NEW ZEALAND GAZETTE, No. 64

10 JUNE 2010

(b) On completion of any work to the easement facility, the surface of the servient land will be restored as nearly as possible to its former condition.

(c) The grantee shall have exclusive rights to the easement facility in relation to the easement right to convey electricity and to install and convey telecommunications, network signals and multimedia data.

(d) The grantor grants to the grantee and all persons authorised by the grantee with or without materials, plant and other apparatus and vehicles, to enter and cross the servient land as necessary at all times of the day and night via any practical route of access to the stipulated area subject to the grantee repairing and reinstating any damage to the servient land or its appurtenances caused by such access and crossing.

(e) The grantor must not, without the written consent of the grantee which consent may be withheld in the grantee’s absolute discretion:

(i) build or allow to be built or grow on the servient land any structure or plant which will interfere with the grantee’s permitted use of the stipulated area;

(ii) alter existing ground levels on the servient land on or adjacent to the stipulated area;

(iii) prevent any of the grantee’s permitted uses being conducted in a normal manner.

(f) If:

(i) the stipulated area is damaged or destroyed or if there is interruption to access to the stipulated area so as to render the stipulated area or any part of the stipulated area wholly or substantially unfit for the occupation or use of the grantee or inaccessible by any means of access; or

(ii) the grantee commits a material breach of any of its obligations and has not remedied that breach after having been given written notice of that breach and after the lapse of a reasonable time after that notice having regard to the nature of that breach; or

(iii) any application for a required or further consent or permit from any government agency or other competent authorities for the installation and use of the stipulated area is declined or granted subject to conditions which are unacceptable to the grantee and the grantee determines in its sole discretion not to appeal such decline or unacceptable decision or take any further action in respect of the same, or if the grantee is unsuccessful in any appeal or further action which it does take; or

(iv) the stipulated area is rendered unfit for the grantee’s use; or

(v) some alteration in the grantee’s operational requirements or some change in government legislation or by-laws or planning requirements renders the grantee’s use of the stipulated area obsolete or unnecessary, then the easement may be terminated immediately by the grantee by written notice to the grantor.

(g) Termination of the easement does not affect the rights and liabilities of the parties in relation to any cause of action accruing prior to termination.

(h) The grantee has the right at or prior to the termination of the easement to remove from the stipulated area all above-ground fixtures, fittings, plant, machinery, cables and other equipment erected or brought by it onto the stipulated area.

(i) The grantor will attend to and pay the grantee’s costs in the preparation and execution of this easement instrument. The grantor will attend to registration of this easement instrument at the grantor’s cost.

Twelfth Schedule

Conditions of Right to Convey Water Easement in Gross and Right to Drain Water Easement in Gross

1. Any terms used in this easement that are defined in the Land Transfer Regulations 2002 shall take those meanings.

2. Unless otherwise provided below, the rights and powers implied in specific classes of easements are those provided by the Land Transfer Regulations 2002.

3. Where there is a conflict between the provisions of the Fourth Schedule to the Land Transfer Regulations and the modifications set out herein, the modifications must prevail.

4. References in clauses 3(1) and 4(1) of the Fourth Schedule of the above Regulations to the Dominant Land shall be deleted for the purposes of this easement.

5. The Grantee shall have the right to dig up to any depth the soil of the portions of the servient land and to lay down and construct pipes of such size and material as the Grantee thinks fit for the purpose of this easement.

6. The Grantor covenants with the Grantee not to place any buildings, erect fences or other permanent structures on the stipulated course without the prior consent of the Grantee and the Grantor will not at any time commit or suffer any acts whereby the rights, powers, licences and liberties hereby granted to the Grantee may be interfered with or affected.

7. The Grantee may convey water and drain water in any quantities.

8. The Grantee’s rights to the easement facility or facilities under this easement are exclusive.

9. Nothing contained or implied by this easement shall be deemed to compel the Grantee to convey water and/or drain water along the stipulated course.

10. All rights or immunities from liabilities, powers and remedies which the Grantee may have or be entitled to by virtue of statute or at common law shall not be affected by the easement and the Grantee may exercise any such other powers vested in it at common law or by statute independently of those grants of easements.

Dated at Auckland this 14th day of May 2010.

R. J. SUTHERLAND, for the Minister for Land Information.

(LINZ CPC/2005/10877)