Purposes-(Western Ring Route (Roads of National Significance): Waterview Connection Project) - Auckland
Notice is hereby given that the Minister for Land Information proposes to take, under the Public Works Act 1981, the land described in the First Schedule to this notice ("the land"), a restrictive covenant ("the covenant") over the land described in the Second Schedule ("the Tunnel Protection Land") and a leasehold estate over the land described in the Third Schedule ("the Leasehold Land"). The terms of the leasehold estate are set out in the Fourth Schedule.
The land, leasehold estate and the covenant are required
for motorway purposes (Western Ring Route (Roads of National Significance): Waterview Connection Project).
More particularly, the land described in (a) of the First Schedule is required for motorway and will be used for the construction of a tunnel.
This may also be declared road and State highway.
The land described in (b) of the First Schedule will be retained for motorway purposes and the covenant will
be taken appurtenant to it.
The covenant is required to restrict the landowner from excavating or otherwise disturbing the soil in the Tunnel Protection Land without the prior written consent of the Minister for Land Information.
The project is required to complete the final link in the Western Ring Route, an alternative to State Highway 1 for north and south traffic movements.
The project will take business freight and other through traffic off local roads, freeing them up for improved public transport services, providing shorter and more predictable travel times and more reliable access to Auckland International Airport.
The owner of the land and those persons with a registered interest in it have been served with notice of the Minister for Land Information's intention to take the land and the covenant and advised of their right to object.
Any other person having the right to object may send a written objection to the Regional Manager, Environment Court, Ministry of Justice, PO Box 5027, Wellington 6145, or DX SX11154, Wellington, within 20 working days after the date of publication of this notice.
If any objection is made in accordance with this notice, a public hearing will be held 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 or a copy of the full terms of the covenant should contact Glen McIntosh, The Property Group Limited, Level 3, DLA Phillips Fox Tower, National Bank Centre, 209 Queen Street, Auckland. Postal Address: PO Box 104, Shortland Street, Auckland 1140. Telephone: (09) 309 8526.
North Auckland Land Registry-Auckland
First Schedule
(a) A stratum estate in fee simple in 85 square metres, being part Lot 3 DP 38260 (part Computer Freehold Register NA45A/833); shown as Section 15 on SO 434446.
(b) A stratum estate in fee simple in 85 square metres, being part Lot 3 DP 38260 (part Computer Freehold Register NA45A/833); shown as Section 1015 on SO 434446.
Second Schedule
A stratum estate in fee simple in 85 square metres, being part Lot 3 DP 38260 (part Computer Freehold Register NA45A/833); marked "O" on SO 434446 ("the Tunnel Protection Land").
Third Schedule
0.0174 hectares, being part Lot 3 DP 38260 (part Computer Freehold Register NA45A/833); shown as Section 5 on SO 441004 ("the Leasehold Land").
Fourth Schedule
Purpose for Which Leasehold Estate is Required
The leasehold estate ("the Lease") is required to allow the Crown to occupy it during the construction of the Western Ring Route (Roads of National Significance), Waterview Connection Project, Auckland ("the Project"). The land will be used as part of a construction yard for storage of vehicles and materials required for the construction of the Project.
Terms of the Leasehold Estate
1. The Crown must give the registered proprietor reasonable notice prior to first entry onto the Leasehold Land for occupation during the construction of the Project.
2. The Lease shall have a term of three years, commencing on the 14th day after publication of a proclamation taking the Leasehold Land and the Lease in the New Zealand Gazette, and terminating on that date three years thereafter.
3. The Crown shall pay to the registered proprietor a current market rent for the term of the Lease, such
rate to be determined by a registered valuer at the commencement of the Lease.
4. The Crown may, on the giving of written notice to the registered proprietor, extend the term of the Lease
for a further one year twice should the Project not be completed by the expiry of the original term. The current market rent shall be reviewed at the time the registered proprietor is given notice of any such extension.
5. Notwithstanding the term created, the Crown may terminate the Lease at any time by giving the registered proprietor one month's notice in writing.
6. The Crown shall have the right to occupy the Leasehold Land subject to the Lease, including the right to enter and re-enter the Leasehold Land at all times, with or without such vehicles, machinery or materials for the purpose set out in the notice.
7. The Crown shall erect a temporary fence between the Leasehold Land and the balance of the land in Computer Freehold Register NA45A/833 for the term of the
Lease. On expiry of the Lease the Crown shall remove the temporary fence and provide a new boundary fence, to a similar standard as is reasonably practicable, to the existing timber paling fence.
The land is located at 51 Hendon Avenue, Mt Albert, Auckland.
Dated at Wellington this 20th day of June 2011.
HON MAURICE WILLIAMSON, Minister for Land Information.