Notice Type
Land Notices
Notice Title

Land Taken for Road and Leasehold Estate Taken for the Functioning Indirectly of a Road—State Highway 1, Widening Project, Warkworth

The Rt Hon Dame PATSY REDDY, gnzm, qso,


A Proclamation

Pursuant to section 26 of the Public Works Act 1981, I, The Right Honourable Dame Patsy Reddy, Governor-General of New Zealand, hereby declare the land described in the First Schedule (“land”) to be taken for road and the leasehold estate (“lease”) over the land described in the Second Schedule (“lease land”) to be taken for the functioning indirectly of a road on the terms and conditions set out in the Third Schedule and vested in the Crown on the 14th day after the date of the publication of this Proclamation in the New Zealand Gazette.

North Auckland Land District—Auckland

First Schedule

0.0710 Part Lot 1 Deposited Plan 405448 (part Record of Title 419126); shown as Section 2 on Survey Office Plan 532939.

Second Schedule

Lease Land
0.1597 Part Lot 1 Deposited Plan 405448 (part Record of Title 419126); shown as Area 2A on Survey Office Plan 532939.

Third Schedule

Terms and Conditions for the Lease Land

Purpose for which the lease is required:

The lease is required to allow the Crown to occupy the lease land during the construction of the project. The lease land will be used as a laydown area, access to construction sites and for such other purpose or purposes reasonably required for construction of the project.

Terms of the Lease:

  1. Any reference to the Crown in this lease includes its employees, engineers, assistants, consultants, contractors and authorised invitees.
  2. The lease shall commence on the 14th day after publication of a proclamation taking the land and the lease in the New Zealand Gazette, and terminate on that date three years thereafter (“the Term”).
  3. The registered owner shall be entitled to receive a current market rent for the Term, such rate to be determined by a registered valuer and agreed between the parties or otherwise in accordance with the Public Works Act 1981 at the commencement of the lease.
  4. The Crown may, on the giving of written notice to the registered owner, extend the Term for one further period of one year should the project not be completed by the expiry of the original Term. The current market rent shall be reviewed at the time the registered owner is given notice of any such extension.
  5. Notwithstanding the Term created, the Crown may terminate the lease at any time by giving the registered owner one month’s notice in writing.
  6. The Crown shall have the right to occupy the lease land for the purpose stated above for the Term and for the avoidance of doubt such right shall include the right to enter and re-enter the lease land at all times, with or without such vehicles, machinery or materials for the purpose set out in the notice.
  7. The Crown shall erect and maintain temporary fencing for the period of construction of the project to provide adequate security to the balance of the property.
  8. The Crown shall take all reasonable steps to minimise damage to the lease land arising from the Crown’s occupation under the lease and/or the execution of construction of the Project.
  9. If the Crown breaches any terms or conditions in the lease, despite anything else in the lease, the registered owner must not in any circumstances cancel the lease or re-enter into possession but may seek such other remedies which are lawfully available to it.
  10. The Crown shall at the expiration of the Term, or any extended period taken in accordance with the lease, remove all debris arising from the Crown’s occupation under the lease together with any temporary fences, construction machinery, hardstands, and other improvements required to be erected by the Crown during the lease. The Crown shall otherwise restore the lease land to a condition generally in keeping with the character of the lease land prior to entry. The Crown shall complete such work in a good and workmanlike manner.
  11. Clauses 4, 5, 6, 10, 11 and 12 of Part 2 and clause 13 of Part 3 of Schedule 3 of the Property Law Act 2007 are excluded from the lease.

Given under the hand of Her Excellency the Governor-General of New Zealand, and issued under the Seal of New Zealand this 16th day of March 2020.

Hon EUGENIE SAGE, Minister for Land Information.

God Save The Queen!

(LINZ CPC/2018/20079)