2 DECEMBER NEW ZEALAND GAZETTE

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grantor will not authorise or permit entry on the easement land unless—

(a) It has first given the grantee written notice of its intention to do so; and

(b) The entry authorised or permitted is for the purpose of inspecting the condition of the easement land or doing any act required to be done by the grantor under this order.

(3) If the grantee believes on reasonable grounds that the public safety or the security of the grantee’s electricity generation business require the permanent exclusion of the public from all or any part of easement land, the grantee may apply to the grantor to purchase the land or part.

(4) The grantee acknowledges that—

(a) The grantor may take any matters into account in considering an application under subclause (3); and

(b) The implementation of any purchase must be in accordance with the Reserves Act 1977.

(5) Any purchase the grantor approves must be at the current market value determined under clause 22 of this Schedule.

13. In addition to the rights expressly granted by this order, the grantee has the right to do any act or thing reasonably necessary for the better enjoyment of the rights expressly granted by this order.

14. (1) Where any provision of this order requires the consent or approval of the grantor before an action of any particular kind is taken, the consent or approval is deemed to be granted for any action of that kind properly and reasonably required to be taken for the purposes of the day to day or other activities of the grantee to carry on its electricity generation business.

(2) Where—

(a) Any provision of this order requires the consent or approval of the grantor before an action of any particular kind is taken; and

(b) The consent or approval is not deemed to be granted under subclause (1),—

it must not be unreasonably withheld or delayed, or granted subject to unreasonable conditions, or subject to the payment of money or other consideration.

15. (1) The grantee may at any time apply for any resource consent or other statutory consent required for the purpose of the exercise of any of the grantee’s rights, in the same manner as if it were the registered proprietor of the servient land.

(2) Promptly after making the application concerned, the grantee must give the grantor a copy.

(3) The grantor must, at the reasonable cost of the grantee, give the grantee any reasonable help in relation to the application that the grantee requests in writing.

16. (1) The grantor acknowledges that all improvements and associated structures made or installed by the grantee on the servient land remain the property of the grantee.

(2) The grantee—

(a) May at any time remove from the servient land any improvement or associated structure made or installed by the grantee; but

(b) Must immediately, at its own cost, remedy any substantial damage caused by the removal.

17. The grantee must use all reasonable endeavours to cause as little disturbance and disruption as possible to the carrying on of the normal business operations of the grantor; although the grantor accepts that this provision does not prevent, restrict, or hinder the grantee from carrying out its business in a normal manner consistent with the grantee’s rights.

18. The grantee does not have to fence any of the servient land unless it is required as a reasonable condition of the grantor when granting any consent under this order.

19. (1) All improvements connected with the grantee’s rights remain in the ownership of the grantee until they are removed by the grantee or on the cessation or surrender of the grantee’s rights, whereupon ownership vests and passes to the grantor unless they are in the process of being removed by the grantee at the time of the cessation or surrender.

(2) The grantee is not entitled to compensation or damages for any improvements it effects on the servient land.

20. The grantee may at any time surrender at its own cost all or any of the grantee’s rights; and in that case must execute any deed of surrender requested by the grantee.

21. The grantee may transfer or assign the grantee’s rights as to the whole or any parts of the servient land; and in that case, when the assignee or transferee becomes liable under the easements vested by this order (or any of them) or notifies the grantor that it has assumed the relevant obligations of the grantee under the easements concerned, the easements concerned will cease to be binding upon the assignor or transferor in respect of the relevant parts of the servient land (or if applicable, the whole of the servient land) but without prejudice to the assignor’s or transferor’s liability for any antecedent breach of covenant.

22. For the purposes of clause 12 of this Schedule,—

(a) The current market value of the relevant land must be determined by a registered valuer appointed by each party; and

(b) If they cannot agree, it must be determined by an umpire appointed by those valuers before they begin trying to determine the matter.

23. (1) If any dispute arises between the parties in respect of or in connection with the easements vested by this order, the parties must, without prejudice to any other right or entitlement they may have under this order or otherwise, explore whether the dispute can be resolved by use of the alternative dispute resolution technique of mediation.

(2) The rules governing the technique must be agreed between the parties or as recommended by the New Zealand Law Society or as selected by the chairman of the New Zealand Chapter of LEADR (Lawyers Engaged in Alternative Dispute Resolution).

24. (1) If the dispute is not resolved within 28 days of written notice by one party to the other of the dispute (or any further period agreed in writing by the parties), either party may refer it to arbitration under the Arbitration Act 1996.

(2) The arbitrator must be—

(a) Agreed by the parties within 10 days of written notice of the referral by the referring party to the other; or (failing agreement)

(b) Appointed by the president of the New Zealand Law Society.

(3) The arbitrator must not be a person who has participated in any informal dispute resolution procedure in respect of the dispute.

25. (1) All notices and communications under this order or the easements vested by it must be delivered personally, sent by prepaid post or by facsimile to the following addresses:

Grantor: