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 of this notice (“land”) and a leasehold estate (“lease”) over the land described in the Second Schedule of this notice (“lease land”), such lease to contain the terms and conditions set out in the Third Schedule of this notice.

The land and the lease land have been designated and is required for construction, operation and maintenance of the Ara Tūhono–Pūhoi to Wellsford Road of National Significance: Puhoi to Warkworth Section (“project”). More particularly, the land and the lease are required for motorway purposes.

The project is required to:

1. increase long-term corridor capacity, improve route quality and safety (eg gradient, alignment, overtaking), improve freight movement and provide resilience in the wider State highway network through the addition of a four-lane route;
2. increase travel time consistency and decrease travel times to and from the north end of the Johnstone’s Hill Tunnels and the north end of Warkworth; and
3. alleviate congestion at Warkworth by providing a Warkworth bypass for through traffic.

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 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 Dean Askew, The Property Group Limited, Level 15, 34 Shortland Street (PO Box 104), Auckland 1010. Telephone: (09) 309 8546.

North Auckland Land District—Auckland

First Schedule

Second Schedule

Third Schedule: Terms and Conditions

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 construction of the project. Such use shall include but not be limited to construction of improvements for use as construction yards or contractor’s compounds, the depositing of fill and spoil (on a temporary or permanent basis), re-contouring of the lease land, laydown areas, access to construction sites, and such other purpose or purposes reasonably required for construction of the project.

Terms of the Lease

1. For the purpose of this lease any reference to the Crown includes its employees, engineers, assistants, consultants, contractors and authorised invitees.
2. 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 (subject to clauses 4 and 5 below) terminate on that date five years after such commencement date (“term”).
3. The registered proprietor shall be entitled to receive a current market rent from the Crown for the term, such rate to be determined by a registered valuer and subsequently agreed between the parties, or, if the parties are unable to agree by determination, in accordance with the Public Works Act 1981.
4. The Crown may, on the giving of written notice to the registered proprietor (such notice to be given no later than one month prior to the expiry of the term), extend the term of the lease for up to two further periods of two years each if it becomes evident that the project will not be completed by the expiry of the term. The rent payable under the lease shall be reviewed so as to be the then current market rent of the lease land at the time the registered proprietor is given notice of any such extension, with the reviewed rent to apply as from the first day of the extended term.
5. Notwithstanding the term created, the Crown may terminate the lease without penalty 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 (and use it for the purposes set out in the first paragraph of this Third Schedule) 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 this notice.
7. Prior to commencement of the project the Crown shall erect a temporary fence between the lease land and the balance of the registered proprietor’s land for the period of construction of the project to provide an adequate safety barrier to the balance of the registered proprietor’s land.
8. The covenants, conditions and powers implied in leases of land contained in Schedule 3 of the Property Law Act 2007 are negatived, except:
1. Clause 1, Part 1;
2. Clause 2, Part 1; and
3. Clauses 4(1), 8, 9, 11(1)(c), and 11(2) of Part 2.
9. The Crown shall, at the expiration of the term (including any extended period taken in accordance with the terms of this 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.
10. On expiry or termination of the lease the Crown’s make good and reinstatement obligations shall be limited to removing any debris or structures of a temporary nature required to be erected by the Crown on the lease land during the lease. The Crown shall not be obligated to remove any fill or spoil deposited on the lease land but shall leave the lease land in a condition suitable for grazing use.

The land is located at 433 Woodcocks Road, Streamlands.

Dated at Auckland this 21st day of June 2016.

Hon LOUISE UPSTON, Minister for Land Information.