Notice is hereby given that the Crown, under the provisions of section 23 of the Public Works Act 1981, proposes
to take the following interests (held by the registered proprietors of the units listed in the First Schedule ("the Unit Proprietors")) in the land described in the Second Schedule to this notice:
(a) The undivided share in the fee simple estate in Units 4 and 6, Accessory Units 14 to 19 (inclusive), and 73 to 90 (inclusive), on Unit Plan 68792 which the Unit Proprietors are contingently entitled to by virtue of sections 45 and
47 of the Unit Titles Act 1972 ("the Act") in proportion to the unit entitlements as shown on Unit Plan 68792, which estate was created on deposit of Unit Plan 68792 under section 4 (2) (c) of the Act, and all other rights with respect to those units held by the Unit Proprietors under the Act including the rights of the Unit Proprietors to vote on resolutions:
(i) To demolish the buildings located on Units 4 and
6, and to transfer Units 4 and 6, Accessory Units
14 to 19 (inclusive) and Accessory Units 73 to 90 (inclusive) to Common Property in accordance with section 19 (2) of the Act;
(ii) To subsequently transfer to the Crown 1218 square metres, being Part Lot 1, DP 40307; shown as Section 1 on SO 337023 (the Common Property includes the land being formerly Units 4 and
6, Accessory Units 14 to 19 inclusive and 73 to
87 inclusive, and the Common Property identified as required in the Notice of Desire dated 2 February 2004, previously served on the Unit Proprietors) in accordance with section 17 of the Act.
(b) A leasehold estate in the walls between Units
4, 6 and Accessory Unit 21 and Units 8, 9, 10, 11, 12 and
13 ("the exterior walls") for the purpose set out in the Third Schedule to this notice. The terms of the lease are set out in the Fourth Schedule to this notice; and
(c) The right to exercise the incidental rights held by virtue of section 11 of the Act.
The land is required for road. The intended taking is considered reasonably necessary to improve traffic flow and reduce traffic congestion. All practicable alternatives were considered prior to designation of the land. The proposed land use is in accordance with the designation under the district plan.
The owners of the land and those persons with a registered interest in it have been served with notice of the Crown's intention to take the land and 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, P.O. Box 5027, Wellington, within 20 working days after the date of publication of this notice in the New Zealand Gazette.
If any objection is made in accordance with this notice, a public hearing will be heard with the right of the objector to appear and be heard personally unless the objector otherwise requires, and each objector will be informed of the time and place of the hearing.
Any person requiring further information in respect of this advice should contact Wayne Crowley of The Property Group Limited, P.O. Box 2874, Wellington. Telephone: (04) 470 6140.
Dated at Wellington this 30th day of June 2004.
JOHN TAMIHERE, Minister for Land Information.
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Wellington Land District-Hutt City
First Schedule
Description
(a) Unit 1A and Accessory Units 1-4, and 91 and ¢ share in Accessory Units 5 and 92 and a 1/7 share in Accessory Unit 20; comprised in Computer Register WN39A/593.
(b) Unit 2A and Accessory Units 8-9 and 48 and a 1/7 share in Accessory Unit 20; comprised in Computer Register WN39A/594.
(c) Unit 3 and Accessory Units 10-11; comprised in Computer Register WN39A/595.
(d) Unit 8 and Accessory Units 33-34 and a 1/7 share in Accessory Unit 20 and a 1/8 share in Accessory Unit
21; comprised in Computer Register WN39A/600.
(e) Unit 9 and Accessory Units 31-32 and 39 and a 1/8 share in Accessory Unit 21; comprised in Computer Register WN39A/601.
(f) Unit 10 and Accessory Units 40 and 44-47 and a 1/8 share in Accessory Unit 21; comprised in Computer Register WN39A/602.
(g) Unit 11 and Accessory Units 43 and 58-59 and a 1/8 share in Accessory Unit 21; comprised in Computer Register WN39A/603.
(h) Unit 12 and Accessory Units 41-42 and 56-57 and a 1/8 share in Accessory Unit 21; comprised in Computer Register WN39A/604.
(i) Unit 13 and Accessory Units 70-72 and a 1/8 share in Accessory Unit 21; comprised in Computer Register WN39A/605.
(j) Unit 14 and Accessory Units 23-28 and a ¢ share in Accessory Unit 92 and a 1/7 share in Accessory Unit
20; comprised in Computer Register WN39A/606.
(k) Unit 15 and Accessory Units 22, 29-30 and 60-62 and a 1/7 share in Accessory Unit 20; comprised in Computer Register WN39A/607.
(l) Unit 16 and Accessory Unit 55; comprised in Computer Register WN39A/608.
Second Schedule
1218 square metres, being part of Part Lot 1, DP 40307; shown as Section 1 on SO 337023.
The land is located at 408 Hutt Road, Petone.
Third Schedule
Purpose for Which Leasehold Estate Required
The leasehold estate is required over the land referred to in this notice to enable the Crown to occupy it to:
(a) clad, repair and weatherproof the exterior walls following demolition of Units 4 and 6; and to
(b) reasonably reinstate services; and to
(c) secure an area of Common Property created.
Fourth Schedule
Terms of Lease
1. The Crown must give the registered proprietor three months' notice in writing that it intends to enter the land subject to the lease to clad, repair and weatherproof the exterior walls.
2. The lease shall have a term of three months commencing on the date immediately following the expiry of the Crown's notice, and terminating on the date three months thereafter.
3. Notwithstanding the term created, the Crown may terminate the lease at any time by giving the registered proprietor one month's notice in writing.
4. The Crown shall have the right to clad, repair and