Notice is hereby given that the Crown, under the provisions of section 23 of the Public Works Act 1981, proposes to take the leasehold interest in the land described in the
First Schedule of this notice being part of the registered lease recorded in Computer Interest Register 267990
("the leasehold interest") and the sub-leasehold estate in the land described in the Second Schedule of this notice on
the terms and conditions set out in the Third Schedule of
this notice.
The leasehold interest and the sub-leasehold estate are required for construction of the State Highway 1/14 Intersection Upgrade ("the Project").
More particularly, the leasehold interest is required for road and State highway and the sub-leasehold estate is required for the functioning indirectly of a road to allow for temporary occupation during construction of the Project.
The Project is required to cater for increasing traffic volumes and to improve the safety and efficiency of State Highway 1 and the local road network.
The lessee of the land and those persons with a registered interest in it have been served with notice of the Crown’s intention to take their interest in the land, and advised of their right to object.
Any other person having the right to object may send
a written objection to the Registrar, Environment Court,
5th Floor, District Court Building, 49 Ballance Street, Wellington 6011, or by post to 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 should contact Chris Palmer, The Property Group Limited, care of Crown Property Services, 17 Central Avenue, Whangarei 0110. Postal Address: PO Box 377, Whangarei 0140. Telephone: (09) 438 2372.
North Auckland Land District-Whangarei District
First Schedule
Area
ha Description
0.0080 Part Kiri Kiri No. 6 Block (part Computer Freehold Register NA767/43); shown as Section 1 on SO 442121.
Second Schedule
Area
ha Description
0.0174 Part Kiri Kiri No. 6 Block (part Computer Freehold Register NA767/43); marked "A" on SO 442121.
Third Schedule
Terms and Conditions
Definitions
lessor means the registered proprietor of the land in Computer Freehold Register NA767/43.
lessee means the registered lessee of the land as recorded in Computer Interest Register 267990.
Purpose for Which Sub-leasehold Estate is Required
The sub-leasehold estate ("the sub-lease") is required to allow the Crown to occupy it during the construction of the State Highway 1/14 Intersection Upgrade ("the Project"). The land will be used for construction of batter slopes, fencing, landscaping, alterations to services and access.
Terms of the Sub-leasehold Estate
1. The Crown must give the lessor and the lessee reasonable notice prior to first entry onto the land for occupation during the construction of the Project.
2. The sub-lease shall commence on the 14th day after publication of a proclamation taking the land and the sub-lease in the New Zealand Gazette, and terminate on the date one year thereafter.
3. The Crown shall pay to the lessee a current market rent for the term of the sub-lease, such rate to be determined by a registered valuer at the commencement of the
sub-lease.
4. The Crown may, on the giving of written notice to the lessor and the lessee, extend the term of the sub-lease for a further one year should the Project not be completed by the expiry of the original term. The current market rent shall be reviewed at the time the lessor and the lessee are given notice of any such extension.
5. Notwithstanding the term created, the Crown may terminate the sub-lease at any time by giving the lessor and the lessee one month’s notice in writing.
6. The Crown shall have the right to occupy the land subject to the sub-lease, 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.
The land is located at 118 Maunu Road, Whangarei.
Dated at Auckland this 30th day of August 2011.
HON MAURICE WILLIAMSON, Minister for Land Information.