19 JUNE 2014 NEW ZEALAND GAZETTE, No. 65 1875

rights under this easement including the right to construct the works and, in doing so, the grantee may fence off such part or parts of the occupied area as is reasonably necessary for a temporary period or temporary periods for health and safety purposes (subject to clause 2.1 of this easement).

1.2 In undertaking any one or more of the rights and powers hereby granted, the grantee:

1.2.1 may use its nominated employees, agents, consultants or contractors to perform the works;

1.2.2 will meet the full costs of the works it undertakes;

1.2.3 for the avoidance of doubt, the grantee may enter on to the land and undertake the works on any day of the year including days which are not working days subject to the provisions of the entry notice given by the grantee under clauses 5.1 and 5.2 of this easement.

2. Grantee’s obligations

2.1 The grantee will use its reasonable efforts to cause as little interference as practical to the grantor, any crops or livestock and any farming activities on the land. The grantee shall, at its expense in all things, make good and reinstate the land as and when same shall require reinstatement to ensure that the land is left in as nearly as possible the same condition as it was at the time of the commencement of the grantee’s rights hereunder. In particular, but without limitation, when exercising its rights under this easement, the grantee shall ensure that it leaves all gates as it finds them and reinstates all fences which are taken down so that the grantee does not negatively affect the stock proofing of the land.

2.2 Where any disturbance, damage or loss is incurred or suffered by:

(a) the grantor; or

(b) any occupier of the land undertaking, with the grantee’s knowledge and in compliance with the terms of this easement, normal farming operations on the land, in particular sharemilking or forestry during any entry onto the land by the grantee to construct, repair, maintain, modify, replace, renew or remove the works or any part of the works, which is not remedied by the grantee under clause 2.1, including for example but without limitation, a business loss in respect of a business located on the land, the grantee shall compensate the grantor or the occupier, as the case may be, for such disturbance, damage or loss.

2.3 The grantee will bear the costs of managing vegetation on the easement area (excluding pasture land) including removing trees and other vegetation but will not be responsible for the cost of controlling weeds or removing any vegetation which is planted by the grantor in breach of this easement.

2.4 The grantee will bear the whole cost of maintaining the works apart from any works which the grantor and grantee have agreed are to become the property of the grantor, and any additional costs resulting from the grantor’s breach of this easement for which the grantee can recover the costs under this easement.

2.5 The grantee will provide to the grantor copies of the grantee’s plans indicating the proposed access routes over the land used by the grantee in accessing the works.

2.6 The grantee has no obligation to construct the works or to convey electrical energy and power or telecommunications through them, after construction, continuously or at all, provided that this clause 2.6 shall not derogate from any obligation of the grantee to surrender the easement if the easement is no longer required for a public work under the Public Works Act 1981.

2.7 In the event that the grantee clears the easement area and/or any other part of the land or opens up the soil of same as contemplated by clauses 1.1.7 and/or 1.1.8 hereof, the resulting material shall be removed by the grantee from the land and deposited off-site at the expense in all things of the grantee unless the grantor and the grantee shall otherwise agree.

3. Grantor’s rights

3.1 Subject to the restrictions set out in this easement, the grantor may use, occupy and enjoy that part of the surface of the easement area which is not occupied by the works for normal farming operations including cropping and horticulture to a maximum height of 2.5 metres and grazing.

4. Grantor’s obligations

4.1 The grantor must not, without the prior written consent of the grantee (which will not be unreasonably withheld or delayed), do, procure, assist or allow the following to be done:

4.1.1 Alter or disturb the present grades and contours of the surface of the easement area except in the course of normal farming and grazing operations (but subject to the restrictions set out in this easement);

4.1.2 erect any building or other structure (including fences) on the easement area;

4.1.3 plant any vegetation on the easement area (excluding pasture, crops and horticulture to a maximum height of 2.5 metres);

4.1.4 operate any equipment or vehicles on the easement area within a minimum clearance distance of four metres from any electricity transmission line conductor;

4.1.5 excavate or deposit material on the easement area;

4.1.6 impede the grantee’s access over the easement area and any access routes over the land or damage the surface of the access routes;

4.1.7 knowingly cause or permit flooding of the easement area except where such flooding occurs naturally and is beyond the control of the grantor;

4.1.8 light any fires or burn off vegetation within the easement area;

4.1.9 do any other thing on the land which may cause damage to the works or endanger the continuity or safety of the supply and distribution of electricity or otherwise impede, interfere with or prejudice any right of the grantee set out in clause 1.1.

5. Access

5.1 Where the grantee, together with or through its engineers, consultants, employees, contractors, workmen and anyone else authorised by the grantee, intends to enter upon the land to exercise and give effect to the rights of the grantee as listed in clauses 1.1.1 through 1.1.9 of this easement, the grantee must give at least 10 working days’ notice (“entry notice”).