot 2, D.P. 15572; shown marked ``A'' on S.O. 37302. Part Lot 2, D.P. 15572; shown marked ``A'' on S.O. 37303. Part Lot 2, D.P. 15572; shown marked ``C'' on S.O. 37304. Part Lot 2, D.P. 15572; shown marked ``C'' on S.O. 37305. S.O. Plans 3730137305 inclusive, are held in the office of the Chief Surveyor at Wellington. Additional Rights and Conditions Included in the Easement 1. The grantee shall proceed quietly at all times along the access track so far as the circumstances including the type of plant and vehicle allow and shall cause as little disturbance to the grantor and any stock on the servient land as is reasonably possible. 2. The grantee shall only permit Telecom New Zealand Limited and its subsidiaries, employees, agents, workmen and successors to use the right of way and the grantee's rights may only be assigned to Telecom New Zealand Limited. 3. Only vehicles displaying the logo of Telecom New Zealand Limited or its subsidiaries or successors may use the access. 4. The grantee shall at its sole cost properly maintain and metal the said access track and keep the said access track and all culverts and water tables in a proper and serviceable condition for use by ordinary 2-wheeled drive light farm trucks. That part of the access track between James Road and the wool shed shall be maintained to a standard suitable for use by large stock trucks. As part of the maintenance requirements, at least once each year the grantee shall spray with suitable materials or grub up and generally eradicate all thistles and noxious weeds growing on the access track. 5. The grantee shall use the right of way only during the hours of daylight unless the grantor has received prior notice (in each case) of the intention to use the right of way during the hours of darkness. 6. The grantee is not permitted to take animals over the right of way. 7. The grantee shall give adequate prior notice to the grantor of any maintenance of the said access track or any significant activity on the dominant land resulting in increased usage of the said access track. 8. The grantee shall close all farm gates that have been opened to permit passage along the said access track. If the grantor requires any of the gates to be locked the grantee shall ensure that such gates are locked immediately after use. 9. The grantee shall indemnify the grantor from and against all loss, injury or damage whether to person, property or stock suffered by the grantor and resulting from the exercise by the grantee of the rights hereby granted and will further indemnify the grantor against all suits, claims and demands of whatsoever nature arising out of the grantees exercise of the said rights. 10. The grantor will not be liable for any loss or damage to the grantee arising from the use of the easement except where the grantor intentionally causes such loss or damage. 11. All differences and disputes which may arise between the parties relating to this agreement and the conditions herein that cannot be resolved by the parties shall be referred to arbitration in accordance with the Arbitration Act 1908, or any amendment or enactment thereof from time to time being in force. 12. If the grantee neglects or refuses to perform any obligation under the terms of the easement the following provisions shall apply: (i) The grantor may serve on the grantee a written notice (``a default notice'') requiring the grantee to perform such obligation and stating that, after the expiration of 14 days from service of the default notice the grantor may perform such obligation; (ii) If at the expiry of the default notice the grantee still neglects or refuses to perform the obligation the grantor may perform such obligation; (iii) The grantee shall be liable to pay to the grantor the costs of the default notice and the costs incurred in performing such obligation; (iv) The grantor may recover from the grantee as a liquidated debt any moneys payable pursuant to this clause together with interest thereon at 4 percent above the base lending rate (or equivalent rate) charged by the grantor's trading bank at the relevant time. 13. The rights and powers implied in easements of right of way pursuant to the Ninth Schedule to the Property Law Act 1952 and the Seventh Schedule to the Land Transfer Act 1952 shall apply to the easement referred to herein as modified by the conditions contained herein. Dated at Wellington this 5th day of February 1998. R. A. JOLLY, Property Officer. (LINZ Wn. D.O. 8225/12/T26/1)1CL