State-Owned Enterprises (Cobb River Power Station Limited Vesting Order No. 1) Order 1999 MICHAEL HARDIE BOYS, Governor-General ORDER IN COUNCIL At Wellington this 28th day of June 1999 Present: The Right Hon. Jenny Shipley Presiding in Council Pursuant to section 28 of the State-Owned Enterprises Act 1986, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following order. A n a l y s i s 1. Title 2. Interpretation 3. Easement to store and release water 4. Easement to convey water 5. Particular right of way 6. Easement to convey telecommunications 7. Easement to convey electricity 8. Easement to drain and convey water 9. Profit prendre for quarry 10. Helicopter landing licence 11. General right of way in respect of servient land 12. Vesting of certain land 13. Registrar-General to register vestings 14. Statutory obligations S c h e d u l e s Schedule 1 Operating Easement Schedule 2 Land Subject to the Operating Easement Schedule 3 Easement to Convey Water Schedule 4 Land subject to the Easement to Convey Water Schedule 5 Right of Way Schedule 6 Further land subject to the right of Way Schedule 7 Easement to Convey Telecommunications Schedule 8 Telecommunications Easement Land Schedule 9 Easement to Convey Electricity Schedule 10 Land Subject to the Easement to Convey Electricity Schedule 11 Easement to Drain and Convey Water Schedule 12 Land Subject to the Easement to Drain and Convey Water Schedule 13 Profit Prendre for Quarry Schedule 14 Quarry Land Schedule 15 Helicopter Licence Schedule 16 Helicopter Landing Land Schedule 17 Provisions Relating to all Servient Land 1. Title This order may be cited as the State-Owned Enterprises (Cobb River Power Station Limited Vesting Order No. 1) Order 1999. 2. Interpretation (1) In this order, ``Construct'' includes install: ``Dams and structures'' means all the dams and associated structures (whether on the dominant land, on or near the operating easement land, or elsewhere) in respect of which the grantee is for the time being entitled to exercise the grantee's rights under the operating easement: ``Data'' includes images, impulses, information, instructions, intelligence, printing, signals, sounds, and writing, of any nature: ``Dominant land'' means the land specified in Schedule 2 as the dominant tenement: ``Drain'' includes (a) A pipeline or pipe; and (b) Any structure constructed for use in association with a drain: ``Drainage easement land'' means the land described as the servient tenement in Schedule 12: ``The drains'' means all drains for the time being on, under, through, and over the drainage easement land: ``Electricity easement land'' means the land described as the servient tenement in Schedule 10: ``Electricity transmission'' means the conveyance and transmission of electricity, of any frequency or voltage, for the operation, control, assessment or monitoring, of any or all of the following: (a) The dams and structures, improvements, and associated structures: (b) Any other structure and equipment of the grantee situated on or near the servient land; and ``to transmit electricity'' has a corresponding meaning: ``Enactment includes bylaw: ``Grantee'', in relation to an easement, profit prendre or licence vested by this order, <para0>(a) Means the holder for the time being of the easement, profit <aga> prendre or licence vested by this order in Cobb River Power Station Limited (whether by vesting by this order, by assignment, by operation of law, by succession, or by any o <para,0>(b) Includes the grantee's agents, consultants, contractors, employees, engineers, invitees, licensees, surveyors, tenants, and workers, and those of any parent company or subsidiary: <para,15>``Grantee's rights'' means the authorities, discretions, interests, liberties, licences, powers, remedies, and rights conferred on the grantee by this order; and ``grantee's right'' has a corresponding meaning: <para,15>``Grantor'', in relation to any part of the servient land, <para,0>(a) Means the owner of that part; but <para,0>(b) For so long as that part has not been alienated from Her Majesty the Queen in right of New Zealand, means Her Majesty acting through the Director-General of Conservation: <para,15>``Helicopter landing land'' means the land described in Schedule 16: <para,15>``Improvement'' means a channel, penstock, pipe, pipeline, syphon, or tunnel: <para,15>``The improvements and associated structures'' <para,0>(a) Means <para,31>(i) All improvements for the time being on, under, through, and over the tunnel easement land constructed under clause 1 (1) (a) of Schedule 3; and <para,31>(ii) All structures constructed on, under, through, and over the tunnel easement land under clause 1 (1) (b) of Schedule 3 for use in association with an improvement; and <para,0>(b) Includes all improvements and structures constructed on, under, through, and over the tunnel easement land before the vesting day to enable the conveyance or drainage of water from, to, along, on, under, through, and over the tunnel easement land: <para,15>``Line'' means any line component, or structure or system of line components: <para,15>``Line component'' means any coaxial cable, conductor, fibre-optic cable, or