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 ("land") described in the First Schedule to be taken for road; and
(b) The leasehold estate ("lease") over the land described in the Second Schedule to be taken for the functioning indirectly of a road to allow for temporary occupation during construction of the road on the terms contained in the Third Schedule,
such land and lease to vest 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
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
Terms and Conditions of Lease
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. Prior to commencement of the project, the Crown 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 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.
9. 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.
10. 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 28th day of August 2013.
[L.S.]
HON MAURICE WILLIAMSON, Minister for Land Information.
GOD SAVE THE QUEEN!
(LINZ CPC/2012/16600)