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:

1. the land described in the First Schedule to be taken for the functioning indirectly of a road; and
2. the leasehold estate (“lease”) over the land described in the Second Schedule (“lease land”), on the terms and conditions set out in the Third Schedule, to be taken for the functioning indirectly of a road

and vested in the Crown on the 14th day after the date of the publication of this Proclamation in the New Zealand Gazette.

South Auckland Land District—Waikato 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 construction of the project. The lease land will be used to facilitate accommodation works which will comprise the establishment of a batter on approximately 1.2000 hectares of the lease land and associated compaction and seeding.

Terms of the Lease

1. For the purpose of the lease, any reference to the Crown includes the NZ Transport Agency and its respective employees, engineers, assistants, consultants, contractors and authorised invitees.
2. The lease shall commence on the 14th day after the publication of a Proclamation taking the land and the lease in the New Zealand Gazette and terminate 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. 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.
8. The Crown shall, at the expiration of the term or any extended period taken in accordance with clause 4, remove all debris arising from the Crown’s occupation under the lease together with any 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 the commencement of the term. The Crown shall 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 18th day of Augiust 2016.

[L.S.]

Hon LOUISE UPSTON, Minister for Land Information.

God Save The Queen!

(LINZ CPC/2014/18074)