1 JULY NEW ZEALAND GAZETTE 1831

"Servient land" means the drainage easement land, the electricity easement land, the operating easement land, the helicopter landing land, the quarry land, the right of way land, the telecommunications easement land, and the tunnel easement land:

"Structure" includes any boom, building, surge chamber, equipment, gate, line, tail race, screen, shaft, tank, or tunnel:

"Telecommunications easement land" means the land described as the servient tenement in Schedule 8:

"Telecommunications transmission" or "telecommunications"—

(a) Means the conveyance, emission, reception, or transmission of data, at any frequency, by electrical, electro-magnetic, or electronic means; and

(b) Includes (without limitation) the conveyance, emission, reception, or transmission by such means of information or instructions for or relating to the assessment, control, monitoring, operation, or status of any or all of the following:

(i) The dams and structures, improvements, and associated structures:

(ii) Any other structure and equipment of the grantee situated on or near the servient land;—
and "to transmit telecommunications" has a corresponding meaning:

"Tunnel easement land" means the land described as the servient tenement in Schedule 4:

"Vesting day" means 1 July 1999:

"Works" includes—

(a) The erection of any buildings, transmission poles or towers, or other structures (and any associated lines); and

(b) The installation of bores, drainage channels, inspection or monitoring wells, lines, pipes, water level or flow-monitoring equipment, or weirs, and any associated structures or works.

(2) All the land referred to in this order is situated in the Nelson Land Registration District.

(3) 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 store and release water

On the vesting day, there vests in Cobb River Power Station Limited an easement appurtenant to the dominant land—

(a) Conferring, subject to the conditions and limitations set out in Schedules 1 and 17,

(i) The right to store water (in whatever quantities and at whatever times the grantee thinks fit) on or about the operating easement land; and

(ii) The right to release (in whatever quantities and at whatever times the grantee thinks fit) water stored on or about the operating easement land; and

(iii) The right to have access to and maintain the operating easement land for the purpose of storing and releasing water; and

(iv) The other rights over and in relation to the operating easement land conferred by Schedules 1 and 17; and

(b) Containing the covenants, on the part of the grantor and the grantee to be observed and performed, set out in Schedules 1 and 17.

4. Easement to convey water

On the vesting day, there vests in Cobb River Power Station Limited an easement appurtenant to the dominant tenement described in Schedule 4—

(a) Conferring, subject to the conditions set out in Schedules 3 and 17,

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

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

(iii) The other rights over and in relation to the tunnel easement land conferred by Schedules 3 and 17; and

(b) Containing the covenants, on the part of the grantor and the grantee to be observed and performed, set out in Schedules 3 and 17.

5. Particular right of way

On the vesting day, there vests in Cobb River Power Station Limited an easement appurtenant to the dominant tenement described in Schedule 6—

(a) Conferring, subject to the conditions set out in Schedules 5 and 17,

(i) For all purposes necessary or convenient for exercising the grantee’s rights (other than the rights created by this clause and Schedule 5), the free and unfettered right at all times to go along, on, over, and through the right of way land; and

(ii) The right to maintain the right of way land so that the rights referred to in subparagraph (i) can be exercised; and

(iii) The other rights over and in relation to the right of way land conferred by Schedules 5 and 17; and

(b) Containing the covenants, on the part of the grantor and the grantee to be observed and performed, set out in Schedules 5 and 17.

6. Easement to convey telecommunications

On the vesting day, there vests in Cobb River Power Station Limited an easement appurtenant to the dominant tenement described in Schedule 8—

(a) Conferring, subject to the conditions set out in Schedules 7 and 17,

(i) The right to use the telecommunications easement land to transmit telecommunications; and

(ii) The right to change the capacity of, change the size of, construct, erect, inspect, investigate, lay, maintain, or replace, any line on, over, or under the telecommunications easement land; and

(iii) The right to use any line constructed, erected, or laid on, over, or under the telecommunications easement land (before or after the vesting day) to transmit telecommunications (in whatever quantities, of whatever characteristics, and at whatever times, the grantee thinks fit); and

(iv) For the purpose of doing anything specified in any of subparagraphs (i) to (iii), to enter and remain on the telecommunications easement land; and

(v) For the purpose of doing anything specified in any of subparagraphs (i) to (iii), to open up the soil of