NEW ZEALAND GAZETTE, No. 104 — 12 OCTOBER 2017

require including as to the depth and location of any pipes, cables for electricity, gas and communication to be laid on in or through the stipulated course or stipulated area.

3. That clause 11(1) of the Regulation Schedule is negatived. The Grantee is responsible for arranging the repair and maintenance of the easement facility and the stipulated course and for the associated costs, so as to keep the facility and stipulated course in good order and to prevent it from becoming a danger or nuisance. The parties agree that if the Grantor damages the easement facility then the Grantee shall be entitled to repair the easement facility and the Grantor shall be liable to pay to the Grantee the costs incurred in completing such repairs.

4. For the purpose of performing any duty or in the exercise of any rights implied in this Easement Instrument, the Grantee may:

   a. Enter upon the servient land by the most practicable route from the nearest public street across any part of the servient land;

   b. remain on the servient land for a reasonable time for the purposes of completing any work;

   c. bring on to the servient land such materials, tools, equipment, machinery, vehicles or other things which may be necessary for the purposes of completing the necessary work;

   d. leave any vehicle or equipment on the servient land for a reasonable time if work is proceeding;

   e. sink and make trenches and shafts on the stipulated area;

   f. excavate any clay, gravel, shingle, stones and earth from the stipulated area;

   g. inspect, maintain, cleanse, repair, extend, remove, enlarge or replace the easement facility; and

   h. generally do and perform such acts and things in or upon the stipulated area as may be necessary or proper for or in relation to any of the purposes of this easement.

5. The Grantee shall:

   a. Give the Grantor reasonable notice in writing of its intention to perform any work (including inspection) on the Easement Facility unless an extreme emergency requires immediate action;

   b. remove and carry away all surplus clay, gravel, shingle, stones and earth which may be excavated from the stipulated area;

   c. upon the Grantee disturbing the surface of the stipulated area for any reason, without delay restore the same as nearly as possible to its original condition; and

   d. repair and make good any damage which may be done to any fence, building or improvement, or to any part of the Grantor’s land, in the exercise by the Grantee of any of the rights granted by this Easement Instrument, but the Grantee shall not be responsible for the cost of removing or damaging any fence, building or improvements or trees upon, or any tree roots growing within, the stipulated area, as prohibited under clause 2.

6. The Easement Facility and any other structures, plant or equipment erected or installed by the Grantee on the stipulated area shall be the property of the Grantee.

7. Nothing contained or implied in this Easement Instrument shall be construed so as:

   a. To compel the Grantee to exercise all or any of the rights granted by this Easement Instrument at any time and the Grantee may commence, discontinue or resume the exercise of all or any such rights at will; or

   b. to abrogate, limit, restrict or abridge any of the rights, powers or remedies vested in the Grantee by statute.

Dated at Wellington this 4th day of October 2017.

C. ANDERSON, for the Minister for Land Information.

(LINZ CPC/2005/10908)

2017-ln5244

55