NEW ZEALAND GAZETTE, No. 36 3 APRIL 2014

1.1.1 through 1.1.9 of this easement, the grantee must give at least 10 working days’ notice ("entry notice") to the grantor except in an emergency situation, when prior notice is not required and the provisions of clause 5.6 of this easement apply.

5.2 An entry notice is to identify the works the grantee intends to carry out with the entry notice to specify:

5.2.1 the location of the proposed entry;

5.2.2 the area on which the works will be undertaken by the grantee;

5.2.3 the nature of the works to be undertaken;

5.2.4 the date and time of initial entry;

5.2.5 the length of time that the grantee expects to be on the land; and

5.2.6 the nature of all other works that are to be undertaken on the land in accordance with the rights granted pursuant to clause 1.1.

5.3 Upon receipt of an entry notice from the grantee of its intention to exercise the right of entry provided for in clause 5.1, the grantor may set reasonable conditions relating to the timing of entry and the access route but those conditions may not:

5.3.1 delay the exercise of entry by the grantee by more than 15 working days; or

5.3.2 require monetary or other consideration; or

5.3.3 otherwise defeat the ability of the grantee to exercise effectively the rights granted under this easement.

5.4 Any dispute between the grantor and the grantee in relation to the terms of the entry notice or of the conditions set by the grantor pursuant to this clause shall constitute a dispute which is to be resolved using the dispute resolution procedure set out in clause 8 of this easement.

5.5 The grantee, in entering the land, will take all reasonable steps to minimise inconvenience to the grantor, including (but without limitation):

5.5.1 the time of entry (unless this is not possible due to an emergency situation);

5.5.2 leaving gates as they are found;

5.5.3 driving in a safe manner and taking reasonable steps not to disturb stock; and

5.5.4 avoiding access through any specific areas within the land which have been identified by the grantor to the grantee unless necessary to access the works,

but without limiting the rights of the grantor to claim under clause 2.2 of this easement.

5.6 Where entry is effected by the grantee due to an emergency situation, the grantee shall as soon thereafter as is reasonable give an entry notice to the grantor such entry notice to be in terms of clause 5.2 of this easement.

6. Ownership

6.1 The works and vehicles or any other property of the grantee will not, for any reason, become the property of the grantor and will at all times remain the property of the grantee, except in relation to any works which the grantee and the grantor agree are to become the property of the grantor.

6.2 The grantee may transfer, assign, sublet, lease or licence all, but not part, of its rights created by this easement provided that the assignee, sublessee, transferee, lessee or licensee is financially solvent and has the financial resources to meet the grantee’s commitments under this easement.

7. No power to terminate

7.1 There is no power in this easement for the grantor to terminate any of the grantee’s rights due to the grantee breaching any term of this easement or for any other reason.

8. Dispute resolution

8.1 If any dispute arises between the grantor and the grantee concerning the rights and obligations contained within this easement, the parties will enter into negotiations in good faith to resolve the dispute themselves or through any informal dispute process they agree upon.

8.2 If the dispute is not resolved within 10 working days then any party may at any time serve a mediation notice on the other party requiring the dispute be referred to mediation. The mediation notice shall set out the nature of the dispute. The parties shall in good faith endeavour to agree upon a mediator within five working days of the date of service of the mediation notice. If the parties cannot agree on the mediator, the President for the time being of the New Zealand Law Society (or any successor organisation) or the President’s nominee will appoint an independent mediator. The mediator’s costs are to be borne equally by the parties.

8.3 If the dispute is not resolved within 20 working days of the date on which the mediation notice is served, the parties will submit to the arbitration of an independent arbitrator appointed jointly by the parties. If the parties cannot agree on the arbitrator within a further 10 working days, the President for the time being of the New Zealand Law Society (or any successor organisation) or the President’s nominee will appoint an independent arbitrator.

8.4 Any arbitration proceedings will be conducted in accordance with the Arbitration Act 1996 and the substantive law of New Zealand.

9. Severability

9.1 If any part of this easement is held by any Court or administrative body of competent jurisdiction to be illegal, void or unenforceable, such determination shall not impair the enforceability of the remaining parts of this easement.

10. No waiver

10.1 A waiver of any provision of this easement shall not be effective unless given in writing and then it shall be effective only to the extent that it is expressly stated to be given.

10.2 A failure, delay or indulgence by any party in exercising any power or right shall not operate as a waiver of that power or right. A single exercise or partial exercise of any power or right shall not preclude further exercises of that power or right or the exercise of any other power or right.

11. Implied rights and powers

11.1 The rights and powers implied in specified classes of easements prescribed in the Fourth Schedule to the Land Transfer Regulations 2002 and the Fifth Schedule of the Property Law Act 2007 are negatived and the rights and powers contained herein shall apply in substitution.

12. Definitions

12.1 In this easement, unless the context requires otherwise:

12.1.1 "construct" means to build, construct, erect, install or lay the works, access tracks, roads, gates and/or fences contemplated by