LT GEN THE RT HON SIR JERRY MATEPARAE,
Governor-General
A Proclamation
Pursuant to the Public Works Act 1981, I, Lieutenant General The Right Honourable Sir Jerry Mateparae, Governor-General of New Zealand, hereby declare:
(a) The land firstly described in the First Schedule hereto to be taken for local purpose (walkway) reserve, the land secondly described in the First Schedule hereto to be taken for local purpose (stormwater management) reserve and the land thirdly described in the First Schedule hereto to be taken for road; and
(b) The leasehold estate in the land described in the Second Schedule hereto (on the terms and conditions set out in the Third Schedule hereto) to be taken for temporary occupation for road construction works ("Leased Area")
and to vest in the Auckland Council on the 14th day after the date of the publication of this Proclamation in the
New Zealand Gazette.
North Auckland Land District-Auckland
First Schedule
Area
ha Description
0.0795
Part Allotment 124 Parish of Pakuranga; shown as Section 2 on SO 446394 (part Computer Freehold Register NA766/12).
2.1861
Part Allotment 124 Parish of Pakuranga; shown as Section 3 on SO 446394 (part Computer Freehold Register NA766/12).
0.3298 Part Allotment 124 Parish of Pakuranga; shown as Section 5 on SO 446394 (part Computer Freehold Register NA766/12).
Second Schedule
Area
ha Description
0.4023
Part Allotment 124 Parish of Pakuranga; shown as Section 4 on SO 446394 (part Computer Freehold Register NA766/12).
Third Schedule
Purpose for Which Leasehold Estate is Required
The leasehold estate ("Lease") is required to allow the Auckland Council or its officers, invitees or agents including Auckland Transport to occupy the Leased Area during the construction upgrade of Ormiston Road and Chapel Road ("Project"). The Leased Area will be used for temporary occupation for reinstatement works and will provide for safety and security of construction workers, machinery and equipment, and for public safety.
Terms of the Lease
1. The Auckland Council must give the registered proprietor reasonable notice prior to first entry onto the Leased Area for occupation during the construction of
the Project.
2. The Lease shall have a term of 30 months, commencing on the 14th day after publication of a Proclamation taking the land and the Lease Area in the New Zealand Gazette, and terminating on the date 30 months thereafter.
3. The Auckland Council shall not be liable to pay rent to the registered proprietor on the commencement of the Lease but shall pay rent only from the date of first entry onto the Leased Area for occupation. The rent payable shall be $4,000.00 plus GST (if any) for each calendar month during the term of the Lease or such figure as determined by the Land Valuation Tribunal.
4. The Auckland Council shall pay the rates on the Leased Area during the term, being a proportion, according to area, of the rates payable on the land which the Leased Area forms part.
5. Notwithstanding the term created, the Auckland Council may terminate the Lease at any time by giving the registered proprietor one month's notice in writing.
6. The Auckland Council shall have the right to occupy the Leased Area, subject to the Lease, including the right to enter and re-enter the Leased Area 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 Auckland Council 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 Auckland Council shall repair any damage caused to any part of the surface of the Leased Area resulting from the Auckland Council's occupation prior to expiry of the Lease. The Auckland Council shall, where required, remove from the Leased Area and surrounds all rubbish and trade waste, re-contour, topsoil and re-grass the Leased Area, subject to the Lease.
Given under the hand of His Excellency the Governor-General of New Zealand and issued under the Seal of New Zealand this 30th day of July 2013.
[L.S.]
HON MAURICE WILLIAMSON, Minister for Land Information.
GOD SAVE THE QUEEN!
(LINZ CPC/2005/10974)