NEW ZEALAND GAZETTE, No. 77 — 1 SEPTEMBER 2016

1. excavate the Easement Area, the Accessway and, if clause 2.1(e) applies, any other part of the Land, and remove vegetation (including trees), soil, earth, gravel and stone from the Easement Area;

2. temporarily exclusively occupy any part of the Easement Area, the Accessway and, if clause 2.1(e) applies, any other part of the Land, including temporarily fencing off the occupied area and temporarily preventing or restricting the Landowner’s access to the occupied area;

3. construct temporary hurdles and other temporary improvements on the Easement Area, the Accessway and, if clause 2.1(e) applies, any other part of the Land in order to allow the works to be undertaken safely and efficiently; and

4. remove water from the Easement Area, the Accessway and, if clause 2.1(e) applies, any other part of the Land, and discharge that water onto the Land but Transpower must first consult with the Landowner about the discharge of that water and obtain any necessary environmental approvals for the discharge of water.

5. Transpower does not have the right to:

   i. upgrade the Line to have a nominal operating voltage greater than the voltage specified in the Maximum Design Specifications;

   ii. construct more permanent poles forming part of the Line than the number specified in the Maximum Design Specifications;

   iii. relocate any pole forming part of the Line, but this clause does not prevent Transpower from relocating a pole in a catastrophic failure or to replace the pole, in which case the replacement pole must be located immediately adjacent to the existing pole site and must be located on the Easement Area (unless the parties agree otherwise);

   iv. increase the number of electricity circuits forming part of the Line to more than the number specified in the Maximum Design Specifications; or

   v. construct any towers to form part of the Line.

6. Transpower’s Obligations

3.1 When Transpower enters the Land, Transpower must:

a. respect and have regard to the Landowner’s use of the Land;

b. try to minimise disruption to the Landowner’s use of the Land;

c. restore any part of the surface of the Land that Transpower damages to as close to its prior condition as reasonably practicable and repair any other direct physical damage Transpower causes;

d. use Transpower’s best endeavours to prevent the outbreak and spread of fire; and

e. remove any debris Transpower creates in undertaking any works and otherwise leave any work sites in a tidy condition.

3.2 Transpower will compensate the Landowner for the Landowner’s loss resulting from:

a. any damage that Transpower causes to the extent that Transpower does not or cannot comply with clause 3.1(c); and

b. any trees that Transpower removes under clause 2.1(j) from outside the Easement Area.

3.3 In exercising Transpower’s rights under this Easement, Transpower may need to undertake earthworks and cause other disturbance to the Land. The Landowner acknowledges that such earthworks and other disturbance are not a breach of clause 3.1.

3.4 Transpower will meet the costs of:

a. managing trees on the Easement Area (including trimming or removing trees), apart from any costs resulting from trees planted by the Landowner in breach of this Easement;

b. controlling or removing weeds Transpower introduces to the Land, but no other weeds; and

c. maintaining the Line.

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