Notice Type
Land Notices
Notice Title

Notice of Intention to Take Land and a Lease for Motorway Purposes—Christchurch Northern Arterial Project, Christchurch City

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 lease (“lease”) in the land described in the Second Schedule to this notice (“lease land”) on the terms and conditions set out in the Third Schedule to this notice.

The land is required for construction of the Christchurch Northern Arterial Project (“project”) and the lease is required to allow for temporary occupation during construction of the project. More particularly, the land and the lease are required for motorway purposes.

The project is required to cater for increasing traffic volumes and to improve the safety and efficiency of State Highway 74 and the local road network.

The owner of the land and those persons with a registered interest in it have been served with notice of the Minister for Land Information’s intention to take the land and the lease 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 Hamish Stallworthy, 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 4050.

Canterbury Land District—Christchurch City

First Schedule

Area
ha

Description
0.0742 Part Lot 1 DP 382021 (part Computer Freehold Register 328105); shown as Section 3 on SO 491157.
0.1111 Part Lot 5 DP 593 (part Computer Freehold Register CB8K/1376); shown as Section 14 on SO 490397.

Second Schedule

Area
ha

Description
0.2060 Part Lot 1 DP 382021 (part Computer Freehold Register 328105); shown as Area 3A on SO 491157.

Third Schedule

Purpose for Which the Lease 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 as a temporary road while bridge construction works take place.

Terms of the 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 later of 1 September 2016 or the 14th day after publication in the New Zealand Gazette of a Proclamation taking the land and the lease, 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 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 temporary fences or other improvements required to be erected by the Crown on the lease land 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 land is located at 176 Belfast Road, Belfast and 42–50 Crawford Road, Belfast, Christchurch.

Dated at Wellington this 3rd day of March 2016.

Hon LOUISE UPSTON, Minister for Land Information.