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 of this notice (the "land") and the leasehold estate (the "lease") in the land described in the Second Schedule to this notice (the "lease land") on the terms and conditions set out in the Third Schedule to this notice.
The land and the lease are required for construction of the State Highway 1 Wellington Northern Corridor (MacKays to Peka Peka Expressway) (the "project").
More particularly, the land is required for road and
State highway and the lease 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 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 Ken Billing, The Property
Group Limited, Level 8, TSB Tower, 7-21 Fitzherbert Avenue, Palmerston North 4410. Postal Address: PO Box 12066, Palmerston North 4444. Telephone: (06) 356 1697.
Wellington Land District-Kapiti Coast District
First Schedule
Area
ha Description
1.0330
Part Lot 1 DP 24354 (part Computer Freehold Register WN39D/372); shown as Section 2 on SO 459354.
Second Schedule
Area
ha Description
0.9180
Part Lot 1 DP 24354 (part Computer Freehold Register WN39D/372); shown as Area 101A on SO 459354.
Third Schedule
Purpose for Which Leasehold Estate is Required
The lease is required to allow the Crown to occupy the lease land during the construction of the Project.
The lease land will be used for site yards and laydown areas, access to construction sites, landscaping, construction of batter slopes, reinstatement of access, relocation of utilities, relocation of Vector-owned gas lines and delivery point station, river protection works, piling and bridge construction works and such other purpose or purposes reasonably required for construction of the Project.
Terms of the Leasehold Estate
1. For the purpose of the lease, any reference to the Crown includes its employees, engineers, assistants, consultants, contractors and authorised invitees.
2. The lease shall commence on the 14th day after publication of a proclamation taking the land and
the lease in the New Zealand Gazette, and terminate
on that date two years thereafter (the "term").
3. The registered proprietor shall be entitled to receive
a current market rent for the term, such rate to be determined by a registered valuer and agreed between the parties or otherwise in accordance with the Public Works Act 1981 at the commencement of the lease.
4. The Crown may, on the giving of written notice to the registered proprietor, extend the term for two further periods of 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 lease
land for the term and for the avoidance of doubt such right shall include the right to enter and re-enter the lease land at all times, with or without such vehicles, machinery or materials for the purpose set out in the notice.
7. Prior to commencement of the project, the Crown shall erect a temporary fence for the period of construction of the project to provide adequate security to the balance
of the property.
8. The Crown shall take all reasonable steps to minimise damage to the lease land arising from the Crown’s occupation under the lease and/or the execution of construction of the project.
9. The Crown shall, at the expiration of the term or any extended period taken in accordance with the lease, remove all debris arising from the Crown’s occupation under the lease together with any temporary fences, construction machinery, construction buildings, sheds, hardstands, and other improvements required to be erected by the Crown during the lease. The Crown shall otherwise restore the lease land to a condition generally in keeping with the character of the lease land prior to entry. The Crown shall complete such work in a good and workmanlike manner.
The land is located at 25 Kauri Road, Waikanae.
Dated at Wellington this 7th day of April 2013.
HON MAURICE WILLIAMSON, Minister for Land Information.