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 hereto
(the "land") and a leasehold estate for temporary occupation of the land described in the Second Schedule of this notice (the "lease land") on the terms and conditions set out in the Third Schedule to this notice.
The land and the lease land are required for the functioning indirectly of a road.
In particular, following construction, part of the land will be declared State highway and part of the land will vest in the Dunedin City Council as road.
The owner of the land and the lease land and those persons with a registered interest in them have been served with notice of the Minister for Land Information’s intention to take the land and the lease land and their right to object.
Any other person having the right to object may send
a written objection to the Registrar, Environment Court,
PO Box 2069, Christchurch 8140, or DX WX11113, Christchurch, 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 Barry Sleeman, The Property Group Limited, Level 7, Burns House, 10 George Street, Dunedin 9016. Postal Address: PO Box 923, Dunedin 9054. Telephone: (03) 474 6405.
Otago Land District-Dunedin City
First Schedule
Area
ha Description
0.4180
Part Section 42 Block VI Town Survey District (part Computer Freehold Register OT13B/1239); shown as Section 3 on SO 458928.
0.2193 Part Section 41 Block VI Town Survey District (part Computer Freehold Register OT13B/1239); shown as Section 6 on SO 458928.
Second Schedule
Area
ha Description
0.0228
Part Section 42 Block VI Town Survey District (part Computer Freehold Register OT13B/1239); shown as Section 4 on SO 458928.
0.2190 Part Section 41 Block VI Town Survey District (part Computer Freehold Register OT13B/1239); shown as Section 5 on SO 458928.
Third Schedule
Purpose for Which the Lease Land is Required
The lease of the lease land (the "lease") is required
during the construction of the Caversham Valley Safety Improvements Project (the "project"), which is part of the State Highway 1 Caversham Highway Improvements Project, to allow the Crown to undertake construction works on land adjoining the lease land including construction of batter slopes and associated drainage works and any reinstatement works required to the lease land by the Crown.
Terms of the Lease
1. The Crown must give the registered proprietor not less than 20 working days’ notice prior to first entry onto the lease land for occupation during the construction of
the project.
2. The lease shall commence on the 14th day after publication of a proclamation taking the lease land
and the lease in the New Zealand Gazette, and terminate on that date two years thereafter (the "term").
3. The Crown may, on the giving of written notice to the registered proprietor, extend the term for a further two years should the project not be completed by the expiry of the term. The current market rent shall be reviewed at the time the registered proprietor is given notice of any such extension.
4. The Crown shall pay to the registered proprietor a current market rent for the term (including any extension) of the lease, such rate for the initial two-year term to be determined by a registered valuer at the commencement of the lease and agreed between the parties or otherwise determined under the Public Works Act 1981.
5. Notwithstanding the term created (including any extension), 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 subject to the lease, including 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. The Crown shall take all reasonable steps to minimise damage to the lease land arising from the Crown’s occupation under the lease. In the event of such damage, the Crown will, at its cost, restore the lease land to a condition reasonably in keeping with the surrounding land following construction of the project.
The land and the lease land are located at 179-183 Mornington Road, Kenmure, Dunedin.
Dated at Wellington this 11th day of April 2013.
HON MAURICE WILLIAMSON, Minister for Land Information.