NEW ZEALAND GAZETTE, No. 65

19 JUNE 2014

Dated at Wellington this 5th day of June 2014.

DORIS JOHNSTON, Deputy Director-General Policy and Regulatory Services, Department of Conservation.

(DOC CO TWS-04-27 – NNHM 1)

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Public Works Act 1981

Easement Taken—Kaikohe to Wiroa Double Circuit 110kV Transmission Line Project, Far North District

LT GEN THE RT HON SIR JERRY MATEPARAE,
Governor-General

Pursuant to section 26 of the Public Works Act 1981, I, Lieutenant General The Right Honourable Sir Jerry Mateparae, Governor-General of New Zealand, hereby declare the easement in gross over the land described in the First Schedule to be taken for the Kaikohe to Wiroa Double Circuit 110kV Transmission Line Project and vested, pursuant to section 186(2) of the Resource Management Act 1991, in Top Energy Limited on the 14th day after the date of the publication of this Proclamation in the New Zealand Gazette.

The terms of the easement are set out in the Second Schedule.

North Auckland Land District—Far North District

First Schedule
Part Lot 2 DP 197934 (part Computer Freehold Register NA126A/591); marked “A” on SO 471292 (“easement area”).

Second Schedule

1. Grantee’s rights and powers

1.1 The grantee shall have the following rights and powers:

1.1.1 To construct the works and to remove, inspect, use, operate, repair, maintain, renew, alter, replace, upgrade, add to and modify the works or any part of the works on the easement area;

1.1.2 to convey, conduct, send, distribute, pass, convert, transport, transmit and receive electricity and telecommunications signals and computer media by means of the works;

1.1.3 to undertake all tests, inspections, investigations and surveys of the easement area that are reasonably necessary for the grantee to exercise its rights under this easement and in so doing the grantee may:

(a) drill for core samples and dig test pits;

(b) install and maintain testing and monitoring equipment; and

(c) take away samples from the easement area for analysis.

1.1.4 to enter and remain on the easement area and such other part of the land as is reasonably necessary in the circumstances with or without vehicles, machinery and/or equipment and with such personnel (including its employees, agents, contractors and/or consultants) for the purposes of exercising the grantee’s rights under this easement;

1.1.5 to construct, inspect, use, repair, maintain, renew, alter, remove and modify roads and access tracks on the land, to modify adjacent fences (including boundary fences) on the land and to remove or trim vegetation on the access tracks at the cost of the grantee to the extent that is reasonably necessary for the grantee to exercise its rights under this easement with these rights to be exercised on the following terms:

1.1.5.1 Where any new roads and/or access tracks on the land are to be constructed, such will be constructed by the grantee as far as is practicably possible to enhance the land use operations on the land by the grantor;

1.1.5.2 if during the course of the construction of the works on the land the grantee uses any existing roads and/or access tracks on the land then these will be repaired and/or maintained as is necessary by the grantee so that at the conclusion of the construction of the works such roads and/or access tracks are left in as nearly as possible the same condition as they were in at the time of first entry onto the land by the grantee;

1.1.5.3 if the grantee in the exercise of access to the land for the purposes of inspection, use, repair, maintenance, renewal, alteration, replacement, upgrading, addition to or modification of the works uses roads and/or access tracks on the land, it shall, at the conclusion of such period of access, repair and/or maintain those roads and/or access tracks to ensure that the same are left in as nearly as possible the same condition as they were in at the time of the commencement of the exercise of the grantee’s rights hereunder;

1.1.6 to construct gates within fences (including boundary fences) located on the land and to inspect, use, repair, maintain, renew, alter, remove and modify those gates at the cost of the grantee to the extent that is reasonably necessary for the grantee to exercise its rights under this easement;

1.1.7 to clear and keep the easement area clear of trees, shrubs, vegetation, structures (including fences), earth, gravel and stone, and to clear and keep such other part of the land as is reasonably necessary in the circumstances clear of any trees, shrubs, vegetation, structures (including fences), soil, earth, gravel and stone which is or is likely to be or become, in the reasonable opinion of the grantee, a danger or hazard to the safety or operation of the works, will impede the grantee’s access to the works, or will otherwise interfere with the grantee’s rights under this easement;

1.1.8 to open up the soil of the easement area and excavate or remove timber, vegetation, soil, earth, gravel and stone from the easement area to the extent necessary for the grantee to exercise its rights under this easement; and

1.1.9 to temporarily occupy any part of the land that is reasonably necessary in the circumstances in order for the grantee to exercise any of its rights under this easement;