20 NOVEMBER NEW ZEALAND GAZETTE

(ii) survey and investigate in respect of:

any Transmission Lines or part of a Transmission Line over or under the Transmission Line Easement Land.

2. The Grantee shall have the right to convey, send and transmit electricity and communications and all associated signals, waves or impulses over, in, across and through the Transmission Lines.

3. The Grantee shall have the right to allow the transmission lines to hang freely over the Transmission Line Easement Land.

4. The Grantee shall have the right to free and unfettered access over and through the Transmission Line Easement Land for the purpose of carrying on its electricity generation business from time to time and shall at all times have the right of access to and from any part of the Transmission Line Easement Land over the Servient Land and any other land of the Grantor’s for the purpose of exercising any of the Grantee’s rights at any time and with or without any vehicles, machinery or equipment, tools, cables, and materials of any kind. This right includes the right to construct on the Transmission Line Easement Land all such roads, tracks, access ways, fences, gates and other works limited to the extent deemed necessary by the Grantee for the exercise of the Grantee’s rights and causing the minimum of disturbance to the Grantor, its land, forestry and other property in doing so and provided that any roads, tracks, access ways, fences, gates and other works constructed on the Transmission Line Easement Land are to be constructed using materials of a quality suitable for their purpose and are to be constructed in a proper workmanlike manner to the Grantee’s own standards. The Grantee shall use its best endeavours to notify the Grantor if any major disturbance is to be caused to the Grantor, its land, forestry or other property.

5. The Grantee shall have the right to keep the Transmission Line Easement Land cleared of any structures, fences or vegetation (including those which overhang the Transmission Line Easement Land) by any means which the Grantee may consider necessary in the following circumstances and provided prior notice is given to the Grantor where reasonably practical:

(i) Where such structures, fences or vegetation breach any statutory or regulatory requirements or standards, or codes of practice, or otherwise breach generally accepted engineering standards as to the minimum clearances from the Transmission Lines.

(ii) Where such structures, fences or vegetation impede the Grantee’s access over the Transmission Line Easement Land.

(iii) Where such structures, fences or vegetation are, or are likely to be, in the opinion of the Grantee a danger or hazard to the safety or operation of the Transmission Lines, including the air space above, under and beside the Transmission Line Easement Land.

6.1 The Grantee may consent to certain of the Grantor’s structures, fences or vegetation which exist on the Transmission Line Easement Land on the vesting day remaining, or may consent to the construction of certain structures or fences or planting of certain vegetation by the Grantor, however, should any of the circumstances specified in clause 5 (i), (ii) or (iii) subsequently be found to exist, the Grantee may revoke such consent. If such consent is revoked the costs of removal of any structures, fences or vegetation shall be borne by the Grantee.

6.2 The Grantee shall be responsible for the removal of any structures, fences or vegetation existing on or overhanging the Transmission Line Easement Land on the vesting day in respect of which no consent in writing has been sought or obtained by the Grantor pursuant to clause 6.1 of this Schedule.

6.3 The Grantee may remove, at the cost and expense of the Grantor, any structures, fences or vegetation built or cultivated on or overhanging the Transmission Line Easement Land after the vesting day in respect of which no consent in writing has been sought or obtained by the Grantor pursuant to clause 6.1 of this Schedule.

7. The Grantee shall have the right by whatever means or methods as the Grantee considers necessary to level and grade any stock-piled soil, sand, gravel or other substance or any materials, walls or other earth works that may exist on the Transmission Line Easement Land in order to ensure that the clearance above the ground level of the Transmission Lines is maintained greater than any minimum clearance height that may from time to time be prescribed by statute, regulations, code of practice or otherwise.

8. The Grantor acknowledges that the Transmission Lines and all improvements shall remain the property of the Grantee.

9. The Grantor shall not at any time do permit or suffer to be done any act whereby the rights powers licences and liberties granted to the Grantee may be interfered with or affected in any way and in particular the Grantor shall not without the consent in writing of the Grantee:

(a) Burn off crops trees or undergrowth on the Transmission Line Easement Land.

(b) Operate or permit to be operated any large machinery or equipment such as cranes, drilling rigs, pile drivers or excavators within the Transmission Line Easement Land.

9.1 The consent of the Grantee pursuant to clause 9 of this Schedule shall not be unreasonably withheld, but may be given subject to the power to revoke with appropriate compensation if it is revoked.

10. The Grantor shall use its best endeavours to ensure that no substantial damage is caused to the access roads or any other improvements of the Grantee.

11. The Grantor shall not obstruct or interfere with the carrying on of the normal business operations of the Grantee to the intent that the Grantee shall have absolute right to use the Transmission Line Easement Land and have quiet enjoyment thereof subject only to the reservations set out in this order, and in particular the Grantor shall do all acts and things as are reasonably necessary to eliminate or minimise any impact or danger to any part of the Transmission Line Easement Land or any person on that Transmission Line Easement Land.

Schedule 8

Further Land Subject to Easement to Convey Electricity and Communications