wire, of any kind, used or intended to be used for or in connection with electricity or telecommunications transmission; and includes <para,0>(a) Any casing, cross-arm, duct, fixture, foundation, ground-stay, insulator, pole, supporting structure, tower, tube, tunnel, underground piping, or other structure or material, used or intended to be used for enclosing, protecting supporting, <para,0>(b) Any associated capacitor, circuit-breaker, earthing device, fuse, system protection equipment, switch, transformer, or voltage regulator: <para,15>``Maintain'' includes reconstruct, repair, and upgrade: <para,15>``Operating easement'' means the easement to store and release water vested by clause 3: <para,15>``Operating easement land'' means the land described as the servient tenement in Schedule 2: <para,15>``Permission'' includes agreement, authority, consent, direction, licence, permit, and right: <para,15>``Power station'' means the Cobb Power Station: <para,15>``Quarry land'' means the land described in Schedule 14: <para,15>``Right of way'' means the right of way easement vested by clause 5: <para,15>``Right of way land'' means the land described as the servient tenement in Schedule 6: <para,15>``Servient land'' means the drainage easement land, the electricity easement land, the operating easement land, the helicopter landing land, the quarry land, the right of way land, the telecommunications easement land, and the tunnel easement lan <para,15>``Structure'' includes any boom, building, surge chamber, equipment, gate, line, tail race, screen, shaft, tank, or tunnel: <para,15>``Telecommunications easement land'' means the land described as the servient tenement in Schedule 8: <para,15>``Telecommunications transmission'' or ``telecommunications'' <para,0>(a) Means the conveyance, emission, reception, or transmission of data, at any frequency, by electrical, electro-magnetic, or electronic means; and <para,0>(b) Includes (without limitation) the conveyance, emission, reception, or transmission by such means of information or instructions for or relating to the assessment, control, monitoring, operation, or status of any or all of the following: <para,31>(i) The dams and structures, improvements, and associated structures: <para,31>(ii) Any other structure and equipment of the grantee situated on or near the servient land; <para,15> and ``to transmit telecommunications'' has a corresponding meaning: <para,15>``Tunnel easement land'' means the land described as the servient tenement in Schedule 4: <para,15>``Vesting day'' means 1 July 1999: <para,15>``Works'' includes <para,0>(a) The erection of any buildings, transmission poles or towers, or other structures (and any associated lines); and <para,0>(b) The installation of bores, drainage channels, inspection or monitoring wells, lines, pipes, water level or flow-monitoring equipment, or weirs, and any associated structures or works. <para,2>(2) All the land referred to in this order is situated in the Nelson Land Registration District. <para,2>(3) This order has effect as if - <para,15>(a) Every duty imposed by it on the grantor or the grantee is a covenant by the grantor or the grantee to perform the duty; and <para,15>(b) Every right given by it to the grantee in respect of the grantor is a covenant by the grantor to act in conformity with the right; and <para,15>(c) Every right given by it to the grantor in respect of the grantee is a covenant by the grantee to act in conformity with the right. <para,2>3. Easement to store and release water On the vesting day, there vests in Cobb River Power Station Limited an easement appurtenant to the dominant land <para,15>(a) Conferring, subject to the conditions and limitations set out in Schedules 1 and 17, <para,0>(i) The right to store water (in whatever quantities and at whatever times the grantee thinks fit) on or about the operating easement land; and <para,0>(ii) The right to release (in whatever quantities and at whatever times the grantee thinks fit) water stored on or about the operating easement land; and <para,0>(iii) The right to have access to and maintain the operating easement land for the purpose of storing and releasing water; and <para,0>(iv) The other rights over and in relation to the operating easement land conferred by Schedules 1 and 17; and <para,15>(b) Containing the covenants, on the part of the grantor and the grantee to be observed and performed, set out in Schedules 1 and 17. <para,2>4. Easement to convey water On the vesting day, there vests in Cobb River Power Station Limited an easement appurtenant to the dominant tenement described in Schedule 4 <para,15>(a) Conferring, subject to the conditions set out in Schedules 3 and 17, <para,0>(i) The right to convey and drain water (in whatever quantities and at whatever times the grantee thinks fit) from, to, along, over, through, and under the tunnel easement land; and <para,0>(ii) The right to have access to and maintain the tunnel easement land for the purpose of conveying and draining water; and <para,0>(iii) The other rights over and in relation to the tunnel easement land conferred by Schedules 3 and 17; and <para,15>(b) Containing the covenants, on the