NEW ZEALAND GAZETTE, No. 42 — 12 MAY 2016

Easement to be Acquired

Part Lot 1 DP 51064 (Part Computer Freehold Register 614851); marked "A" on SO 488637.

Second Schedule

Terms and Conditions of Easement to be Acquired

1. The implied rights and powers in Schedule 4 to the Land Transfer Regulations 2002 ("Regulation Schedule") are implied in this instrument and are varied by the provisions set out below under the heading "Modified Provisions".

2. Where there is a conflict between the Modified Provisions hereunder and the provisions of the Regulation Schedule, the Modifications must prevail.

Modified Provisions

Right to Convey Water

1. The Grantee shall have the full free uninterrupted and unrestricted right at all times hereafter:
   a. to take and convey water in a free and unimpeded flow (except during periods of necessary cleaning and repairing) through the easement facility and over the servient land; and
   b. to lay, make, construct, maintain, alter or repair the easement facility from time to time as the Grantee shall think fit.

2. The easement facility referred to in 1(a) and (b) is the easement facility laid or to be laid along the area marked "A" on SO 488637.

Rights and Powers Applying to All Easements Created by this Instrument

1. The term of this easement is for 1,000 years from 1 April 2015.

2. That subclause (a) of the definition of "easement facility" in clause 1 of Schedule 4 of the Regulation Schedule is varied by adding the word "valves" after the word "means" in the first line.

3. That, without derogating from clause 10(2) of Schedule 4 of the Regulation Schedule:
   a. the Grantor shall not build, construct, erect or place any building or structure, including any gate or fence, nor undertake any work, including the creation of carparking or landscaping, nor deposit any fill on the easement facility or stipulated course or stipulated area except as designed, constructed or performed to the satisfaction of the Grantee;
   b. the Grantor shall not grant any easement or any other right over the stipulated course or stipulated area without the prior written consent of the Grantee which the Grantee may refuse where, acting reasonably, it believes that the granting of such easement or other right may interfere with the rights granted pursuant to this easement, or may grant consent on such conditions as it may reasonably require, including as to the depth and location of any pipes, cables for electricity, gas and communication to be laid on, in or through the stipulated course or stipulated area; and
   c. notwithstanding the provisions in clause 3(a) herein, the Grantor shall be entitled to grow grass, graze and crop the easement facility.

4. For the purpose of performing any duty or in the exercise of any rights implied in this easement instrument, the Grantee may:
   a. enter upon the servient land by the most practicable route from the nearest public street across any part of the servient land;
   b. remain on the servient land for a reasonable time for the purposes of completing any work;
   c. bring on to the servient land such materials, tools, equipment, machinery, vehicles or other things which may be necessary for the purposes of completing the necessary work;
   d. leave any vehicle or equipment on the servient land for a reasonable time if work is proceeding;
   e. sink and make trenches and shafts on the stipulated area;
   f. excavate any clay, gravel, shingle, stones and earth from the stipulated area;

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