1830

NEW ZEALAND GAZETTE

No. 79

Schedule 10
Land Subject to the Easement to Convey Electricity

Schedule 11
Easement to Drain and Convey Water

Schedule 12
Land Subject to the Easement to Drain and Convey Water

Schedule 13
Profit à Prendre for Quarry

Schedule 14
Quarry Land

Schedule 15
Helicopter Licence

Schedule 16
Helicopter Landing Land

Schedule 17
Provisions Relating to all Servient Land

1. Title—This order may be cited as the State-Owned Enterprises (Cobb River Power Station Limited Vesting Order No. 1) Order 1999.

2. Interpretation—(1) In this order,—

“Construct” includes install;

“Dams and structures” means all the dams and associated structures (whether on the dominant land, on or near the operating easement land, or elsewhere) in respect of which the grantee is for the time being entitled to exercise the grantee’s rights under the operating easement;

“Data” includes images, impulses, information, instructions, intelligence, printing, signals, sounds, and writing, of any nature;

“Dominant land” means the land specified in Schedule 2 as the dominant tenement;

“Drain” includes—

(a) A pipeline or pipe; and

(b) Any structure constructed for use in association with a drain;

“Drainage easement land” means the land described as the servient tenement in Schedule 12;

“The drains” means all drains for the time being on, under, through, and over the drainage easement land;

“Electricity easement land” means the land described as the servient tenement in Schedule 10;

“Electricity transmission” means the conveyance and transmission of electricity, of any frequency or voltage, for the operation, control, assessment or monitoring, of any or all of the following:

(a) The dams and structures, improvements, and associated structures;

(b) Any other structure and equipment of the grantee situated on or near the servient land;—

and “to transmit electricity” has a corresponding meaning;

“Enactment” includes bylaw;

“Grantee”, in relation to an easement, profit à prendre or licence vested by this order,—

(a) Means the holder for the time being of the easement, profit à prendre or licence vested by this order in Cobb River Power Station Limited (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;

“Helicopter landing land” means the land described in Schedule 16;

“Improvement” means a channel, penstock, pipe, pipeline, syphon, or tunnel;

“The improvements and associated structures”—

(a) Means—

(i) All improvements for the time being on, under, through, and over the tunnel easement land constructed under clause 1 (1)(a) of Schedule 3; and

(ii) All structures constructed on, under, through, and over the tunnel easement land under clause 1 (1)(b) of Schedule 3 for use in association with an improvement;

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

“Operating easement” means the easement to store and release water vested by clause 3;

“Operating easement land” means the land described as the servient tenement in Schedule 2;

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

“Power station” means the Cobb Power Station;

“Quarry land” means the land described in Schedule 14;

“Right of way” means the right of way easement vested by clause 5;

“Right of way land” means the land described as the servient tenement in Schedule 6;