NEW ZEALAND GAZETTE, No. 79 — 8 SEPTEMBER 2016

power to terminate the Easement or any of Transpower’s rights under this Easement for any reason.

11.4 Transpower will surrender the Easement when the Easement is no longer required by Transpower. Transpower will prepare, sign and register all documents necessary to surrender the Easement and the Landowner will promptly sign and deliver the documents when called upon to do so by Transpower.

11.5 The Landowner must at all times comply with all the Landowner’s legal requirements relating to the Line.

11.6 Transpower must at all times comply with all Transpower’s legal requirements relating to the Line.

11.7 If any part of this Easement is held to be illegal, void or unenforceable, such determination will not affect the enforceability of the remaining parts of this Easement.

11.8 Any waiver by either party of any provision of this Easement will only be effective if it is given in writing and then only effective to the extent that it is expressly stated to be given.

11.9 Any failure, delay or indulgence by either party in exercising any power or right under this Easement will not operate as a waiver of that power or right. A single or partial exercise of any power or right by either party under this Easement will not prevent further exercises of that power or right or the exercise of any other power or right.

11.10 The rights and powers implied by the Fourth Schedule to the Land Transfer Regulations 2002 and the Fifth Schedule to the Property Law Act 2007 are expressly negatived and do not apply to the Easement.

12. Definitions Used in this Easement

12.1 In this Easement, unless the context requires otherwise:

a. "Accessway" means the accessway shown on the plan held by Transpower (available on request);

b. "Easement Area" means the parts of the Land marked "A" on SO 476171;

c. "Emergency" means a situation:
i. involving possible danger to human life or property;
ii. where the Line is or may be electrically unsafe; or
iii. involving an existing or potential electricity outage;

d. "Equipment" includes cables, lines, wires, cranes, drilling rigs, plant, tools and machinery and all material and items required for the purpose of exercising any of Transpower’s rights under this Easement but, to avoid doubt, excludes any culverts and bridges constructed by Transpower under clause 2.1(h);

e. "Land" means the land described as Lot 42 DP 82 (Computer Freehold Register SL6B/1229);

f. "Line" means an electricity transmission line including all or any part of that line, including:
i. electricity conductors, wires and earthwires;
ii. poles, foundations, ground stays and supports;
iii. insulators, repeaters, devices, appliances, antennas and metering devices; and
iv. other apparatus, structures, fixtures and Equipment which Transpower considers necessary or useful to give effect to Transpower’s rights and obligations under this Easement;

g. "Maximum Design Specifications" means the following details of the Line:
i. The nominal operating voltage is 220 kilovolts;
ii. the maximum number of permanent poles is five; and
iii. the maximum number of circuits is two;

h. "Vehicles" includes four wheel drives, motorbikes, cars and trucks, tractors, trailers, graders, pile drivers, drilling rigs, cranes, helicopters, aircraft, excavation and earthmoving equipment, whether wheeled or tracked; and

i. "Working Day" means any day of the week excluding Saturday, Sunday, national statutory holidays and the anniversary days commonly observed in Wellington and the locality in which the Land is situated.

13. Interpreting this Easement

13.1 In this Easement, unless the context requires otherwise:

a. singular includes plural and vice versa;

b. headings in this Easement are inserted for convenience only and are to be ignored when interpreting a clause; and

c. derivations of defined terms have similar meanings to the defined terms.

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