Lt Gen The Rt Hon Sir JERRY MATEPARAE,
Pursuant to the Public Works Act 1981, I, Lieutenant General The Right Honourable Sir Jerry Mateparae, Governor-General of New Zealand, hereby declare:
- The land described in the First Schedule to be taken for road and functioning indirectly of a road;
- The interest in land described in the Second Schedule to be taken for the functioning indirectly of a road on the terms contained in the Fourth Schedule; and
- The leasehold estate (“lease”) in the land described in the Third Schedule (“lease land”) (on the terms and conditions set out in the Fifth 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
|1.8110||Part Lot 3 DP 72985 (Computer Freehold Register WN40D/130); shown as Section 2 on SO 470914.|
Functioning Indirectly of a Road
|1.4166||Part Lot 3 DP 72985 (Computer Freehold Register WN40D/130); shown as Section 3 on SO 470914.|
Easement in favour of the Crown for the functioning indirectly of a road (stormwater easement) shown as “A” on SO 470914.
Land Required for Leasehold Estate
|1.6965||Part Lot 3 DP 72985 (Computer Freehold Register WN40D/130); shown as Area 101A on SO 470914.|
|0.9360||Part Lot 3 DP 72985 (Computer Freehold Register WN40D/130); shown as Area 102A on SO 470914.|
- The provisions of clauses 1, 2 and 10–14 of the Fourth Schedule of the Land Transfer Regulations 2002 are implied into this Easement Instrument except to the extent expressly provided for the contrary in this Easement Instrument.
- In this Easement Instrument:
- “Easement Facility” means the Stormwater manholes and Stormwater culvert.
- “Servient Land” means Section 4 on SO 470914 (Computer Freehold Register WN40D/130).
- “Stipulated Area” means that part of the Servient Land shown as “A” on SO 470914.
- “Stormwater corridor” means the land under which the Easement Facility is to be constructed by the Grantee.
- “Stormwater culvert” means the underground pipeline to be constructed by the Grantee within the Stipulated Area.
- “Stormwater manholes” means the circular underground concrete structures to be constructed by the Grantee within the Stipulated Area. Each such manhole will be fitted with a solid cover and collects stormwater runoff and routes it through underground pipes. It is an access point for underground pipes maintenance.
- The NZ Transport Agency may exercise any of the rights and powers of the Grantee under this Easement Instrument.
- The purpose of the Easement Facility is to drain the stormwater runoff from the road (Wellington Northern Corridor – MacKays to Peka Peka Expressway), following works carried out by the Grantee, in the immediate vicinity of the Servient Land.
- The Grantee needs to ensure the unimpeded performance of the Easement Facility in perpetuity, and therefore needs to reserve certain rights in relation to the Easement Facility and impose certain obligations on the Grantor in relation to the Servient Land.
- The Stormwater Corridor, the Stormwater manholes and the Stormwater culvert are integral parts of the Easement Facility.
- The Grantor may have access to and over the Stipulated Area subject to:
- compliance with this Easement Instrument; and
- any direction to the contrary from the Grantee.
- The Grantor must not (nor allow any other person to do so):
- modify the shape or height of the Stormwater corridor;
- dig, cut, excavate or undermine the Stormwater corridor;
- fill in the Stormwater manhole and Stormwater culvert or otherwise hinder, obstruct or impede the flow of water in the Stormwater culvert;
- construct, lay, or erect anything on, through, under or over the Stipulated Area except as permitted in clause 9 of this Easement Instrument;
- discharge any liquid into the Stormwater culvert or do anything (including, without limitation, new drainage from existing buildings, new impermeable areas, developments and subdivision on the Servient Land) which might create any new source of drainage which might discharge into the Stormwater culvert;
- plant any vegetation, except grass and shrubs, on the Stipulated Area;
- any other thing;
- The Grantor may construct or permit to be constructed on the Stipulated Area any improvement, including a vehicle crossing, that is not a building or structure of any kind or any improvement that would prevent access for repair and/or maintenance of the Easement Facility.
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 access to the bridge, construction of swale and sediment pond, access to construction sites and such other purpose or purposes reasonably required for construction of the project.
Terms of the Leasehold Estate
- The definitions detailed in the Fourth Schedule of this document shall apply to the terms of this Fifth Schedule.
- For the purpose of the lease, any reference to the Crown includes its employees, engineers, assistants, consultants, contractors and authorised invitees.
- The lease term shall commence on the day after the conclusion of court Proceedings ENV-2014-WLG-000043/44 and shall terminate two years after that date (“term”).
- 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.
- Notwithstanding the term created, the Crown may terminate the lease at any time by giving the registered proprietor one month’s notice in writing.
- 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.
- 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 if required by the lessor.
- 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.
- The Crown shall, at the expiration of the term, remove all debris arising from the Crown’s occupation under the lease together with any temporary fences, 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.
- The Crown acknowledges that the registered proprietor intends to carry out its own development on the land (“Development”) during the term, and that the Development requires continuity of access to the lease land and the balance of the land. Accordingly the Crown and the registered proprietor agree to co-operate with each other and co-ordinate their respective activities so that any disruption or inconvenience is minimised for both parties, and agree to keep each other informed of significant activities so that appropriate forward planning and mitigation can take place.
- The Crown agrees to exercise its rights under this lease so that the registered proprietor is not prevented from accessing the lease land except over that part of the lease land required for installation of the Easement Facility while the Easement Facility is being installed which will occur as soon as practicable after the commencement of the term, and the balance of the land for the Development throughout the term. The registered proprietor may install traffic signals to regulate access to and from the land and construct a vehicle access to provide access to and from the land.
Given under the hand of His Excellency the Governor-General of New Zealand and issued under the Seal of New Zealand this 19th day of August 2015.
Hon LOUISE UPSTON, Minister for Land Information.
God Save The Queen!