NEW ZEALAND GAZETTE, No. 79 — 8 SEPTEMBER 2016

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;
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