NEW ZEALAND GAZETTE, No. 45 — 27 APRIL 2017

partial cause of the maintenance, repair or replacement, the costs payable by that owner responsible must be in proportion to the amount attributable to that act or omission (with the balance in accordance with Clause 11 of the Fourth Schedule)."

7. The Grantee may convey water in any quantities.

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

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

10. 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.

Sixth 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 ("Regulations") shall take those meanings.

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

3. Reference in clause 3(1) of the Schedule 4 to the Regulations to the words "to the Dominant Land" shall be deleted for the purpose of this Easement Instrument.

4. Clause 3(3) of the Schedule 4 to the Regulations shall be deleted for the purpose of this Easement Instrument.

5. The Grantor covenants with the Grantee not to place any buildings, erect fences or other permanent structures on the Stipulated Course without the prior consent of the Grantee and 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 maintenance provisions in the Fourth Schedule 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 the Fourth Schedule)."

7. The Grantee may convey water in any quantities.

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

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

10. 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.

11. The parties agree that any pipeline and easement facility(s) shall be constructed underground and that no part of any pipeline or any associated facility for the conveyance of water across the servient tenement shall be closer than one metre to the surface of the land it passes under except in the case of open drains where the minimum depth shall be not less than 600mm beneath the bed of the drain.

Dated at Wellington this 19th day of April 2017.

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