Easement Acquired for Police, Public Safety and Emergency Services Purposes James Road, Rangitumau Microwave Station, Masterton Pursuant to sections 20 and 28 of the Public Works Act 1981, and to a delegation from the Minister of Lands, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, a right of way easement in gross, is acquired in perpetuity, over the land marked ``A'' on S.O. Plans 37301, 37302 and 37303 and ``C'' on S.O. Plans 37304 and 37305 (called ``the access track''), owned by the proprietors described in the First Schedule (called ``the Grantor''), to this notice upon the terms described in the Second Schedule to this notice and is vested in the Crown, (called ``the Grantee''), for communications for police, public safety and emergency services purposes. Wellington Land District Masterton District Council First Schedule Servient Tenement Part Lot 2, D.P. 15572 (certificate of title 7A/714). Second Schedule Terms and Conditions 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 Tenement as is reasonably possible. 2. The grantee shall be entitled to enter into a maintenance agreement with any other authorised user of the right of way however notwithstanding any such agreement the grantee agrees as between the grantor and the grantee to ensure that the right of way is maintained to a good quality four wheel drive standard at the grantee's expense. In addition the grantee may at its option either alone or in conjunction with other authorized users maintain the right of way to a higher standard. It is specificially agreed that the grantor shall have no liability for the maintenance of the right of way in the absence of written agreement to that effect from time to time. 3. 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. In the event of an emergency situation, the grantee, employees, agents and workmen may use the right of way at any time and shall advise the grantor of any such use as soon as reasonably possible thereafter. 4. The grantee is not permitted to take animals over the right of way without first advising the grantor. Any animals taken over the right of way must be associated with the business of the grantee. 5. The grantee shall give adequate prior notice to the grantor of any maintenance of the access track or any significant activity resulting in increased usage of the access track. 6. The grantee shall close all farm gates that have been opened to permit passage along the 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. 7. 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. 8. The grantor will not be liable for any loss of damage to the grantee arising from the use of the easement except where the grantor intentionally causes such loss of damage. 9. 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 provisions contained herein. 10. If the grantee neglects or refuses to perform any obligation under the terms of the easement the following provisions shall apply: 10.1 The grantor may serve on the grantee a written notice (``a default notice'') requiring the grantee to perform such obligations and stating that, after the expiration of 14 days from service of the default the grantor may perform such obligation; 10.2 If at the expiry of the default notice the grantee still neglects or refuses to perform the obligation the grantor may perform such obligation; 10.3 The grantee shall be liable to pay to the grantor the costs of the default notice and the costs incurred in performing such obligation; 10.4 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. 11. The grantee may also permit Public Safety and Emergency Services organisations to use the right of way in connection with the provisions of public safety and emergency services, provided however that the grantor is given prior notice (in each case) of any such intended use except in the case of an emergency. In such case the grantee shall inform the grantor as soon as reasonably possible thereafter. 12. Persons using the access track under the rights granted by this agreement shall identify themselves to the grantor, or to any agent or the grantor, if requested to do so and shall demonstrate that they have both the right and the need to use the track. 13. 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 1996 or any amendment or enactment thereon from time to time being in force. Dated at Auckland this 17th day of November 1999. R. J. SUTHERLAND, for Minister of Lands by the Minister for Food, Fibre, Biosecurity and Border Control. (LINZ CPC 98/1980/A)1CL