2554 NEW ZEALAND GAZETTE, No. 90 30 JUNE 2011

2.2 The Grantee also has the right, subject to section 3, to enter the Stipulated Course and any other parts of the Servient Land as is reasonable to do the following work:

2.2.1 To dig and lay the Easement Facility through the Stipulated Course, at a depth and line determined by the Grantee;

2.2.2 To inspect, maintain, repair, dig up, alter, enlarge, renew, replace or upgrade the Easement Facility (including replacement with an Easement Facility of the same or larger diameter);

2.2.3 To carry out any capital works to the Stipulated Course or any structures on the Stipulated Course including the Easement Facility as the grantee considers necessary;

2.2.4 To landscape and plant plants, shrubs, etc in the Stipulated Course;

2.2.5 To do anything else in the full exercise of the rights in this Easement Instrument, with the Grantee’s agents, contractors and employees, and with or without tools, plant, equipment, and vehicles.

2.3 The Grantee may leave any vehicles or equipment on the Servient Land for a reasonable period of time if work is proceeding.

2.4 The Grantee will ensure that any work it performs is carried out in a proper and workmanlike manner.

2.5 The Grantee has no obligation to:

2.5.1 Construct the Easement Facility;

2.5.2 Inspect, maintain, repair, dig up, alter, enlarge, renew, replace or upgrade the Easement Facility, whether constructed by the Grantee or otherwise;

2.5.3 Direct, divert, detain, concentrate or convey Water through, under, or over the Servient Land continuously or at all.

3. ACCESS

3.1 The Grantee’s right of access in clause 2.2 may be exercised, except on giving reasonable notice to the Grantor, except in an emergency.

3.2 When obtaining access to the Stipulated Course for the purposes of clause 2.2 the Grantee must, so far as is practicable, use existing driveways and other areas suitable for access, and

3.2.1 Do as little damage as possible to the Servient Land and any vegetation, fences or improvements on it;

3.2.2 Cause as little disturbance as possible to the Grantor’s use and enjoyment of the Servient Land;

3.2.3 Reinstate the surface of the Servient Land as soon as possible after the work has been completed, and resurface if necessary with appropriate materials so as to restore it as nearly as possible to its former condition; and

3.2.4 Repair any fences or other improvements on the Servient Land damaged by the Grantee to reinstate them to their previous condition and replace any trees, shrubs and plants which may have been destroyed or severely damaged.

4. GRANTOR’S OBLIGATIONS

The Grantor may not:

4.1 Dig on or in or otherwise disturb the soil or the extent of the Stipulated Course; or

4.2 Place any buildings or other improvements, or plant or allow any tree or shrub to grow, on the Stipulated Course; or

4.3 Change the existing surface or water levels of the Stipulated Course, without obtaining the Grantee’s prior written approval; or

4.4 Cause or allow any damage to occur to the Easement Facility; or

4.5 Do anything or allow anything to be done which would interfere with, or affect, the rights of the Grantee under this easement instrument.

5. MAINTENANCE

The Grantor is responsible for maintaining the Easement Facility in the Stipulated Course so that it does not become a nuisance or a danger.

6. NO POWER TO TERMINATE

There is no implied power in the easement instrument for the Grantor to terminate the easement rights due to the Grantee breaching any term of this easement instrument or for any other reason, it being the intention of the parties that the easement rights will continue forever unless surrendered.

7. DEFAULT

If either party fails (the “Defaulting Party”) to perform or join with the other party (the “Other Party”) in performing any obligation under this easement instrument, the following provisions will apply:

7.1 If after the expiry of one month from service of the default notice, the Defaulting Party has not performed or joined in performing the obligation, the Other Party may:

7.1.1 Perform the obligation; and

7.1.2 For that purpose enter the Servient Land.

7.2 The Defaulting Party must pay to the Other Party the costs of:

7.2.1 The default notice; and

7.2.2 The Other Party in performing the obligation of the Defaulting Party, within one month of receiving notice of the Other Party’s costs.

7.3 The Other Party may recover any money payable under clause 7.2 from the Defaulting Party as a liquidated debt.

8. STATUTORY RIGHTS

The easement rights are in substitution for those set out in the Fourth Schedule to the Land Transfer Regulations 2002, but otherwise this easement does not affect any statutory powers which the Grantee may have.

9. THE GRANTEE AS A REGULATORY AUTHORITY

The Grantee has signed this easement instrument in its non-regulatory capacity. This easement instrument does not bind the Grantee in its capacity as a regulatory authority in any way, and any consent or agreement the Grantee gives under this easement instrument is not an agreement or consent in its regulatory capacity and vice versa. When acting in its regulatory capacity, the Grantee is entitled to consider all applications to it without regard to this easement instrument. The Grantee will not be liable to the Grantor or any other party if, in its regulatory capacity, the Grantee declines or imposes conditions on any consent or permission that the Grantor or any other party seeks for any purpose associated with the easement instrument or otherwise.

10. DISPUTES

If any dispute arises between the Grantor and the Grantee about the rights in this easement instrument, which cannot be resolved by negotiation, the parties must submit at the request of either party to the arbitration of an independent arbitrator. This arbitrator is to be appointed jointly by the parties, and if they cannot agree on one within 14 days, by the President for the time being of the District Law Society where the Servient Land is situated. The arbitration will be determined in accordance with the Arbitration Act 1996 and