Electricity Easement Terms




NEW ZEALAND GAZETTE, No. 77 — 1 SEPTEMBER 2016

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.

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



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Online Sources for this page:

Gazette.govt.nz PDF NZ Gazette 2016, No 77





✨ LLM interpretation of page content

🗺️ Electricity Easement in Gross Taken — GOR–TEE A Transmission Line Project, Gore District (continued from previous page)

🗺️ Lands, Settlement & Survey
18 August 2016
Electricity Easement, Transmission Line, Gore District, Transpower, Rights, Obligations, Access Tracks, Notices, Land Use Obligations