NEW ZEALAND GAZETTE, No. 77 — 1 SEPTEMBER 2016

d. plant any vegetation on the Accessway that will impede Transpower’s access along the Accessway;

e. operate any Equipment or Vehicles on the Easement Area within a minimum clearance distance of 4 metres from any conductor forming part of the Line;

f. impede Transpower’s access along the Easement Area or the Accessway or, if Transpower is exercising Transpower’s rights under clause 2.1(e), the Land;

g. cause the Easement Area or the Accessway to be flooded;

h. light any fires (including burning-off vegetation) on the Easement Area;

i. subdivide the Land in a way that:
i. may prevent Transpower’s use of the Easement Area or the Accessway under this Easement;
ii. prevents Transpower’s access along the Accessway (unless the subdivision application makes provision for alternative legal access which Transpower considers suitable); or
iii. creates allotments which are only capable of being efficiently used in a way that requires the construction of buildings or other structures on the Easement Area; and

j. any other thing on the Land which may interfere with or restrict Transpower’s rights under this Easement or the efficient operation of the Line, cause damage to the Line or endanger the continuity or safety of the supply and distribution of electricity.

6.2 This Easement does not stop the Landowner from applying fertiliser to the Land (including the Easement Area). Transpower will not hold the Landowner liable for any damage to the Line or any losses Transpower suffers which result from the Landowner’s application of fertiliser.

6.3 This Easement does not stop the Landowner from continuing to use the Land for normal cropping or grazing provided that the Landowner complies with clause 6.1.

7. Breach of the Landowner’s Obligations

7.1 If the Landowner breaches any of the Landowner’s obligations in this Easement, Transpower may:

a. give notice to the Landowner of the breach and, if reasonable in the circumstances, give the Landowner a reasonable period to remedy the breach; and

b. if it is not reasonable in the circumstances for Transpower to allow the Landowner a reasonable period to remedy the breach or if the Landowner does not remedy the breach within a reasonable period following Transpower’s notice, Transpower may:
i. take all reasonable steps to remedy the breach; and
ii. recover the direct costs of remedying the breach from the Landowner as a debt.

8. Health and Safety

8.1 Transpower will be responsible for the health and safety of any person who enters the Land at Transpower’s request to the maximum extent allowed by law.

8.2 Transpower will comply with all reasonable rules and procedures that the Landowner gives to Transpower regarding the health and safety of persons on the Land and the identification and mitigation of hazards.

9. Indemnity and Liability

9.1 Transpower indemnifies the Landowner against:

a. any physical damage to the Land or anything located on the Land (other than damage resulting from or caused by interruptions to the supply of electricity or variations in the quality of electricity); and

b. any damage to a third party for which a claim is successfully brought against the Landowner;

where that damage is caused by Transpower’s act or omission in breach of this Easement or caused by Transpower’s negligence.

9.2 The indemnity in clause 9.1(b) will only apply if the Landowner advises Transpower of the claim by the third party immediately when the Landowner becomes aware of the claim. In respect of the claim by the third party, the Landowner agrees that:

a. Transpower has the sole right to act in the Landowner’s name in respect of the claim, at Transpower’s

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