Notice is hereby given that the Crown, under the provisions of section 23 of the Public Works Act 1981, proposes to take the interests in the land described in the Schedule hereto (the "land"), being a stratum estate in fee simple, a restrictive covenant ("covenant") and other interests.
The land, covenant and other interests are required for
the Western Ring Route (Roads of National Significance), Waterview Connection Project, Auckland.
More particularly, the land described in (a) of the Schedule is required for motorway and will be used for the construction of a tunnel.
This may also be declared road and State highway.
The land described in (c) of the Schedule will be retained for motorway purposes and a covenant will be taken appurtenant to it.
The covenant imposes restrictions on certain activities carried out on the owners’ land, in order to protect the motorway and the tunnel.
The interest described in (d) of the Schedule will be required for an easement in gross for a groundwater monitoring well during construction.
The interest described in (e) of the Schedule will be required for a pedestrian right of way easement in gross for access during construction.
The project is required to complete the final link in the Western Ring Route.
As an alternative to State Highway 1, for north and south traffic movements, the project will take business freight and other through traffic off local roads, freeing them up for improved public transport services, providing shorter and more predictable travel times and more reliable access to Auckland International Airport.
The owners of the land have been served with notice of the Crown’s intention to take the land, a covenant and other interests and have been advised of their right to object.
Any other person having the right to object may send a written objection to the Registrar, Environment Court, Tribunals Division, Department for Courts, PO Box 5027, Wellington 6145, within 20 working days after the date of publication of this notice.
If any objection is made in accordance with this notice, a public hearing will be held.
The objector will have a right to appear and be heard personally unless the objector otherwise requires.
Each objector will be informed of the time and place of the hearing.
North Auckland Land District-Auckland
Schedule
(a) A stratum estate in fee simple in 7897 square metres (subject to survey) being:
(i) Section 156 on SO 434446; and
(ii) Section 1156 on SO 434446,
("the Motorway Land"), being part of the Common Property shown on DP 212138 and part of the land described in Supplementary Record Sheet NA140A/363;
(b) The right to exercise any of the incidental rights under section 11 of the Unit Titles Act 1972, or section 73 of the Unit Titles Act 2010, that may be relevant;
(c) A land covenant over part of the Common Property shown on DP 212138; marked "EZ" on SO 434446 ("the Tunnel Protection Land") appurtenant to the Motorway Land on the terms and conditions set out in the Second Schedule;
(d) An easement in gross to maintain a groundwater monitoring well on part of the Common Property shown on DP 212138; marked "A" on SO 442222 ("the Well Area") on the terms and conditions set out in the Third Schedule;
(e) A pedestrian right of way easement in gross over
parts of the Common Property shown on DP 212138 marked "B", "C", "D", "E", "F", and "G" on SO 442222 ("the Access Route") on the terms and conditions set out in the Fourth Schedule.
Any person requiring further information in respect of
this advice or a full copy of the terms of the covenant or
the survey plan should contact Robyn Shephard, Opus International Consultants Limited, Level 3, The Westhaven, 100 Beaumont Street, Westhaven, Auckland 1010. Postal Address: PO Box 5848, Auckland 1141. Telephone: (09) 355 9230.
The land is located at 1510 Great North Road, Waterview, Auckland.
Dated at Wellington this 31st day of October 2011.
HON MAURICE WILLIAMSON, Minister for Land Information.