4518 NEW ZEALAND GAZETTE, No. 177 20 OCTOBER 2005

of installing, servicing or operating police radiocommunications and telecommunications apparatus on the
grantee’s land and for no other purpose.
If the Crown shall at any time transfer lease or otherwise
part with title to or possession of the grantee’s land this
easement shall automatically be extinguished.

Sixth Schedule
Rights and Powers Included in the Right of Way Easement
All the rights and powers set out in the Fourth Schedule of
the Land Transfer Regulations 2002.

Seventh Schedule
Rights and Powers Included in the Electricity Easement
The full, free, uninterrupted and unrestricted right for the
grantee, its tenants and any other person lawfully entitled so
to do from time to time and at all times to take, convey and
lead electricity in a free and unimpeded flow (except when
such flow is halted for any reasonable period necessary for
essential repairs) and in any quantity consistent with rights
of other person having the same or similar rights following
the stipulated course under or through the land over
which the easement is granted together with the additional
rights incidental thereto as set out hereunder.

Eighth Schedule
Rights and Powers Included in the Telecommunications
Easement
The full, free, uninterrupted and unrestricted right for the
grantee, its tenants and any other person lawfully entitled so
to do from time to time and at all times to take, convey and
lead telecommunication signals in a free and unimpeded
flow (except when such flow is halted for any reasonable
period necessary for essential repairs) and in any quantity
consistent with rights of other person having the same
or similar rights following the stipulated course under or
through the land over which the easement is granted
together with the additional rights incidental thereto as set
out hereunder.

Additional Rights
The full right for the grantee, its servants, agents or
workmen for the purposes of the easement concerned:

(a) to lay, install, use, maintain, repair replace or upgrade:

(i) any lines and/or cables on the cable track; and

(ii) the right of way on the access track.

(b) in order to lay, install, maintain, repair, replace or
upgrade such line or cable and right of way the
right for the grantee, its servants, agents and
workmen together with any tools implements
machinery vehicles or equipment of whatsoever
nature necessary for the purpose to enter upon the
land over which the easement is granted or created
and remain there for any reasonable time for the
authorised purpose and to open up the soil of
the land to such extent as may be necessary and
reasonable in that regard, subject to the condition
that as little disturbance as possible is caused to the
surface of the land and that the surface of the land is
restored as nearly as possible to its original
condition and any other damage done by reason of
the aforesaid operation is repaired.

Ninth Schedule
Terms, Covenants, Conditions and Restrictions
The terms, covenants, conditions and restrictions attaching
to the easements hereby granted are as follows:

1. The grantee will pay an annual maintenance fee
   ("the fee") to the grantor. The following provisions
   shall apply:

(i) The fee for the period to 31 August 1996 shall be
$2,500.00 plus G.S.T.

(ii) The fee for the year ending on 31 August 1997 shall
be the same fee as for the year ended 31 August
1996 plus or minus a percentage equivalent to any
percentage variation in All Groups New Zealand
Consumer Price Index for the 12 month period
ending 31 March 1994.

(iii) The fee for each subsequent year ending on
31 August until 31 August 1997 shall be the same
fee as for the immediately preceding 12 month
period plus or minus a percentage equivalent to any
percentage variation in All Groups New Zealand
Consumer Price Index for the 12 month period
ending on the preceding 31 March.

(iv) The fee shall be paid in advance on the 1 May in
each year.

(v) The grantee shall pay good and services tax on all
fee payments.

(vi) If the grantee defaults in payment of the fee for
14 days then the grantee shall pay on demand
interest at the rate of 5% above the BNZ base rate
from time to time.

2. The grantor may at any time and from time to time use
   or allow any other person to use the access track and
   cable track and any other land owned by the grantor for
   logging or for any other reasonable purpose and shall
   not be liable to the grantee for any delay or other
   consequences of such use so long as such delay or
   other consequences are not unreasonable and do not
   subsist for an unreasonable length of time.

3. The grantor shall not be liable for any damage which
   may be caused to any property of the grantee other than
   through the grantor’s own wilful act or default.

4. The grantee shall:

(i) not trespass on any other land of the grantor;

(ii) not block or leave anything on the access track and
cable track nor do or permit anything to be done
upon it which may be or become a nuisance or
annoyance to or cause damage or inconvenience to
the grantor or any other person permitted by the
grantor to use it;

(iii) ensure that no damage is caused to any of the trees
on the grantor’s land and if any trees should
encroach on the access track and cable track the
grantee shall not damage the trees in any way but
shall notify the grantor which will take such action
as the grantor deems appropriate;

(iv) not damage any trees, fences, structures or other
property of the grantor or its lessees or licensees
which may be on the access track and cable track;

(v) not bring animals on to the access track and cable
track (without the grantor’s consent) or pollute water
on the land;

(vi) take all possible precautions against fire and in
particular not:

(a) smoke;

(b) light fires; or

(c) use spark-emitting machinery or vehicles on
the access track and cable track;

(vii) comply with the provisions of all statutes,
ordinances, regulations and by-laws which apply to
or arise out of the use of, or work done on, the
access track and cable track by the grantee and also
to comply with the provisions of all licences,
requisitions and notices issued by any competent
authority in respect of the land and applying to or