1834

NEW ZEALAND GAZETTE

No. 79

(2) The grantee must not without first obtaining the grantor’s written consent—

(a) Carry out any works on, under or over the operating easement land; or

(b) Maintain any works carried out on, under or over the operating easement land without the grantee’s first obtaining the grantor’s written consent.

(3) Subclause (2) has effect as if all works carried out on, under or over the operating easement land before the vesting day were carried out with the grantor’s consent.

7. The grantee may from time to time deposit gravel, rock, sediment, vegetation, or other material on the operating easement land; but if the appearance or use of the operating easement land is or may be adversely affected by its deposit, the grantee must carry out reasonable retention work, landscaping of the affected area, or both, as agreed by the grantor and grantee in consultation, in a manner approved by the grantor.

8. (1) With the prior written consent of the grantor, the grantee may from time to time store goods or materials of any kind on the operating easement land.

(2) Subclause (2) has effect as if all goods and materials stored on the operating easement land immediately before the vesting day were stored with the grantor’s consent.

9. (1) The grantee may apply to the grantor to purchase the operating easement land, or any part or parts of it, if in the grantee’s reasonable opinion the grantee needs it for the permanent storage of goods and materials.

(2) The grantee acknowledges that—

(i) The requirements of any settlement of a claim under the Treaty of Waitangi Act 1975; and

(ii) Government policy.

(b) Special legislation may be required to implement any purchase.

(3) Any purchase the grantor approves must be at the current market value determined under clause 16 of Schedule 17.

10. (1) For the purpose of exercising any of the grantee’s rights, the grantee may from time to time—

(a) Operate any dragline, dredge, vessel, or other plant or equipment on any area of water on the operating easement land:

(b) Construct, maintain, and operate on the operating easement land any landing place, jetty, slipway, or wharf, and any associated accessway, in connection with any dragline, dredge, vessel, plant, or equipment operated under this clause.

(2) The grantee must not without first obtaining the grantor’s written consent construct on the operating easement land any landing place, jetty, slipway, wharf, or associated accessway.

(3) Subclause (2) has effect as if—

(a) Every dragline, dredge, vessel, or other plant or equipment, of a kind from time to time operated by the grantor before the vesting day on any area of water on the operating easement land were operated with the grantor’s consent; and

(b) Every landing place, jetty, slipway, wharf, or associated accessway constructed on the operating easement land before the vesting day were constructed with the grantor’s consent.

11. For so long as the land over which any part of the road to the Trilobite Hut is vested in Her Majesty the Queen in right of New Zealand—

(a) For the purpose of exercising any of the grantee’s rights, the grantee may at any time, with or without vehicles, machinery, and equipment, use that part of that road without charge; and

(b) The grantor acknowledges that it administers and is responsible for the maintenance of that part of that road.

Schedule 2

Clause 3

Land Subject to the Operating Easement

Servient Tenement
The land shown as “N”, “S”, “O”, and “T” on S.O. 15247 (on the commencement of this order known as Section 5, S.O. 15247)

Dominant Tenement
Sections 1, 2, 3, 4, and 8 on S.O. 15175, and Parcel D, S.O. 15463

Schedule 3

Clause 4

Easement to Convey Water

1. (1) For the purpose of exercising any of the grantee’s rights under clause 4 of this order and this Schedule, the grantee may from time to time construct, support, and anchor on, under, through and over the tunnel easement land—

(a) Any improvement; and

(b) Any structure for use in association with an improvement.

(2) The grantee must not without first obtaining the grantor’s written consent construct, support, and anchor any improvement or structure on, under, through and over the tunnel easement land.

(3) Subclause (2) has effect as if 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 were constructed with the grantor’s consent.

2. The grantee may use and operate all or any part of the improvements and associated structures—

(a) For electricity generation; or

(b) For supplying water for domestic or fire-fighting purposes; or

(c) For any other purpose required for or associated with the operation of the power station (including the use and operation of the dams and structures and other buildings on the servient land).

3. The grantee—

(a) May from time to time enlarge, inspect, maintain, move, remove, renew, replace, or survey, any of the improvements and associated structures; and

(b) For that purpose may have access to the improvements and associated structures, and pass beside, over and through any of the improvements and associated structures, with any necessary equipment, machinery, tools, and vehicles.