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 and Second Schedules of this notice (“land”), the easement interest described in the Third Schedule of this notice (“easement interest”) and a leasehold estate (“lease”) in the land described in the Fourth Schedule of this notice (“lease land”).
The land, the lease and the easement interest are required for the Christchurch Southern Motorway Project (Stage 2) (“project”). More particularly:
- the land described in the First Schedule and the easement interest are required for motorway; and
- the land described in the Second Schedule is required for the functioning indirectly of a road and following construction part will be vested in the Selwyn District Council as road; and
- the lease is required for the purpose specified in the Fifth Schedule and shall contain the terms also set out in the Fifth Schedule.
The project comprises part of the Christchurch Southern Corridor “Roads of National Significance” project that will provide access to Lyttelton Port and the Christchurch Central Business District for people and freight from south of Christchurch.
The owner of the land, the lease and the easement interest 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 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 1, District Court Building, 282 Durham Street, Christchurch 8013, or by post to PO Box 2069, Christchurch 8140, or DX WX11113, Christchurch, 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 Chris Jones, The Property Group Limited, Level 2, Lion House, 169 Madras Street, Christchurch Central, Christchurch 8011. Postal Address: PO Box 7240, Sydenham, Christchurch 8240. Telephone: (03) 363 5902.
Canterbury Land District—Selwyn District
|1.1570||Part Lot 2 DP 83245 (part Computer Freehold Register CB48A/747); shown as Section 15 on SO 482933.|
|0.0111||Part Lot 2 DP 83245 (part Computer Freehold Register CB48A/747); shown as Section 13 on SO 482933.|
|0.9697||Part Lot 2 DP 83245 (part Computer Freehold Register CB48A/747); shown as Section 9 on SO 482933.|
|0.0674||Part Lot 2 DP 83245 (part Computer Freehold Register CB48A/747); shown as Section 18 on SO 482933.|
Rights specified in Easement Certificate 5107407.4 over that part of:
|0.8705||Part Lot 1 DP 83245 (part Computer Freehold Register CB8A/746); marked “A” on SO 482993 appurtenant to Lot 2 DP 83245 (Computer Freehold Register CB48A/747).|
|0.0288||Part Lot 2 DP 83245 (part Computer Freehold Register CB8A/747); shown as Section 10 on SO 482993.|
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 for:
- Access for the construction of a kerb and channel and the reinstatement of the verge behind the kerb on adjoining land; and
- such other purpose or purposes reasonably required for construction of the project.
Terms of the Leasehold Estate
- For the purpose of this lease any reference to the Crown includes its employees, engineers, assistants, consultants, contractors and authorised invitees.
- 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 (“the term”).
- The registered proprietor shall be entitled to receive a current market rent for the term, such rate to be determined at the commencement of the lease by a registered valuer and agreed between the parties or otherwise in accordance with the Public Works Act 1981.
- The Crown may, on the giving of written notice to the registered proprietor, extend the term for a further six months should the project not be completed by the expiry of the term. The registered proprietor shall be entitled to receive a current market rent for the extended term, such rent to be determined by a review by a registered valuer (unless otherwise agreed between the parties) at the time the registered proprietor is given notice of any such extension.
- Notwithstanding the term created (including any extension), the Crown may terminate the lease at any time by giving the registered proprietor one month’s notice in writing.
- The Crown’s right to occupy the lease land for the term includes 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.
- The Crown shall have the right to remove any improvements located on the lease land. The Crown shall take all reasonable steps to minimise damage to the lease land arising from the removal of any such improvements or 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, or any extended period taken in accordance with the lease, remove all debris arising from the Crown’s occupation under the lease. The Crown shall reinstate the lease land to a condition generally in keeping with the character of the lease land prior to entry. The Crown shall complete such reinstatement works in a good and workmanlike manner.
The land is located at Main South Road, Christchurch–Rolleston.
Dated at Wellington this 11th day of August 2015.
Hon LOUISE UPSTON, Minister for Land Information.