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 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 Nicholas de Montalk, Opus International Consultants Limited, Level 6, Majestic Centre, 100 Willis Street, Wellington 6011. Postal Address: PO Box 12003, Wellington 6144. Telephone: (04) 471 7128.
Wellington Land District-Kapiti Coast District
First Schedule
Area
ha Description
0.5287 Part of Part Lot 1 DP 19274 (part Computer Freehold Register WNA1/271); shown as Section 5 on SO 459353.
Second Schedule
Area
ha Description
0.3455 Part of Part Lot 1 DP 19274 (part Computer Freehold Register WNA1/271); shown as Section 14 Area 106B on SO 459353.
0.2267 Part of Part Lot 1 DP 19274 (part Computer Freehold Register WNA1/271); shown as Section 21 Area 106A 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 246 State Highway 1, Raumati.
Dated at Wellington this 13th day of May 2013.
HON MAURICE WILLIAMSON, Minister for Land Information.