Lt Gen The Rt Hon Sir JERRY MATEPARAE,
Pursuant to section 26 of 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 (“land”) and the leasehold estate (“lease”) in the land described in the Second Schedule (“lease land”) for the purpose and on the terms specified in the Third Schedule to be taken for the functioning indirectly of a road and to vest in the Crown on the 14th day after the date of the publication of this Proclamation in the New Zealand Gazette.
Canterbury Land District—Selwyn District
|3.9350||Part Lot 1 DP 24365 (part Computer Freehold Register CB12B/1269); shown as Section 39 on SO 487605.|
|0.0395||Part Lot 1 DP 24365 (part Computer Freehold Register CB12B/1269); shown as Section 43 on SO 487605.|
|0.2014||Part Lot 1 DP 24365 (part Computer Freehold Register CB12B/1269); shown as Section 44 on SO 487605.|
Purpose for Which Leasehold Estate is Required:
The lease is required for the safe demolition of improvements which are partly on the land and partly on the lease land; and such other purpose or purposes reasonably required for construction of the Christchurch Southern Motorway Project (“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 give 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.
Given under the hand of His Excellency the Governor-General of New Zealand and issued under the Seal of New Zealand this 30th day of November 2015.
Hon LOUISE UPSTON, Minister for Land Information.
God Save The Queen!