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”) to be taken for motorway purposes and the leasehold estate (“lease”) in the land described in the Second Schedule (“lease land”) to be taken for motorway purposes on the terms specified in the Third Schedule. The land and the lease will 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—Christchurch City
|4.2553||Part Lot 17 DP 699 (Computer Freehold Register CB23F/85); shown as Section 12 on SO 490397.|
|0.2159||Part Lot 17 DP 699 (Computer Freehold Register CB23F/85); shown as Section 29 on SO 490397.|
|0.0631||Part Lot 19 DP 699 (Computer Freehold Register CB23F/84); shown as Section 13 on SO 490397.|
|0.0248||Part Lot 17 DP 699 (Computer Freehold Register CB23F/85); shown as Area 12B on SO 490397.|
Purpose for Which Lease is Required
The lease is required to allow the Crown to occupy the lease land during the construction of the Christchurch Northern Arterial Project (“project”). The lease land will be used to facilitate the removal of all improvements on the land and the lease land and such other purpose or purposes reasonably required for construction of the project.
Terms of the Leasehold Estate
- For the purpose of the lease, any reference to the Crown includes its employees, engineers, assistants, consultants, contractors and authorised invitees.
- The lease will commence on the later of 1 September 2016 or 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 (“term”).
- The registered proprietor will 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.
- 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 will be reviewed at the time the registered proprietor is given notice of any such extension.
- 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 will have the right to occupy the lease land for the term and, for the avoidance of doubt, such right will 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 will erect a temporary fence for the period of construction of the project to provide adequate security to the balance of the property.
- The Crown will 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 will, 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 will otherwise restore the lease land to a condition generally in keeping with the character of the lease land prior to entry. The Crown will complete such work 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 21st day of June 2016.
Hon LOUISE UPSTON, Minister for Land Information.
God Save The Queen!