1 JULY

NEW ZEALAND GAZETTE

1839

Schedule 13

Clause 9

Profit à Prendre for Quarry

1. (1) Subject to any other agreement entered into by the grantee with the grantor, the Tasman District Council, or both,—

   (a) The grantee has the free and unfettered right to go onto the quarry land to process, quarry, remove, and take rock, gravel and other material from the quarry land for use—

   (i) To maintain the dams and structures, the improvements and associated structures, and any drains, lines, roads, tracks, or tunnels on, under, or over any part of the servient land; and

   (ii) For any other purpose related to the operation or maintenance of the assets comprising the power scheme; and

   (b) The grantee may exercise the right—

   (i) Without charge, payment of royalty, obstruction, or any restriction whatsoever; and

   (ii) With or without equipment, materials, plant, tools, and vehicles.

2. The right may be exercised in accordance with the applicable industry standards, including the use of explosives, drilling equipment, heavy plant, and vehicles.

3. The right is exercisable in common with the grantor, the Tasman District Council and any other persons to whom similar rights are or may be granted; and in exercising it the grantee must make all reasonable efforts to avoid interfering with the use of the quarry land by the grantor and other users with similar rights.

4. The grantee has a licence for access, with or without vehicles (laden or unladen), to and from the quarry land over the existing road on the servient land, and over any other road or track formed from that road, so long as it is the grantee’s responsibility to maintain those roads and tracks according to its use.

Schedule 14

Clause 9

Quarry Land

Schedule 15

Clause 10

Helicopter Licence

1. (1) The grantee has a right to have access by helicopter to the dams and structures, the improvements and associated structures, and all lines and other assets on the servient land, without charge,—

   (a) Without the grantor’s consent, if the grantee—

   (i) Believes an emergency involving public safety or the security of the grantee’s electricity generation assets and business requires immediate access; or

   (ii) Is required by any enactment or local authority to have or provide access:

   (b) With the grantor’s prior written consent, in any other case.

   (2) The helicopter may carry personnel, with or without materials, plant and equipment.

   (3) Consent under subclause (1)(b) must not be unreasonably withheld or delayed.

2. The rights created by clause 10 of this Order and clause 1 of this Schedule are limited to the helicopter’s flying to and from, hovering over, landing on, loading and unloading cargo on, embarking and disembarking passengers on, and taking off from, the helicopter landing land.

3. (1) For the purposes of exercising the rights created by clause 10 of this Order and clause 1 of this Schedule, the grantee has—

   (a) The right to establish and use landing sites on the helicopter landing land; and

   (b) The right to use the landing sites on the helicopter landing land (including the sites known as the Airstrip, the Hill Top Carpark, and the Cobb dam and environs);

   (c) The right—

   (i) To construct on any or all of those landing sites a landing pad of concrete or other suitable material, and an associated access way; and

   (ii) To install on any or all of those landing sites fencing, any gates, markings, and signs necessary for aviation or safety purposes.

   (2) The grantee may maintain the landing sites to its own standards and the requirements of any aviation enactment.

   (3) The grantee must ensure that the maintenance of the landing sites causes the minimum disturbance to the grantor and its land, vegetation, and other property.

Schedule 16

Clause 10

Helicopter Landing Land

Schedule 17

Provisions Relating to all Servient Land

General Right of Way

1. (1) The right conferred by clause 10A 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 10A 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 servient land (whether created before or after the vesting day).

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

Other Matters

2. (1) The grantee may temporarily exclude entry by any persons (other than those authorised by it) to all or any parts of the servient land,—

   (a) Without the grantor’s approval, if it believes on reasonable grounds that it is necessary to do so because of an emergency endangering public safety or