Lt Gen The Rt Hon Sir JERRY MATEPARAE,
Governor-General

A Proclamation

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”) and the leasehold estate (“lease”) in the land described in the Second Schedule (“lease land”), to be taken for the functioning indirectly of a road on the terms specified in the Third Schedule.

The land described in the First Schedule and the lease described in the Second Schedule will vest in the Crown on the 14th day after the date of the publication of this Proclamation in the New Zealand Gazette.

Wellington Land District—Otaki District

First Schedule

Second Schedule

Third Schedule

Purpose for Which the Lease is Required

The lease is required to allow the Crown to occupy the lease land during the removal of all improvements located on the lease land. The lease land will be used to facilitate the removal of all improvements on the lease land and such other purpose or purposes reasonably required for construction of 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 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 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 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 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.
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 have the right to remove any such improvements located on the lease land, including the right to remove or disconnect and cap any affected services. The Crown shall take all reasonable steps to minimise damage to the lease land arising from the removal of any such improvements and the capping of services or 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 50 Rahui Road, Otaki.

Given under the hand of His Excellency the Governor-General of New Zealand and issued under the Seal of New Zealand this 18th day of August 2016.

[L.S.]

Hon LOUISE UPSTON, Minister for Land Information.

God Save The Queen!

(LINZ CPC/2014/17848)