Notice is hereby given that the Crown, under the provisions of section 23 of the Public Works Act 1981, proposes to take the land described in the First Schedule of this notice ("the land") and the 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 land and the leasehold estate are required for construction of the State Highway 1/14 Intersection Upgrade ("the Project").
More particularly, the land is required for road and State highway and the 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 owner of the land and the leasehold estate and those persons with a registered interest in it have been served with notice of the Crown’s intention to take their 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
0.0036 Part Lot 2 DP 108552 (part Computer
Freehold Register NA60C/1099); shown as Section 6 on SO 442121.
Second Schedule
Area
ha Description
0.0191 Part Lot 2 DP 108552 (part Computer
Freehold Register NA60C/1099); marked "C"
on SO 442121.
Third 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 Project. The land will be used for construction of fencing, landscaping, footpaths, alterations to services and access.
Terms of the Leasehold Estate
1. The Crown must give the registered proprietor reasonable notice prior to first entry onto the land for occupation during the construction of the Project.
2. The Lease shall have a term of one year, commencing
on the 14th day after publication of a proclamation taking the land and the Lease in the New Zealand Gazette, and terminating on that date one year 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 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 land subject to the 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 1-7 Cheviot Street, Whangarei.
Dated at Auckland this 21st day of August 2011.
HON MAURICE WILLIAMSON, Minister for Land Information.