20 NOVEMBER NEW ZEALAND GAZETTE 3863

line to facilitate the transmission of electricity or telecommunications impulses, signals, or waves through the line:—

and “the Transmission Lines” means all Transmission Lines of the Grantee over, on, or through the Transmission Line Easement Land in respect of which the Grantee is for the time being entitled to exercise the Grantee’s rights under the easement vested by clause 6:

“Transmission Line Easement Land” means the operating easement land and the land described in Schedule 8:

“Tunnel Easement Land” means the land described in Schedule 4:

“The vesting day” means 21 November 1997.

(2) This order has effect as if—

(a) Every duty imposed by it on the Grantor or the Grantee is a covenant by the Grantor or the Grantee to perform the duty; and

(b) Every right given by it to the Grantee in respect of the Grantor is a covenant by the Grantor to act in conformity with the right; and

(c) Every right given by it to the Grantor in respect of the Grantee is a covenant by the Grantee to act in conformity with the right.

3. Easement to store water—On 21 November 1997, there vests in Mangahao Power Station Limited an easement in gross—

(a) Conferring, subject to the conditions set out in Schedules 1 and 9,—

(i) The right to store water (in whatever quantities and at whatever times the Grantee thinks fit) on or about the operating easement land; and

(ii) The right to release (in whatever quantities and at whatever times the Grantee thinks fit) water stored on or about the Operating Easement Land; and

(iii) The right to maintain the Operating Easement Land for the purpose of storing and releasing water;

(iv) The other rights over and in relation to the Operating Easement Land described in Schedule 1;

and

(b) Containing the covenants, on the part of the Grantor and the Grantee to be observed and performed, set out in Schedules 1 and 9.

4. Easement to convey and drain water—On 21 November 1997, there vests in Mangahao Power Station Limited an easement in gross—

(a) Conferring, subject to the conditions set out in Schedules 3 and 9,—

(i) The right to convey and drain water (in whatever quantities and at whatever times the Grantee thinks fit) along, over, through, and under the Tunnel Easement Land; and

(ii) The right to maintain the Tunnel Easement Land for the purpose of conveying and draining water; and

(iii) The other rights over and in relation to the Tunnel Easement Land described in Schedule 3; and

(b) Containing the covenants, on the part of the Grantor and the Grantee to be observed and performed, set out in Schedules 3 and 9.

5. Right of way—On 21 November 1997, there vests in Mangahao Power Station Limited an easement in gross—

(a) Conferring, subject to the conditions set out in Schedules 5 and 9,—

(i) The right at all times to go along, on, over, and through the Right of Way Land; and

(ii) The right to maintain the Right of Way Land so that the right referred to in subparagraph (i) can be exercised; and

(iii) The other rights over and in relation to the Right of Way Land described in Schedule 5;

and

(b) Containing the covenants, on the part of the Grantor and the Grantee to be observed and performed, set out in Schedules 5 and 9.

6. Easement to convey electricity and communications—On 21 November 1997, there vests in Mangahao Power Station Limited an easement in gross—

(a) Conferring, subject to the conditions set out in Schedules 7 and 9,—

(i) The right to convey and transmit electricity and communications currents, impulses, signals, and waves, (in whatever quantities, of whatever characteristics, and at whatever times, the Grantee thinks fit) along, over, or under the Transmission Line Easement Land; and

(ii) The right to maintain the Transmission Line Easement Land so that the right referred to in subparagraph (i) can be exercised; and

(iii) The other rights over and in relation to the Transmission Line Easement Land described in Schedule 7; and

(b) Containing the covenants, on the part of the Grantor and the Grantee to be observed and performed, set out in Schedules 7 and 9.

7. District Land Registrar to register vesting—The District Land Registrar of the land registration district in which the Servient Land is situated must register the vesting effected by this order.

8. Statutory obligations—No Grantee’s right authorises the Grantee—

(a) To do any thing that is contrary to any enactment; or

(b) To do without the required permission any thing that is contrary to any enactment unless permission has been obtained under the enactment; or

(c) To do, with the required permission but otherwise than in accordance with any condition or requirement subject to which that permission was granted, any thing that is contrary to any enactment unless permission has been obtained under the enactment.

Schedules

Schedule 1
Easement to Store and Release Water

1. The water may be stored and retained on or about the Operating Easement Land up to the operating levels determined from time to time by the Grantee in its sole discretion for the Dams or Structures and in accordance with any resource consents or other statutory or regulatory consents or approvals held by the Grantee from time to time. In the event of unusually heavy rainfall or unusually