1 JULY
NEW ZEALAND GAZETTE
1837

the lines for the time being on the telecommunications easement land or their operation.

(2) The grantor must not without the prior written consent of the grantee—

(a) Burn off any crops, trees or undergrowth on the telecommunications easement land; or

(b) Carry on commercial forestry operations on the telecommunications easement land; or

(c) Operate or permit to be operated on the telecommunications easement land any large machinery or equipment, such as a bulldozer, crane, drilling rig, excavator, or pile-driver.

(3) The grantee’s consent must not be unreasonably withheld; but may be given subject to the power to revoke it.

(4) If the grantee revokes its consent, it must pay the grantor appropriate compensation for any costs the grantor incurs as a direct result.

7. The grantee may, by any means or methods it thinks necessary, level and grade any soil, sand, gravel or other material, stock-piled on the telecommunications easement land, or any other earthworks on the telecommunications easement land, to ensure that the clearance above the ground level of any line on, over or under the telecommunications easement land is maintained in excess of the minimum clearance height for the time being prescribed by any statute, regulation, code of practice, or generally accepted engineering standard.

8. (1) The grantor must not obstruct or interfere with the carrying on of the normal business operations of the grantee on or in relation to on, over or under the telecommunications easement land, to the intent that the grantee has absolute right to use and have quiet enjoyment of the telecommunications easement land to transmit telecommunications, subject only to the reservations, restrictions, and conditions in this order.

(2) In particular, the grantor must do all acts and things reasonably necessary to eliminate or (if elimination is impossible or impracticable) minimise any impact or danger to any part of the telecommunications easement land or any person on the telecommunications easement land.

Schedule 8

Clause 6

Telecommunications Easement Land

Schedule 9

Clause 7

Easement to Convey Electricity

1. For all purposes necessary or convenient for carrying on its electricity generation business or exercising the grantee’s rights created by clause 7 of this Order and this Schedule, the grantee has the right to free and unfettered access along, on, over and through the electricity 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. (1) The grantee may construct on the electricity 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 7 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.

(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 electricity easement land, by any means the grantee thinks necessary, any building, structure, fence, or vegetation, to which subclause (2) applies; or

(b) Trim any vegetation overhanging the electricity easement land to which subclause (3) applies.

(2) This subclause applies to any building, structure, fence, or vegetation if it—

(a) Impedes access by the grantee on, over or along the electricity easement land; or

(b) Breaches any statutory requirement, code of practice, or generally accepted engineering standard as to the minimum clearance of lines above and below ground; or

(c) In the grantee’s opinion are, or are likely to be, a danger or hazard to the safety or operation of any line on, over or under the electricity easement land used to transmit electricity.

(3) 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 electricity easement land whose trunk is 20 centimetres wide or wider at chest height.

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

(5) Subclause (1) (b) is subject to subclause (3).

5. The grantor acknowledges that the lines for the time being on the electricity easement land, and all associated line components, remain the property of the grantee.

6. (1) The grantor must not at any time do or permit any