Acquiring Land and an Easement Over Land in Whangarei District Pursuant to section 20 of the Public Works Act 1981, and to a delegation from the Minister of Lands, the Manager, Lands and Property, Department of Survey and Land Information, Auckland, declares that, an agreement to that effect having been entered into, the land described in the First Schedule, a right to convey water over the land described in the Second Schedule, containing the rights and powers contained in the First, Second and Fifth paragraphs of the Seventh Schedule of the Land Transfer Act 1952 as modified by the additional terms and conditions described in the Third Schedule hereto are acquired for irrigation purposes and shall vest in the Crown on the date of publication in the New Zealand Gazette. First Schedule North Auckland Land District 58 square metres, being part Lot 1, D.P. 130596; shown marked ``A'' on S.O. Plan 65738, lodged in the office of the Chief Surveyor at Auckland. Second Schedule North Auckland Land District 265 square metres, being part Lot 1, D.P. 130596; shown marked ``A'' on S.O. Plan 65741, lodged in the office of the Chief Surveyor at Auckland. Third Schedule North Auckland Land District (Modification to Easement) Additional Terms and Conditions: 1. James Keith Thomas, horticulturist and Vanessa Anne Thomas, his wife, both of Whangarei (hereinafter together with their heirs, successors and assigns called the ``owners'') are the grantors and Her Majesty the Queen (hereinafter together with her heirs, successors, officers and assigns called ``the Crown'') is the grantee of the easements herein acquired for the purposes of the Maungatapere Irrigation Scheme. 2. If the aforementioned water supply pipeline is no longer required for the purposes of the Maungatapere Irrigation Scheme, such determination shall be made at the sole discretion of the Regional Irrigation Manager or his successor, and the Crown will at the request of the owners release the owners from this easement and surrender any easement registered against the owners certificate of title provided that no compensation will be payable to the Crown or the owner. Any easement agreed to be surrendered may be partially or fully surrendered by memorandum of transfer or notice published in the New Zealand Gazette in accordance with section 42 (4) of the Public Works Act 1981. 3. The water supply pipeline shall be place along the line on S.O. Plan 65741, marked ``A'' and the easement shall apply to the land 2.5 metres either side of the centreline of the pipeline. 4. The boundaries of the easement shall not be fenced and the owners or occupiers of the land shall have the right to use the same (except for such as may be reasonably held to interfere with the enjoyment of the Crown and its assigns as owner of the pipeline hereunder) but shall not erect any building, construction or fence or plant any trees or shrubs on the easement strip below a depth of 300 mm from the surface or do anything which would or could damage or endanger the pipeline without the consent of the Crown or its assigns being first obtained in writing. Any such consent shall not be unreasonably withheld. 5. The Crown shall have the right of entry after giving reasonable notice where practicable upon the said land at any time with or without engineers and workmen and with or without any necessary vehicles, implements, tools, pipes and materials of any kind for the purpose of laying, maintaining, repairing, inspecting and from time to time renewing and opening up the land within the easement area as may be necessary for those purposes provided that the owners will not unreasonably withhold consent and that in the case of emergency the owners consent shall not be required before entry is made. 6. When the pipeline is above or below the surface of the ground it shall be placed so as to interfere as little as possible with ordinary cultivation as aforesaid of the said land and in so doing or in laying, maintaining, repairing, inspecting or renewing or removing the pipeline as little damage as possible shall be caused to the above land. Any such damage caused shall be made good by the Crown and the land shall be restored as near as reasonably practicable to the condition existing before entry or alternatively the Crown may at its option compensate the owners for any damage. 7. Liability of Owners in Respect of Damage to Pipeline If the owners, their servants, contractors, agents, invitees or workmen shall in any way damage the pipeline the liability of the owners in respect of such damage shall be as follows: (a) If the owners shall have obtained a permit (either in writing or in such manner as the Crown may from time to time in its absolute discretion determine) from the Crown authorising them to carry out any particular work on the pipeline easement and in the course of carrying out such work in compliance with the conditions set forth in such permit such damage shall occur then the owners shall not be liable for the costs of and incidental to the repairing of such damage. (b) If prior to commencement of any work on the pipeline easement the owners shall fail to obtain a permit in writing from the Crown and if having obtained such permit as aforesaid shall fail to comply with the terms and conditions set forth therein or otherwise imposed by the Crown in respect thereof and if such damage shall occur during the course of such work then the owners shall be liable for the first two thousand dollars ($2,000.00) only in the cost of making good such damage and incidental loss which may have been suffered by the Crown provided that the aforesaid limitation of liability to two thousand dollars ($2,000.00) to be borne by the owners as aforesaid shall be adjusted upwards automatically on an annual basis by relating the same to movements in the general consumer price index (C.P.I.) for New Zealand published from time to time by the New Zealand Department of Statistics to establish at any given time in the future the then value of the aforesaid sum of two thousand dollars ($2,000.00). Such adjustments shall be made on the basis of movements in the C.P.I. for twelve (12) month periods ending on the 31st day of March in each and every year the first such adjustment to be made for the year ending 31st March 1989. 8. The Crown shall have the right to erect and maintain such fixtures or markers as may be necessary to indicate the location of the pipeline provided that such fixtures or markers do not interfere with the reasonable management of the said land. Dated at Auckland this 20th day of May 1994. G. A. DAWSON, Manager, Lands and Property. (DOSLI Ak. D.O. 25/32/8)1CL