Notice Type
Land Notices
Notice Title

Notice of Intention to Take Land and a Leasehold Estate for the Functioning Indirectly of a Road—Longswamp Section of the Waikato Expressway, Waikato District

Notice is hereby given that the Minister for Land Information proposes to take, under the Public Works Act 1981, the land described in the Schedules to this notice (“land”).

The land is required for the Longswamp Section of the Waikato Expressway. The land described in the First Schedule and the leasehold estate described in the Second Schedule are required for the functioning indirectly of a road. The leasehold estate is on the terms and conditions set out in the Third Schedule to this notice.

The Waikato Expressway will provide a continuous four-laned carriageway between the Bombay Hills and south of Cambridge.

The owners 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 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 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 Peter Gore, Opus International Consultants Limited, Opus House, Princes Street (Private Bag 3057), Hamilton 3240. Telephone: (07) 838 9776.

South Auckland Land District—Waikato District

First Schedule

Area
ha

Description
0.1436 Part Lot 3 DP 423437 (part Computer Freehold Register 491010); shown as Section 6 on SO 494089.

Second Schedule

Area
ha

Description
2.7780 Part Lot 3 DP 423437 (part Computer Freehold Register 491010); shown as Area 1A on SO 494089.

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 to facilitate accommodation works which will comprise the establishment of a batter on approximately 1.2000 hectares of the lease land and associated compaction and reseeding.

Terms of the Lease
  1. For the purpose of the lease, any reference to the Crown includes the NZ Transport Agency and their respective employees, engineers, assistants, consultants, contractors and authorised invitees.

  2. The lease will be for a term of two years commencing on the date the required interests vest in the Crown (“commencement”), and terminating on the date two years thereafter (“term”).

  3. The registered proprietor shall be entitled to receive a current market rent during 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 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 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. 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.

  8. The Crown shall, at the expiration of the term, or any extended period taken in accordance with clause 4, remove all debris arising from the Crown’s occupation under the lease together with any 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 the commencement of the term. The Crown shall complete such work in a good and workmanlike manner.

The land is located at 90 Hall Road, Rangiriri.

Dated at Wellington this 26th day of May 2016.

Hon LOUISE UPSTON, Minister for Land Information.

(LINZ CPC/2014/18074)