1 JULY

NEW ZEALAND GAZETTE

1835

4. (1) The grantee must take all reasonably practicable steps to—

(a) Alert the public to the existence of the improvements and associated structures, and the fact that the public should not have access to the improvements and associated structures without authorisation; and

(b) Prevent the public from gaining access to the improvements and associated structures.

(2) The grantee must take all reasonably practicable steps to ensure that there are erected on the tunnel easement land appropriate signs, notices and security fencing, to prevent unauthorised access to the improvements and associated structures.

5. (1) The grantee must prepare and maintain a management plan for its operation of the improvements and associated structures.

(2) The plan may incorporate general operational, engineering and health and safety requirements, the grantee’s operational instructions, and any recommendations arising out of any safety evaluation of existing dams reports or any equivalent dam safety reports adopted from time to time by the grantee.

6. If any activities of the grantee or the grantee’s servants or contractors cause, or bring about the cause of, any substantial damage to the tunnel easement land, the grantee—

(a) Must promptly notify the grantor; and

(b) Must take all reasonably practicable steps to prevent or avoid worsening of the damage and any further damage from those activities; and

(c) To the extent that there are no reasonably practicable steps that may be taken to prevent or avoid any worsening of the damage and any further damage from those activities, must take all reasonably practicable steps to minimise any worsening of the damage and any further damage from those activities; and

(d) If in the grantee’s reasonable opinion, the damage is capable of remedy, and it is economic to do so, must use its reasonable endeavours to remedy the damage.

7. The grantor acknowledges that the improvements and associated structures remain the property of the grantee.

8. The grantor must not obstruct or interfere with the carrying on of the lawful business of the grantee, so that the grantee has the absolute right to use the improvements and associated structures, and have quiet enjoyment of them, subject only to the conditions set out in this Schedule and Schedule 17.

9. (1) The grantor must use its best endeavours to ensure that neither the grantor nor any of its servants, contractors, lessees, or licensees causes any substantial damage or interference to the improvements and associated structures.

(2) The grantor must not—

(a) Carry out quarrying or earthmoving operations on the tunnel easement land; or

(b) Operate or permit to be operated on the tunnel easement land any large machinery or equipment, such as cranes, bulldozers, excavators, drilling rigs, or pile drivers.

(3) The grantor and grantee acknowledge that subclauses (1) and (2) do not affect or prevent the passage of large machinery or equipment over the area marked Y on S.O. 15463, for the purpose of gaining access to the quarry land.

10. Within 6 months after the cessation or surrender of the grantee’s rights under clause 4 and this Schedule, the grantee must—

(a) Plug with concrete to an appropriate health and safety standard any tunnels on the tunnel easement land (other than tunnels that the grantor directs should remain open), to prevent people gaining access to them; and

(b) Remove any improvements on the tunnel easement land (other than improvements in or adjoining any tail race, water course, river, or stream); and

(c) Otherwise restore the surface of the tunnel easement land to a condition as near as practicable to its original condition; and

(d) Competently and properly disconnect all power sources on the tunnel easement land.

Schedule 4

Clause 4

Land Subject to the Easement to Convey Water

Schedule 5

Clause 5

Right of Way

1. (1) The right conferred by clause 5 of this order may be exercised,

(a) Without charge, obstruction, or any restriction whatsoever; and

(b) With or without—

(i) Implements, tools, equipment and materials of any kind; and

(ii) Vehicles, including heavy machinery.

(2) The rights created by clause 5 of this order and this Schedule are in common with the rights of the grantor and third parties to access along, on, over and through the right of way land (whether created before or after the vesting day).

2. (1) The grantee may construct on the right of way land all access-ways, bridges, buildings, culverts, fences, gates, roads, tracks, and other works, necessary or expedient for the exercise of the grantee’s rights under clause 5 of this order or this Schedule.

(2) The grantee must ensure that the works and their construction cause the minimum disturbance to the grantor and its land, vegetation, and other property.

(3) The grantee must ensure that the works are constructed using materials of a quality suitable for their purpose, and in a proper workmanlike manner to the grantee’s own standards.

(4) Subclause (1) is subject to subclauses (2) and (3).