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 described in the Second Schedule to this notice ("leasehold estate").
The land and the leasehold estate are required for the Western Ring Route State Highway 16 Te Atatu to Lincoln Upgrade ("project").
The land will be taken for road, and the leasehold estate will be taken for the functioning indirectly of a road and contain the terms set out in the Third Schedule to this notice.
The project is part of the 48km Western Ring Route "Roads of National Significance" Project, which will significantly ease congestion and improve connectivity throughout Auckland and to the Auckland International Airport.
The project will improve access to and from the Northwestern Motorway from the local road network, which will ease queues and improve trip reliability and safety for motorists commuting to and from the Auckland CBD.
The owners of the land and the leasehold estate and those persons with a registered interest in them have been served with notice of the Minister for Land Information's intention to take the land and the leasehold estate 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, Level 2, 41 Federal Street, Auckland 1010, or by post to PO Box 7147, Wellesley Street, Auckland 1141, or to 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 Dean Askew, The Property Group Limited, Level 15, 34 Shortland Street, Auckland 1010. Postal Address: PO Box 104, Shortland Street, Auckland 1140. Telephone: (09) 309 8546.
North Auckland Land District-Auckland
First Schedule
Area
ha Description
0.0114 Part Lot 38 DP 46547 (part Computer Freehold Register NA1625/50); shown as Section 2 on SO 465911.
Second Schedule
Area
ha Description
0.0102 Part Lot 38 DP 46547 (part Computer Freehold Register NA1625/50); marked "Area 1A" on SO 465911.
The land and the leasehold estate are located at 7 Marewa Street, Te Atatu South, Auckland.
Third Schedule
Purpose for Which Leasehold Estate is Required
The leasehold estate ("lease") is required to allow the Crown to occupy the leasehold estate during the project for works associated with construction of a noise proofing wall 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 leasehold estate in the New Zealand Gazette, and terminate on that date one year 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 one further period 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 leasehold estate for the term and for the avoidance of doubt, such right shall include the right to enter and re-enter the leasehold estate 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 leasehold estate 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 the temporary fence and all debris arising from the Crown's occupation under the lease. The Crown shall otherwise restore the leasehold estate to a condition generally in keeping with the character of the leasehold estate prior to entry. The Crown shall complete such work in a good and workmanlike manner.
Dated at Wellington this 24th day of September 2013.
HON MAURICE WILLIAMSON, Minister for Land Information.