NEW ZEALAND GAZETTE, No. 92 — 27 AUGUST 2015

therefore needs to reserve certain rights in relation to the Easement Facility and impose certain obligations on the Grantor in relation to the Servient Land.

6. The Stormwater Corridor, the Stormwater manholes and the Stormwater culvert are integral parts of the Easement Facility.

Grantor’s Obligations

7. The Grantor may have access to and over the Stipulated Area subject to:
   a. compliance with this Easement Instrument; and
   b. any direction to the contrary from the Grantee.

8. The Grantor must not (nor allow any other person to do so):
   a. modify the shape or height of the Stormwater corridor;
   b. dig, cut, excavate or undermine the Stormwater corridor;
   c. fill in the Stormwater manhole and Stormwater culvert or otherwise hinder, obstruct or impede the flow of water in the Stormwater culvert;
   d. construct, lay, or erect anything on, through, under or over the Stipulated Area except as permitted in clause 9 of this Easement Instrument;
   e. discharge any liquid into the Stormwater culvert or do anything (including, without limitation, new drainage from existing buildings, new impermeable areas, developments and subdivision on the Servient Land) which might create any new source of drainage which might discharge into the Stormwater culvert;
   f. plant any vegetation, except grass and shrubs, on the Stipulated Area;
   g. any other thing;
   which, or to the extent that, in the Grantee’s reasonable opinion would endanger the Easement Facility, or impede, frustrate or hinder the Easement Facility achieving the purpose in clause 4, or the Grantee exercising any rights under this Easement Instrument.

9. The Grantor may construct or permit to be constructed on the Stipulated Area any improvement, including a vehicle crossing, that is not a building or structure of any kind or any improvement that would prevent access for repair and/or maintenance of the Easement Facility.

Fifth Schedule

Purpose for Which Leasehold Estate is Required

The lease is required to allow the Crown to occupy the lease land during the construction of the project. The lease land will be used for access to the bridge, construction of swale and sediment pond, access to construction sites and such other purpose or purposes reasonably required for construction of the project.

Terms of the Leasehold Estate

1. The definitions detailed in the Fourth Schedule of this document shall apply to the terms of this Fifth Schedule.

2. For the purpose of the lease, any reference to the Crown includes its employees, engineers, assistants, consultants, contractors and authorised invitees.

3. The lease term shall commence on the day after the conclusion of court Proceedings ENV-2014-WLG-000043/44 and shall terminate two years after that date ("term").

4. The registered proprietor shall be entitled to receive a current market rent for the term, such rate to be determined by a registered valuer and agreed between the parties or otherwise in accordance with the Public Works Act 1981 at the commencement of the lease.

5. Notwithstanding the term created, the Crown may terminate the lease at any time by giving the registered proprietor one month’s notice in writing.

6. The Crown shall have the right to occupy the lease land for the term and for the avoidance of doubt such right shall include the right to enter and re-enter the lease land at all times, with or without such vehicles,

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