In this Agreement, unless the context otherwise requires,—

The Grantee may store, retain, and release water within the operating levels established from time to time under the terms of resource consents or other regulatory consents or approvals imposed on the Grantee that relate to the land.

In the event of unusually heavy inflow of water or rainfall onto the land beyond the reasonable control of the Grantee, the Grantee may, and must if lawfully directed or requested to do so by any civil defence authority or the Tasman District Council acting in its statutory capacity as a unitary authority, store or retain water on the land beyond the operating levels.

The Grantee may carry out planting of vegetation on or about the land with a view to limiting or minimising erosion, land slippage, and flooding, so long as the plantings are in keeping with the character of the land.

The Grantee must use reasonable endeavours to reduce erosion, land slippage, and landslides on the land by available practical and economic means.

The Grantee must, except in the case of an emergency, obtain the consent of the Grantor before planting vegetation or undertaking works on the land under subclause (1) or (2), which consent must not be unreasonably withheld or delayed.

The Grantee may remove from any water on or about the land or remove from any part of the land any sediment or other material or any vegetation that, in the opinion of the Grantee, is causing, or is likely to cause, an impediment or danger, injury, or damage to persons or property.

Before carrying out the work, the Grantee must, except in the case of an emergency or due compliance with statutory, regulatory, or resource consent requirements, first obtain the consent of the Grantor.

For the purpose of exercising any of the rights granted or duties imposed under this easement, the Grantee has the right by its employees and contractors to enter and operate any vessel, plant, or equipment upon any water on the land and the land itself.

The Grantee must not restrict public access to the land under this easement except to the extent that is necessary in the interests of public safety.

The Grantee has the right of access to do any acts and things that are reasonably necessary for the better enjoyment of the rights expressly and impliedly granted by this easement.

The Grantee must obtain and comply with all statutory and regulatory consents required from time to time to exercise its rights under this easement.

The Grantee is entitled to apply for any resource consents required for the purpose of the exercise of any of the Grantee’s rights under this easement in the same manner as if it were the registered proprietor of the land.

The Grantee must not fence any part of the land, unless it is required as a reasonable condition of the Grantor’s consent when granting any approval under this easement.

The Grantee may assign or transfer its rights and obligations under this easement, without the consent of the Grantor, to any council-controlled organisation that is controlled by the Council, either alone or together with any other local authority.

Upon notification to the Grantor of an assignment or a transfer, the provisions of this easement will cease to be binding upon the assignor or transferor, but without prejudice to the assignor’s or transferor’s liability for any prior breach of covenant under this easement.

This easement may be varied only with the written consent of the Grantor and the Grantee.

If any dispute arises between the Grantor and the Grantee concerning the rights created by this easement, the parties will enter into negotiations in good faith to resolve their dispute.

If the dispute is not resolved within 1 month of the date on which the parties begin their negotiations, the parties may submit to the arbitration of an independent arbitrator appointed jointly by the parties and, if one cannot be agreed upon within 14 days, to an independent arbitrator appointed by the President of the New Zealand Law Society.