11 FEBRUARY NEW ZEALAND GAZETTE 445

Schedule

Nelson Land District

Area

Dated at Auckland this 3rd day of February 1999.

R. J. SUTHERLAND, for Minister of Lands by the Minister for Food, Fibre, Biosecurity and Border Control.

(LINZ CPC/998/3011/A)

Land at Twizel to be Set Apart for Conservation Purposes

Pursuant to section 52 (1) of the Public Works Act 1981, and to a delegation from the Minister of Lands, R. J. Sutherland, Land Information New Zealand, declares that an agreement to that effect having been entered into, the land described in the First Schedule to this notice is hereby set apart for conservation purposes, subject to section 7 of the Conservation Act 1987, and shall remain vested in the Crown on the date of publication hereof in the New Zealand Gazette. The land described in the Second Schedule is subject to an easement in gross to convey electricity granted in favour of Alpine Energy Limited at Timaru upon the terms and conditions as set out in the Third Schedule.

First Schedule

Canterbury Land District—Mackenzie District

Area

11 Part Rural Section 36867, contained in part certificate of title 26F/698 (Christchurch Registry), Block VII, Strachey Survey District; shown marked “B” on S.O. Plan 20022.

As shown marked as above mentioned, S.O. Plan 20022, lodged in the office of the Chief Surveyor at Christchurch.

Second Schedule

Canterbury Land District—Mackenzie District

Area

As shown marked as above mentioned, S.O. Plan 20022, lodged in the office of the Chief Surveyor at Christchurch.

Third Schedule

Canterbury Land District—Mackenzie District

Terms and Conditions

Definitions

1. In this easement unless the context otherwise requires:

1.1 “Grantor” means Her Majesty the Queen for conservation purposes and where not repugnant to the context, her successors and assigns, and her servants and agents thereto.

1.2 “Grantee” means Alpine Energy Limited at Timaru and where not repugnant to the context, their successors and assigns, and their servants and agents thereto.

1.3 “Line”, “lines”, “works” means a wire, cable or conductor of any kind used or intended to be used for electricity purposes and includes any pole, mast, transmitter, receiver, amplifier, machinery, insulator, casing, fixture or other equipment or material used or intended to be used for supporting any such wire, cable or conductor or relating to or ancillary to electricity and includes any part of a line, lines or works both above and below ground levels and includes “existing lines” and “existing works” as defined by the Electricity Act 1992 and its amendments or any enactment passed in substitution.

1.4 “Servient land” means land owned by the grantor and described in the First Schedule hereto.

1.5 “Easement land” means that part of the servient land which is marked “B” on S.O. Plan 20022 and is described in the Second Schedule hereto.

Easement Terms

2. The grantee shall have the full free right, liberty and licence for all time hereafter for their engineers, servants, agents, employees, contractors and invitees with or without vehicles laden or unladen and with materials, machinery and implements from time to time and at all times:

2.1 to lay and maintain a line, lines and works in and under the soil of the easement land or as the case may be erect, construct and maintain a line, lines or works on and over the easement land;

2.2 to enter and remain upon the servient land for the purposes of laying, maintaining, inspecting, repairing, renewing, replacing or altering the line, lines or works as the case may be and opening up the soil of the easement land and making any cuttings, fillings, grades, batters or trenches, and reopen the same and generally to do and perform such acts or things upon the easement land as may be necessary to enable the grantee to receive the full use and enjoyment of the rights and privileges granted herein;

2.3 to use the line, lines or works for the purpose to convey electricity without interruption or impediment.

3. In laying, maintaining, inspecting, repairing, replacing or altering a line, lines or works over or under the easement land the grantee shall:

3.1 give to the grantor reasonable notice of the grantee’s intention to enter the servient land (but at any time and without notice in the case of an emergency);

3.2 make all reasonable attempts not to interfere with the activity of the grantor or the use of the servient land by the grantor; and

3.3 at the sole expense of the grantee restore the surface of the easement land as nearly as possible to its former condition and consolidated to its former level in a good workman standard.

4. This easement is not in substitution for and is without prejudice to such statutory rights and authorities as the grantee may have from time to time in respect of the servient land.

5. The ownership of a line, lines and works installed in, over or under the easement land from time to time by the grantee shall at all times remain vested in the grantee and no person shall have any interest in such line, lines or works.