ANAND SATYANAND, Governor-General
A Proclamation
Pursuant to the Public Works Act 1981, I, The Honourable Sir Anand Satyanand, Governor-General of New Zealand, hereby declare:
(a) the land described in the First Schedule;
(b) the lessee interest described in the Second Schedule; and
(c) the sub-leasehold estate in land described in the Third Schedule (on the terms and conditions set out in the Fourth Schedule)
to be taken for road and to vest in the Crown on the 14th day after the date of the publication of this Proclamation in the New Zealand Gazette.
North Auckland Land Registry Auckland City
First Schedule
Area
m2 Description
479
Part Lot 1 DP 9097 (redefined as Lot 1 DP 197609 - part Computer Freehold Register NA473/248); shown as Section 1 on SO 419264. Second Schedule
Area
m2 Description
479 Part Lot 1 DP 197609 (part of the leasehold estate under lease D051535.1 - recorded in Computer Interest Register NA125B/357); shown as Section 1 on SO 419264.
Third Schedule
Area
m2 Description
137 Part Lot 1 DP 197609 (part of the leasehold estate under lease D051535.1 - recorded in Computer Interest Register NA125B/357); shown as Section 2 on SO 419264.
Fourth Schedule
Purpose for which sub-leasehold estate is required
The sub-leasehold estate is required over the land referred
to in the Third Schedule of this notice ("the Land"), to allow the Crown to occupy it during the construction of the Victoria Park Tunnel Project ("the Project").
The Land will be used as a lay-down area for the parking of vehicles and machinery and storage of materials required for the Project.
Terms of the sub-leasehold estate
1. The Crown must give the head-lessor and the sub-lessor three months' notice in writing that it intends to enter the Land, subject to the sub-leasehold estate, for occupation during the construction of the Project.
2. The Crown shall pay to the sub-lessor a current market rent for the term of the sub-leasehold estate.
3. The sub-leasehold estate shall have a term of three years, commencing on the date immediately following the expiry of the Crown's notice, and terminating on the date three years thereafter.
4. Notwithstanding the term created, the Crown may terminate the sub-leasehold estate at any time by giving the head-lessor and the sub-lessor one month's notice in writing.
5. The Crown shall have the right to occupy the Land subject to the sub-leasehold estate, including the right to enter and re-enter the Land at all times, with or without such vehicles, machinery or materials for the purpose set out in the notice.
6. The Crown shall repair any damage caused to any part of the surface of the Land resulting from the Crown's occupation prior to expiry of the sub-lease.
Given under the hand of His Excellency the Governor-General of New Zealand and issued under the Seal of
New Zealand this 10th day of March 2010.
[L.S.]
HON MAURICE WILLIAMSON, Minister for Land Information.
GOD SAVE THE QUEEN!
(LINZ CPC/2008/12740)