Notice Type
Land Notices
Notice Title

Notice of Intention to Take a Leasehold Estate for the Functioning Indirectly of a Road—State Highway 1, Waikato Expressway (Longswamp Section), Waikato District

Notice is hereby given that the Minister for Land Information proposes to take, under the Public Works Act 1981, a leasehold estate (“lease”) over the land described in the First Schedule to this notice (“lease land”) for the functioning indirectly of a road. The proposed terms of the lease are set out in the Second Schedule to this notice.

The lease is required for the Waikato Expressway (Longswamp Section), which will provide a continuous four-laned carriageway between the Bombay Hills and south of Cambridge.

The owner of the lease 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 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 Greg Munro, Opus International Consultants Limited, Opus House, Princes Street (Private Bag 3057), Hamilton 3240. Telephone: (07) 858 7962.

South Auckland Land District—Waikato District

First Schedule

Area
ha

Description
0.0800 Part Section 39 Block XV Maramarua Survey District (Computer Freehold Register SA12D/171); marked “Area 1A” on SO 492680.
0.2000 Part Allotment 155 Whangamarino Parish (Computer Freehold Register SA19/266); marked “Area 1B” on SO 492680.

Second 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 0.2800 hecatres 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 its 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 interest vests in the Crown (“commencement date”) and terminating on the 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 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. 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 lease land is located at 68 Whangamarino Road, Rangiriri.

Dated at Wellington this 29th day of June 2016.

Hon LOUISE UPSTON, Minister for Land Information.

(LINZ CPC/2014/17631)