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") and a leasehold estate over the land described in the Second Schedule ("the Leasehold Land").
The terms of the leasehold estate are set out in the Third Schedule.
The land and leasehold estate are required for the causeway upgrade between Rosebank Road and Patiki Interchange, Auckland.
More particularly the land described in the First Schedule will be taken for motorway purposes.
This land may also be declared road and State highway.
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 leasehold estate 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 should contact Nicholas Pointon, The Property Group Limited, Level 15, 34 Shortland Street, Auckland. Postal Address: PO Box 104, Shortland Street, Auckland 1140. Telephone: (09) 309 8526.
North Auckland Land District-Auckland
First Schedule
Area
m2 Description
340 Part of Lot 1 DP 192586 (part Computer Freehold Register NA121D/914); shown as Section 1 on SO 458069.
Second Schedule
Area
m2 Description
197 Part of Lot 1 DP 192586 (part Computer Freehold Register NA121D/914); shown as Section 2 on SO 458069.
Third Schedule
Purpose for Which Leasehold Estate is Required
The leasehold estate ("the Lease") over the land described
in the Second Schedule ("the Land") is required to allow
the Crown to occupy the Land during the construction of the Causeway Upgrade between Rosebank Road and the Patiki Interchange ("the Project").
The Land will be used for construction of fencing and to enable access to the adjoining Crown-owned land for the construction of footpaths, a cycleway and alterations to services and for the completion of landscaping.
Terms of the Leasehold Estate
1. For the purposes of the Lease, any reference to the Crown includes its employees, engineers, assistants, consultants, contractors and authorised invitees.
2. The Lease shall have a term of four years, commencing on the 14th day after publication of a proclamation taking the land and the Lease in the New Zealand Gazette ("the Commencement Date"), and terminating on that date four years thereafter ("the Term").
3. The registered proprietor shall be entitled to receive from the Commencement Date a current market rent for the term of the Lease, such rate to be determined by a registered valuer and agreed between the parties or otherwise determined in accordance with the Public Works Act 1981.
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 adjusted by the Consumer Price Index 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. If the Crown decides to terminate the Lease, the Crown shall not require a refund of any rent already paid for the Lease, however no further rental will be paid once this notice has been given.
6. The Crown shall have the right to occupy the Land for the Term, and for the avoidance of doubt such right shall include 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.
7. The Crown, if required, will erect a temporary fence on the boundary between the Land and the balance of the land in Computer Freehold Register NA121D/914 for the duration of the Lease.
8. The Crown shall take all reasonable steps to minimise damage to the Land arising from the Crown’s occupation of it and/or the execution of construction of the Project. The Crown will, at its cost, promptly restore any damage to the Land to such condition as ensures the quality, fitness for purpose and condition of the area is (where practicable) to a standard similar to that which existed prior to the Crown’s entry under this Lease.
This property is located at 702-718 Rosebank Road, Avondale, Auckland.
Dated at Wellington this 9th day of October 2012.
HON MAURICE WILLIAMSON, Minister for Land Information.