Land Acquired for Recreation Reserve in Western Bay of Plenty District Subject to Easements Pursuant to sections 20 and 28 of the Public Works Act 1981, the Minister of Lands declares that, an agreement to that effect having been entered into, the land described in the First Schedule hereto, is hereby acquired for recreation reserve, subject to the Reserves Act 1977, and shall vest in The Western Bay of Plenty District Council on the date of publication hereof in the New Zealand Gazette, subject to a right of way easement in perpetuity described in the Second Schedule hereto, to a right to convey water easement in perpetuity described in the Third Schedule hereto, and to a right to convey electricity and telephone easement in perpetuity described in the Fourth Schedule hereto, all over the land firstly described in the First Schedule (the servient tenement) and to be appurtenant to the land described in the Fifth Schedule hereto (the dominant tenement). First Schedule South Auckland Land District Land Acquired for Recreation Reserve Area m Being 1436 Part Section 65, Block I, Waihi South Survey District; marked ``A'' on plan. Area ha Being 3.6857 Part Section 65, Block I, Waihi South Survey District; marked ``B'' on plan. As shown marked as above mentioned on S.O. Plan 60193, lodged in the office of the Chief Surveyor at Hamilton. Second Schedule Description of Right of Way Easement The rights and powers set out in the Ninth Schedule of the Property Law Act 1952, but modified as follows: Except for such costs referred to in paragraph 2 (c) of the said Ninth Schedule, the reasonable costs of forming, maintaining and repairing the right of way over said servient land shall be borne as follows: 1. By the registered proprietor for the time being of the dominant tenement as to [su'3']/[in'5']th of such costs. 2. By the registered proprietor for the time being of the servient tenement as to [su'2']/[in'5']th of such costs (and if there are more than one registered proprietor owning the servient tenement as tenants in common, then such costs between the several registered proprietors shall be borne in proportion to their shareholding in the servient tenement). Third Schedule Description of Right to Convey Water Easement The rights and powers set out in clauses 2 and 5 of the Seventh Schedule of the Land Transfer Act 1952. Fourth Schedule Description of Right to Convey Electricity and Telephone Easement To transmit electric current and telecommunications by means of lines, cables, wires or (in the case of electricity) by electric power lines. An owner or owners of the dominant tenement may with his/her/its/their servants, workmen and agents with or without vehicles from time to time enter upon the servient tenement marked ``A'' and such other areas surrounding as may be necessary or convenient and construct, equip, maintain, repair, alter, renew and operate on the said land marked ``A'' such cables, wires and equipment associated therewith as may from time to time be required. Having first given reasonable notice (except in the case of emergency) to enter and remain upon the servient tenement for the purpose of laying, maintaining, inspecting, renewing, repairing, replacing and altering the line or lines as the case may be and opening up the soil of the said land and to make any cuttings, fillings, grades, batters or trenches and to reopen the same and generally do and perform such acts or things upon the easement land as may be necessary to enable an owner or owners of the dominant tenement to receive the full, free, use and enjoyment of the rights hereby created. The owner or owners of the dominant tenement shall in exercising his/her/its/their powers under the above: 1. Do as little damage to the surface of the servient land and to any vegetation, fences, erections thereof as reasonably necessary and any opening in the surface of such land shall be filled in by such owner/owners as soon as possible after the necessary work for which such opening was made has been completed and the surface levelled off in a proper manner and resurfaced if necessary and restored to the condition it was in prior to the work being done. 2. From time to time repair and make good all damage or loss to fences, gates or erections and to any cultivation or crop in or upon the servient tenement land directly caused by such owner or owners carrying out any works in terms of this easement. 3. Keep and maintain the line, lines and other works in good and serviceable repair and condition and shall not nor will permit the same to fall into disrepair nor do damage of any kind or become a danger or a nuisance from any cause. An owner or owners of the servient tenement shall not place any buildings or erections or plant or allow or suffer to grow any tree or shrub on the land marked ``A'' on the plan and will not at any time permit or suffer to be done any act whereby the rights, powers, licenses or liberties hereby created may be interfered with or affected in any way. Any and every dispute difference or question which may at any time hereafter arise between the registered proprietors of the dominant and servient tenements or their respective representatives as to the rights, powers, terms, conditions and covenants as set out herein or the rights, duties or liabilities of the said parties shall in the absence of any provision to the contrary herein contained be referred to arbitration in accordance with and subject to the provisions of the Arbitration Act 1908, or any statutory amendments or modifications thereof for the time being in force and the provisions of this clause shall be deemed to be a submission to two arbitrators, one to be appointed by each party, such arbitrators to have the power to appoint an umpire if necessary. Definitions (For the purposes of the telecommunications easement hereby reserved) i. ``Line'' or ``lines'' means a wire or wires, cables or a conductor of any other kind (including a fibre optic cable) used or intended to be used for telecommunication and includes any pole, tower, mast, insulator, casing, fixture (major or minor), tunnel or other equipment or material used or intended to be used for supporting, enclosing, surrounding or protecting any such wire, wires, conductor, cable or fibre optic cable and also includes any part of a line and includes ``existing lines'' as defined by the Telecommunications Act 1987 and its amendments. ii. ``Telecommunications'' means the conveyance, transmission, emission or reception of signs, impulses, writing, images, sounds, instructions, information or intelligence of 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 whether underground or overground, incidental to telecommunications. Fifth Schedule Land to Which Easements are Appurtenant 56.5911 hectares, being part Section 65, Block I, Waihi South Survey District. Part certificate of title No. 57A/432. Dated at Hamilton this 19th day of December 1996. R. H. AUBREY, for Minister of Lands. (LINZ Hn. 98/10/0/108)1CL