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 ("land") and the leasehold estate ("lease") in the land described in the Second Schedule to this notice ("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) ("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 the lease land and those persons with a registered interest in the land and lease land have been served with notice of the Crown’s intention to take their interests in 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 Robin Whelan, Opus International Consultants Limited, Opus House, 197 Rattray Street, Dunedin 9016. Postal Address: Private Bag 1913, Dunedin 9054. Telephone: (03) 471 5523.
Wellington Land District-Kapiti Coast District
First Schedule
Land to be Taken for Road and State Highway
Area
ha Description
0.1833 Part Lot 1 DP 32122 (part Computer Freehold Register WN28D/373); shown as Section 2 on SO 459353.
Second Schedule
Area
ha Description
0.1202 Part Lot 1 DP 32122 (part Computer Freehold Register WN28D/373); shown as Section 11 Area 105A on SO 459353.
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, stockpiling for earthworks operations 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 ("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. 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.
8. 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 construction machinery, construction buildings, sheds, hardstands and other improvements required to be erected by the Crown during the lease.
9. 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 266 Main Road South, Paraparaumu.
Dated at Wellington this 13th day of May 2013.
HON MAURICE WILLIAMSON, Minister for Land Information.