To: Filmlab Limited (as lessee under an unregistered lease dated 18 October 1999), having its registered office at:
C/o McLaren Guise Associates Limited
Lincoln Manor
293 Lincoln Road
Waitakere City
Auckland
1. Take notice that the Minister for Land Information proposes to take, under the provisions of section 23 of the Public Works Act 1981, your lessee interest in the land described in the Schedule to this notice.
2. The land is required for the functioning indirectly of a road, namely for the construction of the Newmarket Viaduct Project, Auckland. The proposed land use is in accordance with the designation under the district plan.
3. A plan of the land intended to be taken is attached.
Reasons for Taking Land
4. The reasons why the Minister for Land Information considers it essential to take your lessee interest in the land are as follows:
(a) The existing six-lane viaduct structure has become a bottleneck for vehicles travelling to and from the city to points south and requires replacement with
a new seven-lane structure to meet current roading standards and traffic volumes.
(b) The proposed viaduct will also reduce traffic congestion on the Southern Motorway and is the only practical route given the current roading system.
Your Right to Object
5. Your interest in the land has not yet been taken.
6. You have a right to object to the taking of your interest in the land.
7. If you wish to object, you must send a written
objection to the Registrar, Environment Court, Level 8, District Court Building, Wellesley Street (PO Box 7147), Auckland, within 20 working days after the service of this notice on you.
8. If you make an objection, a public hearing of the objection will be held unless you give written notice
to the Tribunal that you want the hearing to be held in private.
9. If you make an objection:
(a) You will be advised of the time and place of the hearing; and
(b) You will have the right to appear and be heard personally or to be represented by a barrister or a solicitor or any other person you authorise.
Your Right to Compensation
10. This notice, and the right to object described above, relate to the taking of your interest in the land and not
to your right to compensation. Under the Public Works Act 1981, you are entitled to full compensation if
your interest in the land is taken. If this compensation cannot be agreed between you and the Minister for
Land Information, 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.
North Auckland Land Registry-Auckland City
Schedule
Land at 5C Mahuru Street
An estate of stratum in freehold in all of the land
described as Unit C and Accessory Unit 3 on DP 153673, being all of the land contained in Computer Unit Title Register NA91C/735 and recorded in Supplementary Record Sheet NA91C/739.
Dated at Wellington this 5th day of November 2007.
DAVID PARKER, Minister for Land Information.