NEW ZEALAND GAZETTE, No. 90 — 20 AUGUST 2015

(c) upon the Grantee disturbing the surface of the Stipulated Area for any reason, without delay restore the same as nearly as possible to its original condition;

(d) repair and make good any damage which may be done to any fence, building or improvement, or to any part of the Grantor’s land, in the exercise by the Grantee of any of the rights granted by this Easement, but the Grantee shall not be responsible for the cost of removing or damaging any fence, building, improvement or trees upon, or any tree roots growing within, the Stipulated Area, as prohibited under clause 5.1(a).

7. Easement Facility to be Property of Grantee

7.1 The Easement Facility and any other structures, plants or equipment erected or installed by the Grantee on the Stipulated Area shall be the property of the Grantee.

8. Limitation of Liability

8.1 Any right of action which shall at any time accrue to the Grantee by reason of breach or non-observance by the Grantor of any of the covenants contained in this Easement may be enforced by the Grantee only against:

(a) the registered proprietor for the time being of that part of the Stipulated Area in respect of which such breach or non-observance shall occur; and

(b) the registered proprietor at the time of such occurrence,

to the intent that the liability of any registered proprietor of the Stipulated Area shall cease (except as to any breach or non-observance occurring during the period of ownership of that registered proprietor) upon registration of a transfer of ownership.

9. Default

9.1 If the Grantor or the Grantee does not meet the obligations implied or specified in any easement:

(a) the party not in default may serve on the defaulting party written notice requiring the defaulting party to meet a specific obligation and stating that, after the expiration of seven working days from service of the notice of default, the other party may meet the obligation;

(b) if, at the expiry of the seven working day period, the party in default has not met the obligation, the other party may:

(i) meet the obligation; and

(ii) for that purpose, enter the Servient Land;

(c) the party in default is liable to pay the other party the cost of preparing and serving the default notice and the costs incurred in meeting the obligation; and

(d) the other party may recover from the party in default, as a liquidated debt, any money payable under this clause.

10. Arbitration

10.1 If any dispute arises between the parties relating to this Easement, that dispute shall be determined by a single arbitrator should the parties agree upon one or, failing agreement, by a single arbitrator to be appointed by the President for the time being of the New Zealand Law Society, in accordance with the Arbitration Act 1996 or any statute enacted in substitution of that Act and for the time being in force.

11. General Provisions

11.1 Nothing contained or implied in this Easement shall be construed so as:

(a) to compel the Grantee to exercise all or any of the rights granted by this Easement at any time and the Grantee may commence, discontinue or resume the exercise of all or any such rights at will; or

(b) to abrogate, limit, restrict or abridge any of the rights, powers or remedies vested in the Grantee by statute.

11.2 The Grantee shall pay the Grantor’s reasonable legal costs of the preparation, registration, variation and any surrender of this Easement.

11.3 The following provisions are applicable to the easement granted by this Easement:

(a) The rights, powers and privileges conferred on the Grantee by this Easement are in substitution for the definition of "Easement Facility" and the rights and powers set out in clauses 3–14 in Schedule 4 of the Land Transfer Regulations 2002 but the remaining provisions of the Land Transfer Regulations 2002 shall apply to this Easement;

(b) where there is a conflict between the provision of the Fifth Schedule of the Property Law Act 2007 and the Fourth Schedule of the Land Transfer Regulations 2002, the provisions of the Fifth Schedule of the Property Law Act 2007 will prevail;

(c) where there is a conflict between the provisions of the Fourth Schedule of the Land Transfer Regulations

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