Notice Type
Land Notices
Notice Title

Notice of Intention to Take Land and a Leasehold Estate—State Highway 1, Wellington Northern Corridor (Peka Peka to Ōtaki Expressway), Otaki 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 First Schedule to this notice (“land”) and the leasehold estate (“lease”) in the land described in the Second Schedule to this notice (“lease land”) on the terms and conditions described in the Third Schedule to this notice

The land is required for construction of the State Highway 1, Wellington Northern Corridor (Peka Peka to Ōtaki Expressway) (“project”). The lease is required to allow for temporary occupation during construction of the project. The land and the lease are required for the functioning indirectly of a road. The land will be declared road and vested in the Kapiti Coast District Council.

The project is required to cater for increasing traffic volumes and to improve the safety and efficiency of State Highway 1 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, 5th Floor, District Court Building, 49 Ballance Street, Wellington 6011, or by post to DX SX11154, Wellington, 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 David Hoffman, The Property Group Limited, Level 10, Technology One House, 86–96 Victoria Street, Wellington 6011. Postal Address: PO Box 2874, Wellington 6140. Telephone: (04) 470 6124.

Wellington Land District—Otaki District

First Schedule

Area
ha

Description
0.0422 Part Lot 2 DP 368337 (Computer Freehold Register 277592); shown as Section 1 on SO 497723.
0.0928 Part Lot 2 DP 368337 (Computer Freehold Register 277592); shown as Section 2 on SO 497723.

Second Schedule

Area
ha

Description
0.0787 Part Lot 2 DP 368337 (Computer Freehold Register 277592); shown as Area 1A on SO 497723.
0.0053 Part Lot 2 DP 368337 (Computer Freehold Register 277592); shown as Area 1B on SO 497723.

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 access, and facilitate landscaping on, adjoining land held by the Crown for the project.

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 July 2016 or the 14th day after publication of a Proclamation taking the land and the lease, and terminate on that date one year thereafter (“term”).

  3. The registered proprietors 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 proprietors, extend the term for three 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 proprietors are given notice of any such extension.

  5. Notwithstanding the term created, the Crown may terminate the lease at any time by giving the registered proprietors one month’s notice in writing.

  6. The Crown shall have the right to occupy the lease land for the purpose stated above 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 and for general storage of such vehicles, machinery or materials as reasonably required for construction of the project.

  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, 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 entry. The Crown shall complete such work in a good and workmanlike manner.

The land is located at 45 Otaki Gorge Road, Otaki.

Dated at Wellington this 29th day of June 2016.

Hon LOUISE UPSTON, Minister for Land Information.