1840

NEW ZEALAND GAZETTE

No. 79

the security of the grantee’s electricity generation business.

(b) With the grantor’s prior written approval, if it believes on reasonable grounds that it is necessary to do so because of a situation (other than an emergency) endangering public safety.

(2) For so long as entry is excluded under subclause (1), the grantor will not authorise or permit entry on the servient land unless—

(a) It has first given the grantee written notice of its intention to do so; and

(b) The entry authorised or permitted is for the purpose of inspecting the condition of the servient land or doing any act required to be done by the grantor under this order.

(3) If the grantee believes on reasonable grounds that the public safety or the security of the grantee’s electricity generation business require the permanent exclusion of the public from all or any part of servient land, the grantee may apply to the grantor to purchase the land or part.

(4) The grantee acknowledges that—

(a) The grantor may take any matters into account in considering an application under subclause (3), including (without limitation)—

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

    (ii) Statutory requirements relating to the disposal of land; and

    (iii) Government policy.

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

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

3. The grantee may take on the servient land any measures it believes on reasonable grounds to be necessary and feasible for the safety of people or property on or about the servient land, including (without limitation) erecting fences and barriers, and signs and notices warning of danger.

4. The grantee may from time to time do on the servient land anything reasonably necessary for the better enjoyment of, or consequential on the exercise of, the grantee’s rights.

5. (1) Where any provision of this order requires the consent or approval of the grantor before an action of any particular kind is taken, the consent or approval is deemed to be granted for any action of that kind properly and reasonably required to be taken for the purposes of the day-to-day or other activities of the grantee to carry on its electricity generation business.

(2) Where—

(a) Any provision of this order requires the consent or approval of the grantor before an action of any particular kind is taken; and

(b) The consent or approval is not deemed to be granted under subclause (1),—

it must not be unreasonably withheld or delayed, or granted subject to unreasonable conditions, or subject to the payment of money or other consideration.

6. (1) The grantee may at any time apply for any resource consent or other statutory consent required for the purpose of the exercise of any of the grantee’s rights, in the same manner as if it were the registered proprietor of the servient land.

(2) Promptly after making the application concerned, the grantee must give the grantor a copy.

(3) The grantor must, at the reasonable cost of the grantee, give the grantee any reasonable help in relation to the application that the grantee requests in writing.

7. (1) The grantor acknowledges that all structures, plant and equipment made or installed by the grantee on the servient land remain the property of the grantee.

(2) The grantee—

(a) May at any time remove from the servient land any structure, plant, or equipment made or installed by the grantee; but

(b) Must immediately, at its own cost, remedy any substantial damage caused by the removal.

8. (1) The grantee must use all reasonable endeavours to cause as little disturbance and disruption as is reasonable to—

   (a) The carrying on of the normal business operations of the grantor; and

   (b) The lawful use of the servient land by third parties.

(2) Subclause (1) does not prevent, restrict or hinder the grantee’s carrying on its electricity generation business consistent with the grantee’s rights.

9. The grantor must not require the grantee to fence any of the servient land, except as a reasonable condition subject to which the grantor grants any consent or approval for the purposes of this order.

10. (1) This clause applies to all improvements on the servient land connected with the grantee’s rights (whether made, erected, or installed before or after the vesting day).

(2) The improvements to which this clause applies become the property of the grantee, and remain the property of the grantee until—

(a) The grantee removes or destroys them; or

(b) The grantee’s rights cease or are surrendered.

(3) If the grantee’s rights cease or are surrendered, the improvements to which this clause applies then become the property of the grantor, except for those that—

(a) Have already been removed or defrayed by the grantee; or

(b) The grantee is then in the process of removing.

11. (1) The grantor must give the grantee at least 6 months notice of—

    (a) Any sale, transfer, charging or other disposal of any part of the servient land; or

    (b) Any development or change of use of any part of the servient land.

(2) The grantor must not agree to sell, transfer, charge, or otherwise dispose of any part of the servient land to a person other than the grantee without first consulting the grantee.

(3) The grantor must not sell, transfer, charge, or otherwise dispose of any part of the servient land to a person other than the grantee unless—

(a) The person has executed a deed of covenant under clause 12; or

(b) The sale, transfer, charging, or disposal concerned has the effect of such a deed.

12. The grantor must procure the execution of a deed of covenant (in any form the grantee reasonably requires) by any successor in title to any or all of the servient land to the effect that the successor in title will be bound by the terms of this order.