NEW ZEALAND GAZETTE, No. 77 — 1 SEPTEMBER 2016

the Grantee so that at the conclusion of the construction of the Works such roads and/or access tracks are left in as nearly as possible the same condition as they were in at the time of first entry onto the Land by the Grantee;

2.1.5.3 if the Grantee in the exercise of access to the Easement Area for the purposes of inspection, use, repair, maintenance, renewal, alteration, replacement, upgrading, addition to or modification of the Works uses roads and/or access tracks on the Land it shall at the conclusion of such period of access repair and/or maintain those roads and/or access tracks to ensure that the same are left in as nearly as possible the same condition as they were in at the time of the commencement of the exercise of the Grantee’s rights hereunder;

2.1.6 to Construct gates within fences (including boundary fences) located on the Land and to inspect, use, repair, maintain, renew, alter, remove and modify those gates at the cost of the Grantee to the extent that is reasonably necessary for the Grantee to exercise its rights under this Easement;

2.1.7 to clear and keep the Easement Area clear of trees, shrubs, vegetation, structures (including fences), earth, gravel and stone, and to clear and keep such other part of the Land as is reasonably necessary in the circumstances clear of any trees, shrubs, vegetation, structures (including fences), soil, earth, gravel and stone which is or is likely to be or become, in the reasonable opinion of the Grantee, a danger or hazard to the safety or operation of the Works, will impede the Grantee’s access to the Works or will otherwise interfere with the Grantee’s rights under this Easement;

2.1.8 to open up the soil of the Easement Area and excavate or remove timber, vegetation, soil, earth, gravel and stone from the Easement Area to the extent necessary for the Grantee to exercise its rights under this Easement; and

2.1.9 to temporarily occupy any part of the Land that is reasonably necessary in the circumstances in order for the Grantee to exercise any of its 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 3.1 of this Easement).

2.2 In undertaking any one or more of the rights and powers taken the Grantee:

2.2.1 may use its nominated employees, agents, consultants or contractors to perform the Works;

2.2.2 will meet the full costs of the Works it undertakes;

2.2.3 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 6.1 and 6.2 of this Easement.

3. Grantee’s obligations

3.1 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 herein. 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.

3.2 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 3.1, 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.

3.3 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.

3.4 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.

3.5 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.

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