2 DECEMBER NEW ZEALAND GAZETTE 4363

Order

1. Title—This order may be cited as the State-Owned Enterprises (Electricity Corporation of New Zealand Limited (Arnold Power Station) Vesting) Order 1999.

2. Interpretation—(1) In this order,—

“Benefitted land” means all that parcel of land containing 28.2693 hectares, more or less, being Lots 1 and 2, Deposited Plan 3309 and Lots 1 and 2, Deposited Plan 3322, and being all the land comprised and described in certificate of title, Volume 8B, folio 940 (Westland Registry):

“Construct” includes install:

“The easement” means the easement vested by this order:

“Easement land” means that part of the servient land shown marked “B” on the plan deposited in the Westland Land Registry numbered 3309:

“Enactment” includes bylaw:

“Grantee”, in relation to the easement,—

(a) Means the holder for the time being of the easement (whether by vesting by this order, by assignment, by operation of law, by succession, or by any other means); and

(b) Includes the grantee’s agents, consultants, contractors, employees, engineers, invitees, licensees, surveyors, tenants, and workers, and those of any parent company or subsidiary:

“Grantee’s rights” means the authorities, discretions, interests, liberties, licences, powers, remedies, and rights conferred on the grantee by this order; and “grantee’s right” has a corresponding meaning:

“Grantor”, in relation to any part of the servient land,—

(a) Means the owner of that part; but

(b) For so long as that part has not been alienated from Her Majesty the Queen in right of New Zealand, means Her Majesty acting through the Director-General of Conservation:

“Improvement” includes—

(a) The tunnel; and

(b) Any boom, bore, building, canal, channel, equipment, gate, inspection shaft, intake structure, line, outlet structure, penstock, pipe, pipeline, screen, shaft, surge chamber, syphon, tail-race, tank, ventilation shaft, or weir:

“The improvements and associated structures”—

(a) Means all improvements for the time being on, under, through, and over the easement land constructed under clause 2(a) of the Schedule; and

(b) Includes all improvements constructed on, under, through, and over the easement land before the vesting day to enable the conveyance or drainage of water from, to, along, on, under, through, and over the easement land:

“Line” means any line component, or structure or system of line components:

“Line component” means any coaxial cable, conductor, fibre-optic cable, or wire, of any kind, used or intended to be used for or in connection with electricity or telecommunications transmission; and includes—

(a) Any casing, cross-arm, duct, fixture, foundation, ground-stay, insulator, pole, supporting structure, tower, tube, tunnel, underground piping, or other structure or material, used or intended to be used for enclosing, protecting, supporting, or surrounding any such cable, conductor, or wire; and

(b) Any associated capacitor, circuit-breaker, earthing device, fuse, system protection equipment, switch, transformer, or voltage regulator:

“Maintain” includes reconstruct, repair, and upgrade:

“Permission” includes agreement, authority, consent, direction, licence, permit, and right:

“Power station” means the Arnold Power Station:

“Servient land” means the land described as the Arnold River Scenic Reserve RS 5653 (Gazette, 1978, page 2847):

“The tunnel” means the tunnel through the easement land that was in existence immediately before the making of this order; and includes any other tunnel through the easement land constructed during the currency of and in accordance with the easement:

“Vesting day” means 3 December 1999.

(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 convey and drain water—(1) On the vesting day, there vests in Electricity Corporation of New Zealand Limited an easement in gross—

(a) Conferring, subject to the conditions set out in subclause (2) and the Schedule,—

(i) The right to convey and drain water (in whatever quantities and at whatever times the grantee thinks fit) from, to, along, over, through, or under the easement land; and

(ii) The right to have access to and maintain the easement land for the purpose of conveying and draining water; and

(iii) The other rights over and in relation to the easement land conferred by the Schedule; and

(b) Containing the covenants, on the part of the grantor and the grantee, to be observed and performed, set out in the Schedule.

(2) The right specified in subclause (1)(a) does not include—

(a) A right to convey and drain water from the easement land to or for the benefit of any land that is not part of the benefitted land (whether directly or via any part of the servient land that is not part of the easement land); or

(b) A right to convey and drain water from or for the benefit of any land that is not part of the benefitted land to the easement land (whether directly or via any part of the servient land that is not part of the easement land).

4. Registrar-General to register vesting—The Registrar-General of Land must take all steps, and make all entries in the registers, necessary to give effect to the vesting effected by clause 3.

5. Statutory obligations—No grantee’s right authorises the grantee—