Easement Acquired for Police, Public Safety and Emergency Telecommunications Purposes Tikitiki, Gisborne District Pursuant to section 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister of Lands, Kerry John Twydle, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, a right of way easement in gross (in common with the owner and any other lawful users) for a fixed term of 99 years from the 15th day of January 1999 (called ``the commencement date'') for an annual rental of $900.00 per annum, is acquired over the land owned by the Turitaka Trust (called ``the owner'') described in the First Schedule to this notice upon the terms described in the Second Schedule to this notice and is vested in the Crown (called ``the Crown'') for use in connection with police, public safety and emergency telecommunication purposes. Gisborne Land District Gisborne District Council First Schedule Servient Tenement Part Turitaka A3 Block, Blocks V and IX, Waiapu Survey District (part C.T. 2A/1101) marked ``A'' and ``B'' on S.O. Plan 8559. Second Schedule Terms and Conditions (1) Should the easement between the owners and Eastland Energy Limited be terminated during the term of the easement granted hereunder, the owners shall permit the Crown to erect and operate its own radio transmission facilities on the transmitter site and shall not require any additional payment other than that contained in this agreement. (2) The Crown shall acquire title to the easement by a declaration under the Public Works Act 1981 but pending the issue of the declaration may register a compensation certificate against the title to the land. (3) Access to the land in terms of the easement shall be given to the Crown from the 15th day of January 1999 (settlement date). (4) The owner shall if so required advise the Crown as to whether the land is subject to any registered or unregistered mortgage, lien or charge. If the land is so subject then the owner shall obtain the consent of the owner's mortgagees and holder of lien or charge to the within agreement prior to settlement. (5) The Crown shall keep the owner indemnified against all claims expenses and costs relating to loss or damage to stock or property arising out of the use of the right of way granted herein. (6) The Crown shall not be required or empowered to fence the boundaries of the right of way or transmitter site. (7) The owners may fence across the said right of way but in so doing shall erect within each such fence a farm gate which will permit the exercise of the rights hereby acquired. (8) The Crown shall be entitled to enter into a maintenance agreement with any other authorised user of the right of way however notwithstanding any such agreement, neither the Crown nor the owner shall be responsible for the maintenance of the said right of way but either party may at its or their expense, maintain the access to a standard sufficient for the purpose of exercising the rights contained in this agreement. (9) The Crown shall close all gates opened for the purpose of access and when using or maintaining the right of way take all reasonable steps to minimise the disturbance of stock on the owner's land. (10) The easement may be surrendered by the Crown at any time prior to its expiry by notice published in the New Zealand Gazette. (11) Except as modified herein the terms relating to rights of way set out in the Seventh Schedule of the Land Transfer Act 1952 shall apply to the easement granted herein. Rent Review (12) The annual rental shall be reviewed on a 3-yearly basis from the commencement date as defined in the recital to this gazette notice (each third anniversary of the commencement date being referred to as ``a review date'') and shall be adjusted by the same percentage change as with any increase or decrease in the aggregate consumer price index (all groups 25 centres) as published by the Department of Statistics for the period from the 31st day of December immediately preceding the date of the last rent review or the date of the commencement of the easement (as the case may be) to the 31st day of December immediately preceding the date of the rent review under consideration. Any rent reviewed shall in no case be below that payable at the commencement of this agreement. Dated at Wellington this 7th day of September 1999. K. J. TWYDLE, For Minister of Lands by the Minister for Food, Fibre, Biosecurity and Border Control. (LINZ CPC 98/1460/A)1CL