Acquiring Easements Over Land at Hilltop for Telecommunications, Access and Electricity Purposes Pursuant to sections 20 (1) and 28 of the Public Works Act 1981, and to a delegation from the Minister of Lands, the Manager, Crown Property Services, Land Information New Zealand, Christchurch, declares that agreements having been entered into, that the easements in gross described in the First Schedule, shall vest in the Crown in perpetuity on the date of publication of this declaration in the New Zealand Gazette, subject to the terms and conditions set out in the Second Schedule. First Schedule Canterbury Land District Banks Peninsula District Nature Area Being Marked Telecommunication purposes 5935 m Part Lot 5, DP 4902, part CT 16K/1154 `A' Telecommunication purposes 220 m Part RS 35374, part CT 21F/419 `B' Right of way 33 m Part Lot 5, DP 4902, part CT 16K/1154 `E' Right of way 7476 m Part Lots 4 & 5, DP 4902, part CT 16K/1154 `F' Right of way 1.1545 ha Part RS's 11546 & 11547, part CT 378/195 Ltd `G' Right of way 74 m Part RS 11546, part CT 378/195 Ltd `H' Right to convey electric power centreline Part Lot 5, DP 4902, part CT 16K/1154 `J-K' & `K-L' Right to convey electric power centreline Part RS 35374, part CT 21F/419 `L-M' Right to convey electric power centreline Part RS 25399, part CT 21F/420 `M-N' Right to convey electric power centreline Part RS's 22791 & 23203, part CT 21F/421 `N-O' Right to convey electric power centreline Part RS 11546, part CT 378/195 Ltd `P-Y' & `Y-Q' & `R-S' & `T-U' & `W-X' Right to convey electric power centreline Part RS 11546 X, part CT 19B/908 `Q-R' & `S-T' & `U-V' Telecommunication purposes centreline Part Lot 5, DP 4902, part CT 16K/1154 `C-D' As shown marked as above mentioned on the above-mentioned S.O. Plan 19509, lodged in the office of the Chief Surveyor at Christchurch. Second Schedule 1. (a) The full, free right of the Crown to acquire right of way easements conferring the rights contained in the Seventh Schedule of the Land Transfer Act 1952, and including the full, free, uninterrupted and unrestricted right, liberty and privilege for the Crown and its successors, invitees, agents and servants to enter on or over those parts of the land in the First Schedule marked `E', `F', `G' and `H' on S.O. Plan 19509, together with or without vehicles by day or by night for the purpose of obtaining access to those parts of the land marked `A' and `B' on S.O. Plan 19509 provided that: (b) The Crown and its successors shall at its own expense maintain the rights of way marked `E', `F', `G' and `H' on S.O. Plan 19509 to provide all weather vehicular access to the site marked `A' and `B' on S.O. Plan 19509. (c) Gates shall be erected where the right of way easement passes through boundary fences and such gates shall be left locked at all times when not in use by the Crown, its successors, invitees, agents or servants. (d) If any fences adjoining the right of way easement are damaged during construction, maintenance or use of the right of way easement by the Crown, its successors, invitees, agents or servants, then such damaged fences shall be repaired and reinstated to its former condition by the Crown or its successors at its cost. 2. (a) The full, free, uninterrupted right of the Crown and its successors to convey electricity over those parts of the land described in the First Schedule the centreline of which is marked on S.O. Plan 19509 as `J-K-L-M-N-O' and `P-Y-Q-R-S-T-U-V' and `W-X' and conferring the rights contained in the Seventh Schedule of the Land Transfer Act 1952, provided that the rights and powers attaching to the right to convey electricity shall be the same as applied to the right to convey water save that `cables' shall be substituted for `pipes' and `electricity' for `water' wherever the words appear in the Seventh Schedule of the Land Transfer Act 1952 provided that: (b) All gates and fences damaged by the Crown, its successors, invitees, agents and servants during the construction or maintenance of the electricity easement shall be made good without cost to the registered proprietor of the land over which the easement passes. 3. The full, free, right of the Crown and its successors to erect, operate, occupy and maintain for the exclusive use of the Crown and its successors in perpetuity an easement for telecommunication purposes (``telecommunication'' means the conveyance, transmission, emission or reception of signs, signals, impulses or intelligence or any nature whether by electromagnetic waves or not at any frequency and whether for the information of any person or not and includes any electronic power supply relating to Telecommunication - ``purposes'', includes `works' namely any instrument tower, mast, radio apparatus, transmitters, receivers, amplifiers, furniture, plant, office building, machinery, engine, excavation work of whatever description used or intended to be used or relating to supporting or ancillary to Telecommunications and includes any part of any Works and includes `existing works' as defined by the Telecommunication Act 1987 and its amendments) over those parts of the land marked `A' and `B' on S.O. Plan 19509 provided that any installations and buildings erected on the land of this easement shall be painted so as to be as unobtrusive as possible but consistent with any safety considerations that may be necessary. 4. Any dispute arising out of or in connection with these agreements shall be resolved by arbitration under the Arbitration Act 1996 and its amendments. The arbitrator shall decide the dispute according to the substantive law of New Zealand. Dated at Christchurch this 19th day of February 1998. R. G. W. WRATT, Manager Crown Property Services. (LINZ Ch. 6700-12-01-13)1CL