1. Notice is hereby given that the Crown, under the provisions of section 23 of the Public Works Act 1981, proposes to take all the underlying fee simple estate in the land described in the First Schedule, which includes all of the existing interests and all entitlements of the registered proprietor of the unit listed in the Second Schedule in:
(a) that part of the land described in the First Schedule which currently exists as common property, and which for the avoidance of doubt includes those parts above and below Accessory Units 4C, 5C, 6C, 6B, 7D, 7C, 8F, 8E, 8D, 8C, 8B, 8A, 9D, 10D, 11D, 12D, 13D and 1I ("the accessory units") on Unit Plan 62361 (which together with the accessory units forms all of the land in the First Schedule of the notice) in proportion to the unit entitlements as shown on Unit Plan 62361, which estate was created on deposit of Unit Plan 62361 under section 4 (2) (b) of the Unit Titles Act 1972 ("the Act"); and
(b) the undivided share in the fee simple estate in the accessory units which the registered proprietor of Unit 8 is contingently entitled to by virtue of sections 45 and 47 of the Act in proportion to the unit entitlement as shown on Unit Plan 62361, which estate was created on deposit of Unit Plan 62361 under section 4 (2) (c) of the Act, and all other rights with respect to the accessory units, including the interest as registered proprietor of Unit 8 to vote in favour of resolutions to give effect to the actions
in paragraphs 2 (a) and 2 (b) and/or such other rights or actions required to give effect to the actions in paragraphs 2 (a) and 2 (b); and
(c) Accessory Units 8A to 8F (inclusive) Unit Plan 62361.
2. In furtherance of the above proposal and the required purpose of taking the land described in the First Schedule, the Minister for Land Information will:
(a) transfer the accessory units to common property in accordance with section 19 (2) of the Act; and
(b) subsequently take by Proclamation 933 square metres of common property being the land described in the First Schedule.
3. The land described in the First Schedule to this notice is required for construction of the upgrade to State Highway No. 2, Dowse Drive to Petone. The land firstly described in the First Schedule is required for road. The land secondly described in the First Schedule is required for use in connection with a road.
4. 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.
5. 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.
6. 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.
7. 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.
8. Any person requiring further information in respect of this advice should contact Steve Donaldson of The Property Group Limited, P.O. Box 2874, Wellington. Telephone: (04) 470 6112.
Wellington Land District-Hutt City
First Schedule
668 square metres, being part of Lot 1, DP 20620; shown as Section 1 on SO 334934.
265 square metres, being part of Lot 1, DP 20620; shown as Section 1 on SO 337025.
This land is located at 5 Western Hutt Road, Petone.
Second Schedule
Unit 8 and Accessory Units 8A to 8F inclusive on DP 62361, contained in Computer Unit Title Register WN31B/468 and supplementary record sheet WN31B/474.
Dated at Wellington this 13th day of October 2004.
JOHN TAMIHERE, Minister for Land Information.