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 described in the First Schedule to be taken for road; and
(b) The leasehold estate ("Lease") in the land described in the Second Schedule ("Lease Land") (on the terms and conditions set out in the Third Schedule) to be taken for the functioning indirectly of a road
and vested in the Crown on the 14th day after the date of
the publication of this Proclamation in the New Zealand Gazette.
Wellington Land District-Kapiti Coast District
First Schedule
Area
ha Description
2.6865 Part Lot 2 DP 57892 (part Computer Freehold Register WN33A/680); shown as Section 5 on SO 459355.
Second Schedule
Area
ha Description
1.3225 Part Lot 2 DP 57892 (part Computer Freehold Register WN33A/680); shown as Area 102A on SO 459355.
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 construction of temporary stormwater and sediment control devices, 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. 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.
Given under the hand of His Excellency the Governor-General of New Zealand, and issued under the Seal of
New Zealand this 6th day of August 2013.
[L.S.]
HON MAURICE WILLIAMSON, Minister for Land Information.
GOD SAVE THE QUEEN!
(LINZ CPC/2011/16068)