NEW ZEALAND GAZETTE, No. 45 — 27 APRIL 2017

1. Any terms used in this easement that are defined in the Land Transfer Regulations 2002 ("Regulations") shall take those meanings.

2. Where there is a conflict between the provisions of Schedule 4 to the Regulations and the modifications in this Easement Instrument, the modifications must prevail.

3. The rights and powers set out in paragraph 3 of Schedule 4 to the Regulations shall apply provided however that:
   a. reference in clause 3(1) of the Regulations to the Dominant Land shall be deleted for the purpose of this Easement Instrument; and
   b. clause 3(3) shall be deleted.

4. Except as otherwise provided in this Clause, the Grantee must lay the easement facility or facilities under the ground within the Stipulated Course at such a depth that the easement facility or facilities will not interfere with the ordinary cultivation or cropping of the Servient Tenement and reference in clause (1)(a) of the Fourth Schedule of the above Regulations to above the ground shall be deleted for the purposes of this Easement Instrument except for such valves (the above ground structures) as are an essential requirement (in the opinion of the Grantee’s engineers acting reasonably) for the construction of the easement facilities.

5. The Grantor covenants with the Grantee not to place any buildings, erect fences or other permanent structures on the Stipulated Course (with the exception of any boundary fence existing at the date of the Easement or fencing of any above ground structures referred to in Clause 4 hereof) without the prior consent of the Grantee and subject to Clause 6 hereof, the Grantor will not at any time commit or suffer any acts whereby the rights, powers, licences and liberties hereby granted to the Grantee may be interfered with or affected.

6. The Grantor may disturb or permit to be disturbed the soil to a depth of 500mm from the surface of the Stipulated Course for the purpose of ordinary cultivation or cropping of the Servient Tenement.

7. The maintenance provisions in Schedule 4 to the Regulations are modified by adding the following:

   "Any maintenance, repair or replacement of the easement facilities whether on the servient tenement or similar facilities of the Grantee connected to the easement(s) that is necessary because of any act or omission by the Grantor (which includes agents, employees, contractors, subcontractors and invitees of that Grantor) must be carried out promptly by the Grantor and at the Grantor’s sole cost. Where the act or omission is the partial cause of the maintenance, repair or replacement, the costs payable by the Grantor responsible must be in proportion to the amount attributable to that act or omission (with the balance in accordance with Clause 11 of Schedule 4 of the Regulations)."

8. The Grantee may convey or discharge water in any quantities.

9. The Grantee’s rights to the easement facility or facilities under this easement are exclusive.

10. Nothing contained or implied by this easement shall be deemed to compel the Grantee to convey or discharge water along the Stipulated Course.

11. Any rights or immunities from liabilities, powers and remedies which the Grantee may have or be entitled to by virtue of statute or at common law shall not be affected by the easement and the Grantee may exercise any such other powers vested in it at common law or by statute independently of these grants of easement.

Fourth Schedule

Terms and Conditions of Easement

The Parties Further Agree:

1. Any terms used in this easement that are defined in the Land Transfer Regulations 2002 shall take those meanings.

2. Where there is a conflict between the provisions of the Fourth Schedule to the Land Transfer Regulations 2002 and the modifications in this Easement Instrument, the modifications must prevail.

3. Reference in clause 3(1) of the Fourth Schedule of the above Regulations to the Dominant Land shall be