NEW ZEALAND GAZETTE, No. 77 — 1 SEPTEMBER 2016

3.6 The Grantee has no obligation to construct the Works or to convey electrical energy and power or telecommunications through them, after construction, continuously or at all provided that this clause 3.6 shall not derogate from any obligation of the Grantee to surrender the Easement if the Easement is no longer required for a public work under the Public Works Act 1981.

3.7 In the event that the Grantee shall clear the Easement Area and/or any other part of the Land or opens up the soil of same as contemplated by clauses 2.1.7 and/or 2.1.8 hereof, the resulting material shall be removed by the Grantee from the Land and deposited off-site at the expense in all things of the Grantee unless the Grantor and the Grantee shall otherwise agree.

4. Grantor’s Rights

4.1 Subject to the restrictions set out in this Easement the Grantor may use, occupy and enjoy, for normal farming operations including grazing, cropping and horticulture to a maximum height of 2.5 metres, that part of the surface of the Easement Area which is not occupied by the Works.

5. Grantor’s Obligations

5.1 The Grantor must not, without the prior written consent of the Grantee (which will not be unreasonably withheld or delayed), do, procure, assist or allow the following to be done:

5.1.1 alter or disturb the present grades and contours of the surface of the Easement Area except in the course of normal farming and grazing operations (but subject to the restrictions set out in this Easement);

5.1.2 erect any building or other structure (including fences) on the Easement Area;

5.1.3 plant any vegetation on the Easement Area (excluding pasture, crops and horticulture to a maximum height of 2.5 metres);

5.1.4 operate any Equipment or Vehicles on the Easement Area within a minimum clearance distance of 4 metres from any electricity transmission line conductor;

5.1.5 excavate or deposit material on the Easement Area;

5.1.6 impede the Grantee’s access over the Easement Area and any access routes over the Land or damage the surface of the access routes;

5.1.7 knowingly cause or permit flooding of the Easement Area except where such flooding occurs naturally and is beyond the control of the Grantor;

5.1.8 light any fires or burn off vegetation within the Easement Area;

5.1.9 do any other thing on the Land which may cause damage to the Works or endanger the continuity or safety of the supply and distribution of electricity or otherwise impede, interfere with or prejudice any right of the Grantee set out in clause 2.1.

6. Access

6.1 Where the Grantee together with or through its engineers, consultants, employees, contractors, workmen and anyone else authorised by the Grantee intends to enter upon the Land to exercise and give effect to the rights of the Grantee as listed in clauses 2.1.1 through 2.1.9 of this Easement the Grantee must give at least 10 Working Days’ notice ("Entry Notice") to the Grantor except in an Emergency Situation, when prior notice is not required and the provisions of clause 6.6 of this Easement apply.

6.2 An Entry Notice is to identify the Works the Grantee intends to carry out, with the Entry Notice to specify:

6.2.1 the location of the proposed entry;

6.2.2 the area on which the Works will be undertaken by the Grantee;

6.2.3 the nature of the Works to be undertaken;

6.2.4 the date and time of initial entry;

6.2.5 the length of time that the Grantee expects to be on the Land; and

6.2.6 the nature of all other works that are to be undertaken on the Land in accordance with the rights taken pursuant to clause 2.1.

6.3 Upon receipt of an Entry Notice from the Grantee of its intention to exercise the right of entry provided for in clause 6.1 the Grantor may set reasonable conditions relating to the timing of entry and the access route but those conditions may not:

6.3.1 delay the exercise of entry by the Grantee by more than 15 Working Days; or

6.3.2 require monetary or other consideration; or

6.3.3 otherwise defeat the ability of the Grantee to exercise effectively the rights taken under this Easement.

6.4 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