20 NOVEMBER

NEW ZEALAND GAZETTE

3865

*This Gazette notice is registered in the Land Transfer Office in Wellington under number GN B612069.2.

†This Gazette notice is registered in the Land Transfer Office in Wellington under number GN B612069.4.

Schedule 3

Easement to Convey and Drain Water

1. The Grantee shall have the right to construct and use the tunnels through the Tunnel Easement Land to convey and drain water for all purposes required for or associated with electricity generation.

2. The Grantee shall have the right to survey, inspect and maintain and to carry out any repairs or replace all or part of the improvements or to support, anchor and maintain the tunnels and any other permanent structures or improvements including without limitation any pipelines, gates, booms, surge chambers, ventilation and inspection shafts, intake and outlet structures, bypass tunnels, power reticulation and communication lines and tail races through the Tunnel Easement Land and for the purpose of this grant the right to pass through the tunnels in the Tunnel Easement Land with any tools, equipment, machinery and vehicles as are necessary.

3. The Grantee shall have the right from time to time and at all times to construct, operate, renew, upgrade, change the size of, lay, move, remove and replace any tunnels and any other permanent structures or improvements on or in the Tunnel Easement Land including without limitation pipelines, gates, booms, surge chambers, ventilation and inspection shafts, intake and outlet structures, bypass tunnels, power reticulation and communication lines and tail races.

4. The Grantee shall take all reasonably practicable steps to prevent the public gaining access to the tunnels and shall erect appropriate security fencing, signage and notices preventing (where appropriate) and otherwise alerting the public from gaining unauthorised entry to the Tunnel Easement Land.

5. The Grantee shall maintain a management plan for its operation of the tunnels which plan may incorporate general operational, engineering and health and safety requirements, the Grantee’s operational instructions and any recommendations arising out of any Safety Evaluation of Existing Dams reports that may be adopted from time to time by the Grantee.

6. Should the activities of the Grantee cause or bring about the cause of any substantial damage to the Tunnel Easement Land the Grantee shall immediately notify the Grantor and otherwise take all reasonably practicable steps to prevent or avoid any escalation of damage and, if in the reasonable opinion of the Grantee the damage is capable of remedy and it is economic to do so, the Grantee shall use reasonable endeavours to remedy any such damage so caused.

7. The Grantor acknowledges that the tunnels and all improvements shall remain the property of the Grantee.

8. The Grantor agrees not to obstruct or interfere with the carrying on of the lawful business of the Grantee to the intent that the Grantee shall have absolute right to use the tunnels and have quiet enjoyment of them subject only to the reservations set out in this Schedule.

9. The Grantor shall use its best endeavours to ensure that no substantial damage or interference is caused to the tunnels or any other improvements of the Grantee.

10. Where the Grantee wishes to cease its business operation through destruction or for any other reason whatsoever it shall give the Grantor at least 6 months’ prior written notice on expiry of such notice the rights, obligations and liability of the Grantee shall cease and determine except to the extent of any antecedent breach or failure to satisfy the requirements of clause 11 of this Schedule.

11. Upon the cessation or surrender of those of the Grantee’s rights conferred by this schedule and clause 4 of this order the Grantee shall have an obligation within a period of 6 months from the date of the cessation or surrender to concrete plug the tunnels to an appropriate health and safety standard to prevent any persons gaining access to sealed areas unless that Grantor directs that the tunnels are to remain open and to remove any improvements on the land above the Tunnel Easement Land but not in or adjoining any tail race, water course, river or stream and otherwise restoring the surface of the Tunnel Easement Land to near as practicable to its original condition and disconnecting any power sources in a competent and proper manner.