Crown Land Set Apart for Telecommunications Purposes and Easements Acquired for an Access Track, Electricity and Sewage Purposes at Mount Rollesby Pursuant to 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: (i) Pursuant to section 52, the land described in the First Schedule shall be set apart for telecommunications purposes; and (ii) Pursuant to sections 20 (1) and 28, agreements to that effect having been entered into, the easements in gross described in the Second Schedule shall vest in the Crown in perpetuity, subject to the terms and conditions set out in the Third Schedule on the date of publication of this declaration in the New Zealand Gazette. First Schedule Canterbury Land District Mackenzie District Area m Being Marked 3559 Part Rural Section 36814, part CL 529/204 ``J''. As shown marked as above mentioned on S.O. Plan 19481, lodged in the office of the Chief Surveyor at Christchurch. Second Schedule Canterbury Land District Mackenzie District Nature Being Marked Right of way Part Run 254, part CL 529/204 ``A''. Right of way Part Rural Section 32642, part CT 24F/269 ``B''. Right of way Parts Rural Section 36814, part CL 529/204 ``C'', ``D'', ``F'', ``G'' and ``H''. Right of way Part Run 313, part CL 529/203 ``E''. Right to drain sewage Parts Rural Section 36814, part CL 529/204 ``G'' and ``I''. Right to convey electric power (centreline) Part Run 254, part CL 529/204 ``K-L''. Right to convey electric power (centreline) Part Rural Section 32642, part CT 24F/269 ``L-M''. Right to convey electric power (centreline) Part Rural Section 36814, part CL 529/204 ``M-N-O-P''. As shown marked as above mentioned on S.O. Plan 19481, lodged in the office of the Chief Surveyor at Christchurch. Third Schedule 1. (a) The full 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 the Ninth Schedule of the Property Law 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 Second Schedule marked ``A'', ``B'', ``C'', ``D'', ``E'', ``F'', ``G'' and ``H'' on S.O. Plan 19481, together with or without vehicles by day or by night for the purpose of obtaining access to that part of the land marked ``J'' on S.O. Plan 19481 provided that: (b) The Crown and its successors shall carry out any work at its own expense necessary to provide all weather access to the site. (c) The registered proprietor of part Run 254 and Rural Sections 36814 and 32642 shall have the right to use for their own purposes those portions of access track labelled ``A'', ``B'', ``C'', ``D'', ``E'', ``F'', ``G'' and ``H'' on S.O. Plan 19481, but shall not grant or assign rights to any other party without the consent of the Crown or its successors. (d) The right of way easement shall be used solely for the purposes of construction, maintenance and servicing of the telecommunications site by the Crown and its successors, invitees, agents and servants. (e) The first gate on the access track from Haldon Road is to be locked if required by either party under such arrangements as the parties shall make. (f) Firearms shall not be discharged on or over the registered proprietors property by any person authorised to use the access track. (g) The Crown and its successors shall be responsible for the destruction of all noxious weeds on the access track as part of the maintenance arrangements. (h) The Crown and its successors, invitees, agents and servants shall refrain from dropping debris or rubbish on to the access track or the adjoining property. 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 Second Schedule the centreline of which is marked on S.O. Plan 19481 as ``K-L-M-N-O-P'' 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. 3. The full, free, uninterrupted right of the Crown and its successors to drain sewage over those parts of the land described in the Second Schedule marked ``G'' and ``I'' on S.O. Plan 19481 and conferring the rights contained in the Seventh Schedule of the Land Transfer Act 1952. 4. Fires shall not be lit on any portion of the land described in the First and Second Schedules except in an authorised fire place well removed from combustible material. 5. Neither the Crown and its successors nor the registered proprietors shall be required to fence the land described in the First Schedule and the land described as ``A'' to ``H'' in the Second Schedule, unless a fencing arrangement is mutually agreed upon between the parties. 6. The Crown and its successors hereby covenants with the registered proprietors that it will at all times indemnify the registered proprietors against all actions, suits, proceedings, claims and demands that may be made or brought against the registered proprietors on account of and in any manner whatsoever in connection with the use of the land described in the First Schedule and the land described as ``A'' to ``H'' in the Second Schedule as an access track and ``place of work'' as defined in the Health and Safety in Employment Act 1992. Dated at Christchurch this 3rd day of April 1998. R. G. W. WRATT, Manager Crown Property Services. (LINZ Ch. 8225-12-10)