part of the grantor and the grantee to be observed and performed, set out in Schedules 3 and 17. <para,2>5. Particular right of way On the vesting day, there vests in Cobb River Power Station Limited an easement appurtenant to the dominant tenement described in Schedule 6 <para,15>(a) Conferring, subject to the conditions set out in Schedules 5 and 17, <para,0>(i) For all purposes necessary or convenient for exercising the grantee's rights (other than the rights created by this clause and Schedule 5), the free and unfettered right at all times to go along, on, over, and through the right of way land; and <para,0>(ii) The right to maintain the right of way land so that the rights referred to in subparagraph (i) can be exercised; and <para,0>(iii) The other rights over and in relation to the right of way land conferred by Schedules 5 and 17; and <para,15>(b) Containing the covenants, on the part of the grantor and the grantee to be observed and performed, set out in Schedules 5 and 17. <para,2>6. Easement to convey telecommunications On the vesting day, there vests in Cobb River Power Station Limited an easement appurtenant to the dominant tenement described in Schedule 8 <para,15>(a) Conferring, subject to the conditions set out in Schedules 7 and 17, <para,0>(i) The right to use the telecommunications easement land to transmit telecommunications; and <para,0>(ii) The right to change the capacity of, change the size of, construct, erect, inspect, investigate, lay, maintain, or replace, any line on, over, or under the telecommunications easement land; and <para,0>(iii) The right to use any line constructed, erected, or laid on, over, or under the telecommunications easement land (before or after the vesting day) to transmit telecommunications (in whatever quantities, of whatever characteristics, and at whatever times, the grantee thinks fit); and <para,0>(iv) For the purpose of doing anything specified in any of subparagraphs (i) to (iii), to enter and remain on the telecommunications easement land; and <para,0>(v) For the purpose of doing anything specified in any of subparagraphs (i) to (iii), to open up the soil of the telecommunications easement land, and make any necessary batters, cuttings, and trenches; and <para,0>(vi) For the purpose of doing anything specified in any of subparagraphs (i) to (iii), to conduct any survey on the telecommunications easement land; and <para,0>(vii) The other rights over and in relation to the telecommunications easement land conferred by Schedules 7 and 17; and <para,15>(b) Containing the covenants, on the part of the grantor and the grantee to be observed and performed, set out in Schedules 7 and 17. <para,2>7. Easement to convey electricity On the vesting day, there vests in Cobb River Power Station Limited an easement appurtenant to the dominant tenement described in Schedule 10 <para,15>(a) Conferring, subject to the conditions set out in Schedules 9 and 17, <para,0>(i) The right to use the electricity easement land to transmit electricity; and <para,0>(ii) The right to change the capacity of, change the size of, construct, erect, inspect, investigate, lay, maintain, or replace, any line on, over, or under the electricity easement land; and <para,0>(iii) The right to use any line constructed, erected, or laid on, over, or under the electricity easement land (before or after the vesting day) to transmit electricity (in whatever quantities, of whatever characteristics, and at whatever times, the grantee thinks fit); and <para,0>(iv) For the the purpose of doing anything specified in any of subparagraphs (i) to (iii), to enter and remain on the electricity easement land; and <para,0>(v) For the the purpose of doing anything specified in any of subparagraphs (i) to (iii), to open up the soil of the electricity easement land, and make any necessary batters, cuttings, and trenches; and <para,0>(vi) For the the purpose of doing anything specified in any of subparagraphs (i) to (iii), to conduct any survey on the electricity easement land; and <para,0>(vii) The other rights over and in relation to the electricity easement land conferred by Schedules 9 and 17; and <para,15>(b) Containing the covenants, on the part of the grantor and the grantee to be observed and performed, set out in Schedules 9 and 17. <para,2>8. Easement to drain and convey water On the vesting day, there vests in Cobb River Power Station Limited an easement appurtenant to the dominant tenement described in Schedule 12 <para,15>(a) Conferring, subject to the conditions set out in Schedules 11 and 17, <para,0>(i) The right to drain and convey water (in whatever quantities and at whatever times the grantee thinks fit) from, to, along, over, through, and under the drainage easement land; and <para,0>(ii) The right to change the capacity of, change the size of, construct, inspect, investigate, lay, maintain, or replace, any drain on, over, or under the drainage easement land; and <para,0>(iii) The right to use any drain constructed or laid on, over, or under the drainage easement land (before or after the vesting day) to drain and convey water (in whatever quantities and at whatever times the grantee thinks fit); and <para,0>(iv) For the purpose of doing anything specified in any of subparagraphs (i) to (iii), to enter and remain on the drainage easement land; and <para,0>(v) For the purpose of doing anything specified in any of subparagraphs (i) to (iii), to open up the soil of the drainage easement land, and make any necessary batters, cuttings, and trenches; and <para,0>(vi) For the purpose of doing anything specified in any of subparagraphs (i) to (iii), to conduct any survey on the drainage easement land; and <para,0>(vii) The other rights over and in relation to the drainage easement land conferred by Schedules 11 and 17; and <para,15>(b) Containing the covenants, on the part of the grantor and the grantee to be observed and performed, set out in Schedules 11 and 17. <para,2>9. Profit <ag,a> prendre for quarry On the vesting day, there vests in Cobb River Power Station Limited a profit <ag,a> prendre for all time <para,15>(a) Conferring, subject to the conditions and limitations set out in Schedules 13 and 17, <para,0>(i) The right to quarry, process, and take rock and gravel (in whatever quantities, of whatever characteristics, and at whatever times, the grantee sees fit) on and from the quarry land; and <para,0>(ii) The right to have access to the quarry land so that the right referred to in subparagraph (i) can be exercised; and <para,0>(iii) The other rights over and in relation to the quarry land conferred by Schedules 13 and 17; and <para,15>(b) Containing the covenants, on the part of the grantor and the grantee to be observed and performed, set out in Schedules 13 and 17. <para,2>10. Helicopter landing licence On the vesting day, there vests in the Cobb River Power Station Limited a licence for all time <para,15>(a) Conferring, subject to the conditions set out in Schedules 15 and 17, <para,0>(i) A licence allowing the grantee to use helicopters on the helicopter landing land, including hovering above and landing on and taking off from the helicopter landing land; and <para,0>(ii) The right to have access to and maintain the helicopter landing land so that the right referred to in subparagraph (i) can be exercised; and <para,0>(iii) The other rights over and in relation to the helicopter landing land conferred by Schedules 15 and 17; and <para,15>(b) Containing the covenants, on the part of the grantor and the grantee to be observed and performed, set out in Schedules 15 and 17. <para,2>11. General right of way in respect of servient land (1) On the vesting day, there vests in Cobb River Power Station Limited an easement appurtenant to the dominant land <para,15>(a) Conferring, subject to the conditions set out in Schedule 17, <para,0>(i) For all purposes necessary or convenient for exercising the grantee's rights created by clause 6 and Schedule 7, the free and unfettered right at all times to go along, on, over, and through the servient land; and <para,0>(ii) The other rights over and in relation to the servient land conferred by Schedule 17; and <para,15>(b) Containing the covenants, on the part of the grantor and the grantee to be observed and performed, set out in Schedules 5 and 17. <para,2>12. Vesting of certain land On the vesting day, Parcel D, S.O. 15463 vests in Cobb River Power Station Limited. <para,2>13. Registrar-General to register vestings The Registrar-General of Land must take all steps, and make all entries in the registers, necessary to give effect to the vestings effected by this order. <para,2>14. Statutory obligations No grantee's right authorises the grantee <para,15>(a) To do any thing that is contrary to any enactment; or <para,15>(b) To do without the required permission any thing that is contrary to any enactment unless permission has been obtained under the enactment; or <para,15>(c) To do, with the required permission but otherwise than in accordance with any condition or requirement subject to which that permission was granted, any thing that is contrary to any enactment unless permission has been obtained under the enactment. S c h e d u l e s Schedule 1 Clause 3 Operating Easement <para,1>1. Water may be stored and retained (in accordance with any resource consents or other statutory or regulatory consents or approvals held by the grantee) up to operating levels determined from time to time by the grantee in its sole discretion; but <para,15>(a) If unusually heavy rain, an unusually heavy inflow of water, or any other event beyond the reasonable control of the grantee, affects water levels, the grantee may store and retain water on or about the operating easement land up to the designed flood level of the dams and structures; and <para,15>(b) If lawfully directed or requested to do so by a civil defence authority, or if required in any other case beyond the grantee's reasonable control, the grantee may store and retain water beyond the designed flood level. <para,2>2. To the extent that the operating easement land forms the bed of any natural waterway, <para,15>(a) The grantee may from time to time (in accordance with any resource consents or other statutory or regulatory consents or approvals held by the grantee) discharge water into that waterway or onto the operating easement land; and