Notice of Intention to Take Land for Road Port and Stafford Streets To: James Liddle and Thomas Whyte Young, merchants and William Christie, cornfactor, all of Wellington, as trustees for the creditors in the estate of Robert Port, a bankrupt of Wellington (address unknown - ``the owners''); And to: Any other person wishing to object to the proposal below. 1. Please note The Wellington City Council (``the council'') proposes to take under section 23 of the Public Works Act 1981, the interest of the owners as registered proprietors of the land described in the Schedule to this notice (``the land''). 2. The land is required for road. The land has been used as road by the public for many years and the council intends this use will continue. The land will continue to be known as Port and Stafford Streets. 3. A plan of the land may be uplifted from Peter Sumby, Street Services Manager, Roading Department, Wellington City Council, Fifth Floor, Civic Administration Building, 101 Wakefield Street (P.O. Box 2199), Wellington. Telephone: (04) 801 3692. Facsimile: (04) 801 3018. Reasons for Taking Land 4. The council considers it essential to take the owners' interest in the land because it has been used by the public as road for many years. The council has maintained the land as public road in the past. It is in the public interest for the land to be acquired for road to ensure continued public access to the land. Right to Object 5. The owners' interest in the land has not yet been taken. 6. The owners' and any other person have a right to object to the taking of the owners' interest in the land. 7. Any owner or other person wishing to object must send a written objection to the Registrar, Environment Court, Department for Courts, P.O. Box 5027, Wellington, on or before the 24th day of October 1996. 8. If an objection is made, a public hearing of the objection will be held unless the objector gives written notice to the Court that the objector requires the hearing to be held in private. 9. If an objection is made: (a) The objector will be advised of the time and place of the hearing; and (b) The objector will have the right to appear and be heard personally or to be represented by a barrister and solicitor or any other person you authorise. Right to Compensation 10. This notice, and the right to object described above, relate to the taking of the owners' interest in the land and not to their right to compensation. Under the Public Works Act 1981, the owners are entitled to full compensation, if their interest in the land is taken. If this compensation cannot be agreed between the council and the owners, it can be determined in separate proceedings before the Land Valuation Tribunal. Warning THIS NOTICE CONCERNS YOUR RIGHTS OVER THE LAND REFERRED TO. IF YOU ARE IN ANY DOUBT ABOUT ITS EFFECT YOU SHOULD OBTAIN LEGAL ADVICE IMMEDIATELY. Do not delay. Those persons with a registered right of way over the land and others with an interest will be notified of the council's intention to take the land. They also have a right to object. Schedule Wellington Land District Land for Road (Currently Known as Port and Stafford Streets, Wellington City) An undivided half share in that piece of land containing 2194 square metres, more or less, being part Sections 394, 395 and 396, Town of Wellington, and being area ``A'' on Survey Office Plan 37460 and being the balance of the land in certificate of title, Volume 6, folio 52 (Wellington Registry) subject to a right of way in favour of the land in certificates of title 7/155, 7/76 and 9/163. Dated at Wellington this 17th day of September 1996. DAWN BROOK, Acting Chief Executive. Wellington City Council.