Pursuant to sections 20 (1) and 28 of the Public Works
Act 1981, and to a delegation from the Minister for
Land Information, Ronald Alistair Jolly, Land Information New Zealand, declares that, pursuant to an agreement to that effect having been entered into, the leasehold interest in the land described in the First Schedule, together with an easement in gross in the Second Schedule, for the right of access, and an easement in gross in the Third Schedule, for the right to convey electricity, are acquired and are to be held by the Crown for police, public safety and emergency services communication purposes for the terms and from the commencement date and at the rental set out in the Fourth Schedule; together with the rights, powers, terms and conditions in the Fifth Schedule on the date of publication of this notice in the New Zealand Gazette and may be surrendered by a further notice in the New Zealand Gazette.
Taranaki Land District-New Plymouth District
First Schedule
Leasehold Interest
Area m2 Description
262 Section 1 on SO 333721 (Computer Freehold Register TN145/198).
Second Schedule
Right of Access
Lot 1, DP 5816; marked "A" and "B" on SO 333721.
Third Schedule
Right to Convey Electricity
Lot 1, DP 5816; marked "C" on SO 333721.
Fourth Schedule
Terms of Lease
The Term: 20 years.
Commencement Date: 20 March 2003.
Further Terms: Two of 20 years each.
Renewal Dates: 20 March 2023, 20 March 2043.
Final Expiry Date: 19 March 2063.
Annual Rental: $2,000.00, plus G.S.T.
Rent Payment Dates: Payable annually by 20 March each year in advance.
Rent Review Dates: On each succeeding third anniversary of the Commencement Date.
Fifth Schedule
Definitions and Interpretations
"the access track" means the areas shown marked "A" and "B" on SO 333721.
"the Crown" means the New Zealand Police.
"the land" means the premises, the access track and the power supply line.
"the lessee" means Her Majesty the Queen for Police, Public Safety and Emergency Communications purposes.
"the lessor" means the registered proprietor of the land for the time being.
"the power supply land" means the area marked "C" on SO 333721.
"the premises" means Section 1 on SO 333721.
Rights, Powers, Terms and Conditions of the Leasehold Interest
1. Subletting and Licensing
The lessee shall be entitled to grant subleases and licences to occupy and use the land for police, or public safety, or emergency services communications purposes to any person, subject to obtaining the prior consent of the lessor which shall not be unreasonably withheld.
2. Quiet Enjoyment
The lessee paying the said rent and observing all and singular the agreements and conditions on the part of the lessee herein expressed and implied shall quietly hold and enjoy the premises during the continuance of the lease without interruption by the lessor or any person claiming under the lessor.
3. Rates
Rates levied against the land, if any, will be payable by the lessor.
4. Obligation Not to Obstruct
The lessor shall not grow or permit to be grown any trees, shrubs or bushes or erect any improvements on the lessor's adjoining land which will interfere with the lessee's use of the access track or the power supply line or lessee's communications facilities on the premises.
5. Default
That if the rent hereby reserved or any part thereof is in arrears for a period of sixty (60) days after the due date thereof (whether formally demanded or not) or if default is made by the lessee in the observance or performance of any agreement or condition on the part of the lessee herein expressed or implied or if the lessee goes into liquidation or becomes insolvent or compounds with creditors, the lessor may thereafter without notice re-enter upon the land or any part thereof and determine the estate and interest of the lessee therein without releasing the lessee from liability for payment of rent due or for the breach or non-observance or non-performance of any agreement or condition in respect of which the lessee shall have made default up to the date of such determination as aforesaid.
6. Renewal
a. If the lessee has not been in breach of this lease and has given to the lessor written notice to renew the lease three (3) calendar months before the end of the term, then the lessor will grant to the lessee a new lease of the land and the lessee will take on a lease of the land for the term specified in the Schedule.
b. The new lease shall be at a rental as calculated pursuant to clause 10 of this lease.
c. The new lease shall otherwise be upon like terms and conditions applying to this lease with the proviso that:
i. The lease shall contain a condition whereby the lessee shall be entitled to a further new lease for the further terms set out for the purposes of this clause in the Schedule with the intention that in no event will this lease and all new leases granted be for a term expiring later than the final termination date specified in the Schedule.
7. Rent Review
a. Not earlier than three (3) months prior to any rent review date, either party may give notice to the other adjusting
the annual rental in accordance with the movement of the Consumer Price Index (all groups) published by Statistics New Zealand or other governmental agency. The new annual rental applicable from the relevant rent review date shall be calculated in accordance with the following formula:
N = R x CPI (D)
CPI (C)
Where:
N = New Annual Rental
R = Annual Rental for previous 12 months
CPI (D) = Consumer Price Index (all groups) for the nearest quarter date either preceding or following the rent review date.
CPI (C) = Consumer Price Index (all groups) for the nearest quarter date either preceding or following the Commencement Date or the date of the most recent previous rent review, whichever is the later date.
b. Not later than one (1) month after the receipt of any notice given pursuant to paragraph (a) of this clause,
the parties will settle between them any appropriate adjustment of the annual rental relating to the period following the relevant rent review date and thereafter the lessee will pay the new annual rental by annual payments in advance.
