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Memorandum of Encumbrance  

Author:  | Contracts, New Zealand

[This appears to be for the “West Wind” project, commissioned in 2009. Excerpts:]

Encumbrancee [Meridian Energy] intends to undertake the Development on the Development Land.

The Encumbrancer [New Zealand Forestry Group] has agreed to the covenant set out in the Third Schedule to this Encumbrance (Covenant) requiring the Encumbrancer to support any resource consent or other applications made by Encumbrancee relevant to the Development, and not to object to, prevent, prohibit, in any way interfere with or restrain the Development, or oppose any application for resource consent or other authority or consent required by Encumbrancee in respect of the Development.

The obligations and rights set out in this Encumbrance must be complied with and may be exercised for the period of 999 years commencing on the date of execution of this Encumbrance.

The Encumbrancer will not:

  • complain about, raise any objection, lodge any submission in opposition, lodge any appeal or legal proceedings or take any other action relating to the Encumbrancee’s use (including future use) in respect of the Development and in particular any effects relating to the Encumbrancee’s use (including future use) of the Development, including:
    • noise levels, odour, glare or vibration;
    • electromagnetic frequency or other emissions;
    • health effects;
    • electrical interference;
    • use of vehicles;
    • site coverage and layout;
    • shadowing or blockage of sunlight; and
    • use, erection, alteration, extension, removal, reconstruction, or demolition of buildings, structures or equipment.
  • oppose or lodge any submission in opposition to any application by the Encumbrancee for any resource consent relating to the Encumbrancee’s use (including future use) of the Development; and
  • incite, participate in or support any objection, submission in opposition, appeal or legal proceeding or other action which may have the effect of preventing, prohibiting, restricting, restraining or interfering with the Encumbrancee’s use (including future use) of the Development.

3 June 2008

Download original document: “Memorandum of Encumbrance Meridian Energy between New Zealand Forestry Group and Meridian Energy

This material is the work of the author(s) indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

The copyright of this material resides with the author(s). As part of its noncommercial effort to present the environmental, social, scientific, and economic issues of large-scale wind power development to a global audience seeking such information, National Wind Watch endeavors to observe “fair use” as provided for in section 107 of U.S. Copyright Law and similar “fair dealing” provisions of the copyright laws of other nations. Send queries to query/wind-watch.org.

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