LT GEN THE RT HON SIR JERRY MATEPARAE,
Governor-General
A Proclamation
Pursuant to the Public Works Act 1981, I, Lieutenant General The Right Honourable Sir Jerry Mateparae, Governor-General of New Zealand, hereby declare:
(a) The land described in the First Schedule to be taken for road and State highway; and
(b) The leasehold estate in the land described in the Second Schedule (on the terms and conditions set out
in the Third Schedule) to be taken for the functioning indirectly of a 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-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
0.0197 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 State Highway 1/14 Intersection Upgrade ("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.
7. 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 no less than before the Crown carried out any work on it.
Given under the hand of His Excellency the Governor- General of New Zealand and issued under the Seal of New Zealand this 30th day of January 2012.
[L.S.]
HON MAURICE WILLIAMSON, Minister for Land Information.
GOD SAVE THE QUEEN!
(LINZ CPC/2009/13824)