NEW ZEALAND GAZETTE

No. 163

heavy inflow of water which impacts on the water levels on or about the Operating Easement Land or any other cause beyond the reasonable control of the Grantee then the Grantee may store and retain water on or about the Operating Easement Land up to the designed flood level of the Dams or Structures. If lawfully directed or requested so to do by a civil defence authority or if required in any other case beyond the reasonable control of the Grantee then the storage of water may be beyond the designed flood level.

2. Where the Operating Easement Land or any part of it forms the bed of a natural waterway the Grantee shall have the right from time to time discharge water into that waterway in accordance with resource consents or other statutory or regulatory consents or approvals held by the Grantee from time to time. If lawfully directed or requested to do so by a civil defence authority or if required in any other case beyond the reasonable control of the Grantee then the discharge of water to that waterway or to the Operating Easement Land may be made beyond the levels authorised by such consents or approvals.

3. The Grantee may from time to time if it sees fit install and maintain booms and other floating equipment on any lake or reservoir on the Operating Easement Land used for the storage of water and shall have the right to anchor such equipment on the Operating Easement Land. The Grantee may if it sees fit from time to time install and maintain monitoring and measuring equipment and structures, safety devices and similar equipment on the Operating Easement Land. Except in the case of emergency, the installation of such devices and equipment shall not be undertaken without the Grantee first having obtained the consent of the Grantor. All booms, floating equipment, monitoring and measuring equipment, structures, safety devices and similar equipment existing at the vesting day shall be deemed to be installed with the Grantor’s consent.

4. The Grantee may from time to time undertake works and/or carry out planting of vegetation on or about the Operating Easement Land with a view to limiting or minimising erosion, land subsidence, land slippage, landslides or flooding. The Grantee shall use reasonable endeavours when carrying out such works and plantings to so far as practicable carry out the same in keeping with the character of the Operating Easement Land and the Grantee shall use reasonable endeavours to reduce erosion, land subsidence, land slippage and landslides on the Operating Easement Land by available practical and economic means as determined by the Grantee in its reasonable opinion. Nothing in this clause shall be taken to restrict or hinder the Grantee from raising or lowering the level of the water situated from time to time on or about the Operating Easement Land during the course of carrying on from time to time the Grantee’s electricity generation business. The Grantee may from time to time remove from any water on or about the Operating Easement Land or remove from any part of the Operating Easement Land and/or redistribute or relocate, whether on the Operating Easement Land or elsewhere, any sediment or other material or any vegetation which in the opinion of the Grantee is impeding or likely to impede the efficient generation of electricity by the Grantee or to cause danger, injury or damage to persons or property on or about the Operating Easement Land. In all such cases work carried out under this clause shall (except in the case of an emergency) first have the consent of the Grantor.

5. The Grantee may from time to time erect structures and do works on the Operating Easement Land for the purpose of the exercise of any of the Grantee’s rights PROVIDED THAT this right shall not be exercised without the consent of the Grantor. All structures and works existing at the vesting day shall be deemed to have been erected with the Grantor’s consent.

6. The Grantee may from time to time deposit sediment or other material on or about the Operating Easement Land PROVIDED THAT where the appearance or use of the Operating Easement Land is or may be thereby adversely affected, as agreed by both parties in consultation with each other, the Grantee shall carry out reasonable landscaping of the affected area in a manner approved by the Grantor.

7. The Grantee may from time to time store goods and materials of all kinds on or about the Operating Easement Land PROVIDED THAT this right shall not be exercised without the consent of the Grantor and PROVIDED FURTHER THAT should permanent storage be required in the reasonable opinion of the Grantee then the Grantee shall purchase that part of the Operating Easement Land at the then current market value to be determined in the manner provided in clause 14 of Schedule 9. All goods and materials stored on or about the Operating Easement Land on the vesting day shall be deemed to have been stored with the Grantor’s consent.

8. The Grantee shall at all times for the purpose of exercising any of the Grantee’s rights have the right to operate upon any area of water on the Operating Easement Land, any vessel, plant or equipment and in connection therewith from time to time to establish and maintain jetties, wharves, landing places and slipways PROVIDED THAT no such jetties, wharves, landing places and slipways shall be established after the vesting day without the consent of the Grantor. All jetties, wharves, landing places and slipways existing on the vesting day shall be deemed to have been established with the Grantor’s consent.

Schedule 2

Land Subject to Easement to Store and Release Water, Right of Way and Easement to Convey Electricity and Communications