8. Termination By Lessee
The lessee shall have the right to terminate this lease, for whatever reason, by giving 12 months' notice in writing to the lessor.
9. Right to Undertake Earthworks and Erect Buildings and Structures
The lessee shall be entitled to undertake earthworks and erect buildings and structures on the premises for use as a communications facility provided that such earthworks are carried out and such buildings and structures are erected in terms of any necessary resource consent and current building controls and regulations that would relate to such buildings or structures.
10. Removal of Buildings and Structures
On expiry of the lease (or any renewal thereof) or on
the earlier termination of the lease pursuant to clause 8, the lessee shall (within three (3) months of the date of expiry or termination) remove all buildings or structures erected by the lessee provided that:
a. The lessee is not in breach of the lease at the expiry date or termination date, and
b. The lessee restores the surface of the premises as nearly as possible to its original condition and any other damage done by reason of the removal is repaired.
11. Fencing and Lessor's Use of the Premises
a. The lessee may but shall not be obliged to erect a boundary fence between the premises or part thereof and the balance of the lessor's land.
b. The parties acknowledge that the lessor uses the existing farm track located on the premises to gain access to the balance of the lessor's land.
c. In the event that the lessee fences the premises, the lessee agrees that the lessor may use the existing farm track located on the premises for passage of person, vehicle or stock.
d. The lessee will, as part of the fencing of the
premises, install such gates as may be appropriate to enable the lessor to exercise the right of access granted by clause 11c.
e. In the event that the premises remain unfenced and not otherwise, the lessor shall have the right to enter the premises for any period and for any purpose (including the right contained in clause 11c above) which does not conflict with the lessee's exclusive right to operate a communications facility from the premises and shall have the right to graze the premises at no cost and
shall be responsible for the control of noxious weeds
and vermin where a statutory obligation to do so exists.
12. Arbitration
Except for the determination of rent, any doubt or difference arising between the lessor and the lessee as to the construction of any of the provisions herein contained or as to the obligations of the lessor and the lessee respectively,
as set out in this lease, shall be referred to the determination of a single arbitrator if the parties so agree or failing agreement to the determination of two arbitrators (one to be appointed by the lessor and the other by the lessee) and their umpire and so that such reference shall be deemed to be a submission to arbitration under the Arbitration Act 1996 or any statutory enactment passed in substitution therefore.
13. Notices
Any notice or other document required to be given or delivered or served under this lease may be given, delivered or served in any manner pursuant to section 4 of the
Public Works Act 1981 including notice served by facsimile message.
The address for notices to be served on the Crown under
this lease is:
The Chief Executive, Land Information New Zealand, P.O. Box 5501, Wellington. Facsimile: (04) 472 2444.
The address for communications relating to the communications facility and the use of the land under this lease is:
New Zealand Police, Information and Technology Group, P.O. Box 50-040, Porirua. Facsimile: (04) 389 0690.
The address for notices served on the lessor under this lease for the time being is:
Kevin Beard, Summit Mt Messenger, R.D. 48, Urenui.
Rights, Powers, Terms and Conditions of the Access Track
14. Right to Undertake Earthworks and Erect Buildings and Structures
The lessee may construct or upgrade an access track over the lessor's land as may be necessary for the construction
of the communications facility and for its subsequent operation, maintenance, repair or replacement. The parties undertake to maintain the access track to all weather 4WD standard in accordance with clause 15c.
15. Access
a. The lessor shall not cause any obstruction over the access track. The lessor may erect fences across
the access track but shall provide suitable gates to allow passage of vehicles.
b. The lessee, and any of the lessee's licensees and or sublessees, shall close all gates opened for the purpose of access and shall disturb stock grazing on the lessor's land as little as possible.
c. The cost of maintaining the access track shall be shared between the lessor and the lessee, and any licensees and or sublessees of the lessee (if any), on a proportional use basis.
d. The lessee shall be entitled to undertake earthworks on the access track for the purposes of maintaining, repairing, upgrading, renewing or replacing the existing access track and shall be responsible for obtaining any necessary resource consents to do so.
e. The lessee shall have the rights implied into Rights of Way by the Fourth Schedule to the Land Transfer Regulations 2002, except where such rights have been varied herein.
Rights, Powers, Terms and Conditions of the Power Supply Line
16. Right to Convey Electricity
a. The lessee shall be entitled to erect, maintain, repair, upgrade and replace power poles, lines and transformers and to trench and lay power cables and any earthing systems needed to convey electricity for the use of the lessee and its licensees, and sublessees and in any quantity from the source of supply or point of entry
to the lessor's land and following the stipulated course over the power supply land together with the right to enter and use any part of the lessor's land in a reasonable manner at any time in order to gain access to and undertake all work on the power supply line, provided that at the conclusion of the work on such land, it shall be returned as near as practicable to its original condition.
b. The lessee shall have the rights implied into the right to convey electricity by the Fourth Schedule to the Land Transfer Regulations 2002, except where such rights have been varied herein.
Dated at Wellington this 4th day of February 2005.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/2002/8635)