1876 NEW ZEALAND GAZETTE, No. 65 19 JUNE 2014

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
    this easement and includes anything that is