NEW ZEALAND GAZETTE

No. 132

1.5 "Easement land" means that part of the servient land
which is marked "A", "B", "D", "G" and "F" on
S.O. Plan 20211 and is described in the First
Schedule hereto.

Easement Terms

2. The grantee shall have the full free right, liberty and
   licence for all time hereafter for their engineers, servants,
   agents, employees, contractors and invitees with or without
   vehicles laden or unladen and with materials, machinery and
   implements from time to time and at all times:

2.1 to lay and maintain a line, lines or works in and
under the soil of the easement land or as the case
may be erect, construct and maintain a line, lines or
works on and over the easement land;

2.2 to enter and remain upon the servient land for
the purposes of laying, maintaining, inspecting,
repairing, renewing, replacing or altering the line,
lines or works as the case may be and opening up the
soil of the easement land and making any cuttings,
fillings, grades, batters or trenches, and reopen the
same and generally to do and perform such acts or
things upon the easement land as may be necessary
to enable the grantee to receive the full free use and
enjoyment of the rights and privileges granted
herein;

2.3 to use the line, lines or works for the purpose to
convey water without interruption or impediment.

3. In laying, maintaining, inspecting, repairing, replacing or
   altering a line, lines or works over or under the easement
   land the grantee shall:

3.1 give to the grantor reasonable notice of the grantee’s
intention to enter the servient land (but at any time
and without notice in the case of emergency);

3.2 make all reasonable attempts not to interfere with
the activity of the grantor or the use of the servient
land by the grantor, and

3.3 at the sole expense of the grantee restore the surface
of the easement land as nearly as possible to its
former condition and consolidated to its former level
in a good workmanlike standard.

4. This easement is not in substitution for and is without
   prejudice to such statutory rights and authorities as the
   grantee may have from time to time in respect of the
   servient land.

5. The ownership of a line, lines and works installed in,
   over or under the easement land from time to time by the
   grantee shall at all times remain vested in the grantee and no
   person shall have any interest in such line, lines or works by
   reason only of having an interest or an estate in the land.

Disputes

6. Any dispute arising out of or in connection with
   the rights created by this easement shall be resolved
   by arbitration under the Arbitration Act 1996 and
   its amendments or any enactment passed in substitution.
   The arbitrator shall decide the dispute according to the
   substantive law of New Zealand.

Fourth Schedule

Terms and Conditions

Definitions

1. In this easement unless the context otherwise requires:

1.1 "Grantor" means Alpine Energy Limited as owner of
R.S. 40838 and where not repugnant to the context,
successors and assigns, and servants and agents
thereto.

1.2 "Grantee" means Mackenzie District Council and
where not repugnant to the context, their successors
and assigns, and their servants and agents thereto.

1.3 "Line", "lines", "works" means any pipe, line of
pipes or works of any kind used or intended to be
used to convey water and includes any other
equipment or material used or intended to be used
for line, lines or works both above and below
ground levels and includes existing lines and existing works.

1.4 "Servient land" means land owned by the grantor
contained in certificate of title 21F/229.

1.5 "Easement land" means that part of the servient land
which is marked "H" on S.O. Plan 20211 and is
described in the Second Schedule hereto.

Easement Terms

2. The grantee shall have the full free right, liberty and
   licence for all time hereafter for their engineers, servants,
   agents, employees, contractors and invitees with or without
   vehicles laden or unladen and with materials, machinery and
   implements from time to time and at all times:

2.1 to lay and maintain a line, lines or works in and
under the soil of the easement land;

2.2 to enter and remain upon the servient land for
the purposes of laying, maintaining, inspecting,
repairing, renewing, replacing or altering the line,
lines or works as the case may be and opening up the
soil of the easement land and making any cuttings,
fillings, grades, batters or trenches, and reopen the
same and generally to do and perform such acts or
things upon the easement land as may be necessary
to enable the grantee to receive the full free use and
enjoyment of the rights and privileges granted
herein;

2.3 to use the line, lines or works for the purpose to
convey water without interruption or impediment.

3. In laying, maintaining, inspecting, repairing, replacing or
   altering a line, lines or works over or under the easement
   land the grantee shall:

3.1 give to the grantor reasonable notice of the grantee’s
intention to enter the servient land (but at any time
and without notice in the case of emergency);

3.2 make all reasonable attempts not to interfere with
the activity of the grantor or the use of the servient
land by the grantor; and

3.3 at the sole expense of the grantee restore the surface
of the easement land as nearly as possible to its
former condition and consolidated to its former level
in a good workmanlike standard.

4. This easement is not in substitution for and is without
   prejudice to such statutory rights and authorities as the
   grantee may have from time to time in respect of the
   servient land.

5. The ownership of a line, lines and works installed in,
   over or under the easement land from time to time by the
   grantee shall at all times remain vested in the grantee and no
   person shall have any interest in such line, lines or works by
   reason only of having an interest or an estate in the land.

Disputes

6. Any dispute arising out of or in connection with
   the rights created by this easement shall be resolved
   by arbitration under the Arbitration Act 1996 and
   its amendments or any enactment passed in substitution.
   The arbitrator shall decide the dispute according to the
   substantive law of New Zealand.

Dated at Wellington this 17th day of September 2001.

R. A. JOLLY, for Minister of Lands by the Minister for
Land Information.

(LINZ CPC/99/3829)

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