NEW ZEALAND GAZETTE, No. 77 — 1 SEPTEMBER 2016

3.5 Transpower will, upon request, provide to the Landowner a copy of the plan showing the Accessway.

4. Access Tracks

4.1 If Transpower constructs, modifies or upgrades any access track (including culverts and bridges) under clause 2.1(h), Transpower will at Transpower’s cost:

a. maintain the access track to the standard Transpower requires; and

b. repair any damage Transpower causes to the access track.

4.2 If the Landowner damages any access track (including culverts and bridges) that Transpower has constructed, modified or upgraded under clause 2.1(h), Transpower may recover the cost of repairing that damage from the Landowner.

4.3 All access tracks (including culverts and bridges) that Transpower constructs, modifies or upgrades under clause 2.1(h) will form part of the Land and will be the Landowner’s property (unless the parties agree otherwise in writing).

5. Notices

5.1 Transpower will give the following notice to the Landowner:

a. before entering the Land to inspect the Line, Transpower will give the Landowner at least 5 Working Days’ notice; and

b. before entering the Land for any other purpose allowed by this Easement, Transpower will give the Landowner at least 10 Working Days’ notice in writing.

5.2 If Transpower gives the Landowner notice under clause 5.1, the Landowner may set reasonable conditions on Transpower’s entry onto the Land but:

a. the Landowner must inform Transpower of the Landowner’s conditions at least 2 Working Days before Transpower’s proposed date of entry; and

b. the Landowner’s conditions must not:

i. delay Transpower’s entry by more than 15 Working Days;

ii. require the payment of money or any other consideration by Transpower; or

iii. defeat Transpower’s ability to exercise effectively Transpower’s rights under this Easement.

5.3 In an Emergency, Transpower may enter the Land without giving prior notice to the Landowner under clause 5.1 but:

a. Transpower must give notice to the Landowner as soon as possible following Transpower’s entry and no later than 5 Working Days following Transpower’s entry; and

b. Transpower must comply with all other provisions of this Easement relating to Transpower’s entry.

5.4 Transpower must advise the Landowner in its notice under clause 5.1 if Transpower proposes to enter the Land by air.

5.5 The Landowner must advise any tenant of the Land of Transpower’s proposed entry onto the Land if Transpower gives the Landowner notice under clause 5.1. If the Landowner has notified Transpower of any tenant of the Land, Transpower may send a copy of Transpower’s notice directly to that tenant.

6. Land Use Obligations

6.1 Because of the electrical nature of the Line and the need for Transpower to have regular access to the Line, the Landowner must not, without first obtaining Transpower’s written consent, do or allow any of the following to be done:

a. excavate or deposit material on the Easement Area or the Accessway or otherwise alter or disturb the grades and contours of the surface of the Easement Area or the Accessway;

b. erect any building or other structure (including fences and utility structures) on the Easement Area or the Accessway;

c. plant any vegetation on the Easement Area that will or may when fully grown exceed 2.5 metres in height or breach any legal requirement applying from time to time regarding vegetation near the Line;