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 ("land"), 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 Fourth Schedule to this notice, and the Right of Way Easement ("easement") over the land described in the Third Schedule to this notice ("easement land") on the terms and conditions set out in the Fifth Schedule to this notice appurtenant to the land firstly described in the First Schedule to this notice.
The land, lease and the easement are required for construction of the Western Ring Route (Roads of National Significance: St Lukes to Waterview Project) - Auckland ("project").
More particularly, the land and easement are required for a stormwater wetland and access thereto and for construction of an acoustic barrier, and the lease is required for the functioning indirectly of a motorway to allow for temporary occupation during construction of the project.
The project is required to cater for increasing traffic volumes and will significantly ease congestion and will improve connectivity throughout Auckland and to the Auckland International Airport.
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, Ministry of Justice, PO Box 7147, Wellesley Street, Auckland 1141, or DX CX10086, Auckland, 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 Robyn Shephard, Opus International Consultants, Level 3, 100 Beaumont Street, Westhaven, Auckland 1010. Postal Address: PO Box 5848, Wellesley Street, Auckland 1141. Telephone (09) 355 9230.
North Auckland Land District-Auckland
First Schedule
Area
m2 Description
4553 Part Allotment 384 Parish of Titirangi (part Computer Freehold Register NA67C/201); shown as Section 1 on SO 457800.
1519 Part Allotment 384 Parish of Titirangi (part Computer Freehold Register NA67C/201); shown as Section 3 on SO 457800.
Second Schedule
Area
m2 Description
5141 Part Allotment 384 Parish of Titirangi (part Computer Freehold Register NA67C/201); shown as Section 2 on SO 457800.
Third Schedule
Right of Way Easement Land to be Taken
That Part of Allotment 384 Parish of Titirangi (part Computer Freehold Register NA67C/201); marked "A" on SO 457800.
Fourth 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 a lay-down area for parking of vehicles
and machinery and storage of materials required in association with the 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 Crown must give the registered proprietor reasonable notice prior to first entry onto the lease land for occupation during the construction of the project.
3. The lease shall commence on the 14th day after publication of a proclamation taking the land, lease and the easement in the New Zealand Gazette, and terminate on that date two years thereafter ("term").
4. 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.
5. 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.
6. 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.
7. 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.
8. Notwithstanding the term created, the Crown may terminate the lease at any time by giving the registered proprietor one month's notice in writing.
9. During the term of the lease, the Crown will have the right to carry out works on lease land, including site preparation, clearing vegetation, erecting construction barriers, parking vehicles and machinery, storing and stockpiling materials on that land, and such associated works as are reasonably necessary in the Crown's opinion for the purpose of the project.
10. 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. 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.
Fifth Schedule
Rights and Powers in Right of Way Easement
The implied rights and powers in the Fourth Schedule to the Land Transfer Regulations 2002, and the Fifth Schedule
to the Property Law Act 2007, shall apply to the easement except that the rights set out in:
(a) Clauses 11(1), 11(2), 11(3), 11(4) and 11(7) of the Fourth Schedule to the Land Transfer Regulations 2002; and in
(b) Clause 2(d) of the Fifth Schedule to the Property Law Act 2007
are specifically excluded.
The land is located at 1074-1084 Great North Road,
Point Chevalier, Auckland.
Dated at Wellington this 28th day of May 2013.
HON MAURICE WILLIAMSON, Minister for Land Information.