NEW ZEALAND GAZETTE

No. 79

1836

3. The grantee must use its best endeavours to notify the grantor if any major disturbance is or is likely to be caused to the grantor or its land, vegetation, or other property by the exercise of any of the grantee’s rights under clause 2 of this Schedule.

4. The grantee may maintain, to its own standards, any works (including the Cobb Village Bridge owned by the grantee)—

   (a) Existing on any part of the right of way land before the vesting day; or

   (b) Constructed by the grantee on any part of the right of way land under clause 3.

5. (1) The grantee may (at its own cost)—

   (a) Clear from the right of way land, by any means the grantee thinks necessary, any building, structure, fence, or vegetation, that impedes access by the grantee on, over or along it.

   (b) Trim any vegetation overhanging the right of way land that impedes access by the grantee on, over or along it.

   (2) The grantee must not without the grantor’s prior written consent trim or remove any part of any tree growing outside the boundaries of the right of way land whose trunk is 20 centimetres wide or wider at chest height.

   (3) The grantor must not unreasonably withhold or delay its consent under subclause (2).

   (4) Subclause (1)(b) is subject to subclause (2).

Schedule 6

Clause 5

Further Land Subject to the Right of Way

Schedule 7

Clause 6

Easement to Convey Telecommunications

1. (1) For all purposes necessary or convenient for carrying on its electricity generation business or exercising the grantee’s rights created by clause 6 of this order and this Schedule, the grantee has the right to free and unfettered access along, on, over and through the telecommunications easement land—

   (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 6 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 telecommunications easement land (whether created before or after the vesting day).

   (3) Subclause (1)(a) is subject to subclause (2).

2. (1) The grantee may construct on the telecommunications easement 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 6 of this Order and 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).

3. The grantee must use its best endeavours to notify the grantor if any major disturbance is or is likely to be caused to the grantor or its land, vegetation, or other property by the exercise of any of the grantee’s rights under clause 2 of this Schedule.

4. (1) The grantee may (at its own cost)—

   (a) Clear from the telecommunications easement land, by any means the grantee thinks necessary, any building, structure, fence, or vegetation, that impedes access by the grantee on, over or along it.

   (b) Trim any vegetation overhanging the telecommunications easement land that impedes access by the grantee on, over or along it.

   (2) The grantee must not without the grantor’s prior written consent trim or remove any part of any tree growing outside the boundaries of the telecommunications easement land whose trunk is 20 centimetres wide or wider at chest height.

   (3) The grantor must not unreasonably withhold or delay its consent under subclause (2).

   (4) Subclause (1)(b) is subject to subclause (2).

5. The grantor acknowledges that the lines for the time being on the telecommunications easement land remain the property of the grantee.

6. (1) The grantor must not at any time do or permit any act, or fail to take any steps that the grantee might reasonably expect the grantor to take in respect of, any action that may affect, damage, endanger, or interfere with the grantee’s rights.