Declaring a Telecommunication Easement in Gross Acquired for Post Office Purposes in Auckland City Pursuant to section 20 of the Public Works Act 1981, and to a delegation from the Minister of Lands, the Manager, Regional Crown Property Services, Land Information New Zealand, Auckland, declares that, agreements to that effect having been entered into, telecommunication easements in gross over the land described in the First Schedule, subject to the terms and conditions set out in the Second Schedule, are hereby acquired for post office purposes and shall vest in the Crown on the date of publication in the New Zealand Gazette. First Schedule North Auckland Land District The Easement Land Area m Being 115 Lot 1, D.P. 106695; shown marked ``A'' on plan. 68 Lot 2, D.P. 106695; shown marked ``B'' on plan. Shown marked as above mentioned on S.O. Plan 69152, lodged in the office of the Chief Surveyor at Auckland. Second Schedule North Auckland Land District Terms and Conditions Definitions 1. In this easement unless the context otherwise requires: 1.1 ``Grantee'' means Her Majesty the Queen for post office purposes and where not repugnant to the context, the successors and assigns, and the servants and agents thereto. 1.2 ``Line'', ``lines'', ``works'' means a wire, cable or a conductor of any kind (including fibre optic cable) used or intended to be used for telecommunication or the transmission of electricity and includes any pole, mast, transmitter, receiver, amplifier, machinery, insulator, casing, fixture, tunnel or other equipment or material used or intended to be used for supporting any such wire, cable or conductor or relating to or ancillary to telecommunication and includes any part of a line, lines or works and includes ``existing lines'' and ``existing works'' as defined by the Telecommunications Act 1987 and its amendments. 1.3 ``Servient land'' means the land owned by the grantor and comprised and described in certificates of title 61B/321, 61B/322, 61B/323, 61B/324 and 59C/145 (North Auckland Registry). 1.4 ``Telecommunication'' means the conveyance, transmission, emission or reception of signs, signals, impulses, writing, images, sounds, instruction, 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 relating to telecommunication. 1.5 ``Easement land'' means that part of the servient land which is marked ``A'' and ``B'' on Survey Office Plan 69152 and is as described in the First Schedule. Easement Terms 2. The grantee shall have the full free right, liberty and licence for all time hereafter for the grantee, her engineers, surveyors, servants, agents, employees, contractors and invitees with or without vehicles laden or unladen and with materials, machinery and implements from time to time and at all times: 2.1 to lay and maintain a line, lines or works in and under the soil of the easement land or as the case may be erect, construct and maintain a line, lines or works on and over the easement land; 2.2 to enter and remain upon the servient land for the purposes of laying, maintaining, inspecting, repairing, renewing, replacing or altering the line, lines or works as the case may be and opening up the soil of the easement land and making any cuttings, fillings, grades, batters or trenches, and to reopen the same and generally to do and perform such acts or things upon the easement land as may be necessary to enable the grantee to receive the full free use and enjoyment of the rights and privileges granted herein; 2.3 to use the line, lines or works for the purpose of telecommunication without interruption or impediment. 3. In laying, maintaining, inspecting, repairing, replacing or altering a line, lines or works over or under the easement land the grantee shall: 3.1 give to the grantor reasonable notice of the grantee's intention to enter the servient land (but at any time and without notice in the case of an emergency); 3.2 make all reasonable attempts not to interfere with the activity of the grantor or the use of the servient land by the grantor; and 3.3 at the sole expense of the grantee restore the surface of the easement land as nearly as possible to its former condition and consolidated to its former level in a good and workmanlike standard. 4. This easement is not in substitution for and is without prejudice to such statutory rights and authorities as the grantee may have from time to time in respect of the servient land. 5. The ownership of a line, lines and works installed in, over or under the easement land from time to time by the grantee shall at all times remain vested in the grantee and no person shall have any interest in such line, lines or works by reason only of having an interest or an estate in the land. Disputes 6. If any dispute arises between the grantor and grantee concerning the rights created by this easement the parties shall enter into negotiations in good faith to resolve their dispute. If the dispute is not resolved within 1 month of the date on which the parties begin their negotiations the parties shall submit to the arbitration of an independent arbitrator appointed jointly by the parties, or if one cannot be agreed upon within 14 days, to an independent arbitrator appointed by the president for the time being of the district law society in which the servient land is situated. Such arbitration will be determined in accordance with the Arbitration Act 1996 and its amendments or any enactment passed in substitution. Dated at Auckland this 9th day of December 1997. G. A. DAWSON, Manager, Regional Crown Property Services. (LINZ Ak. R.O. 18/337/0)1CL