Notice is hereby given that the Auckland Council proposes to take, under the provisions of section 23 of the Public Works Act 1981:

1. the land described in the First Schedule to this notice for road;
2. the leasehold estate (“lease”) described in the Second Schedule to this notice (on the terms and conditions described in the Fifth Schedule to this notice) for temporary occupation for road construction work;
3. an access and maintenance easement in gross over the land described in the Third Schedule to this notice and containing the rights and powers set out in Schedule 4 to the Land Transfer Regulations 2002 and Schedule 5 to the Property Law Act 2007; and
4. a specific design zone being a land covenant and restrictive covenant in gross over the land described in the Fourth Schedule to this notice.

The land and interests are required for the Glenvar Ridge Road Project (“project”) and, more particularly, the land and interests are required for roading purposes.

The reasons why the Auckland Council considers it reasonably necessary to take the land and interests are as follows: To provide a safe, multi-modal roading network, and for the construction of the Glenvar Ridge Road Project, which will make the movement of traffic and people along this corridor more effective for both local and through traffic by linking Glenvar Road with the development in the area. The designation for the Glenvar Ridge Road Project is approved in the district plan and includes the land for roading purposes.

The owner of the land and those persons with a registered interest in it have been served with notice of the Auckland Council’s intention to take the land and interests 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, Tribunals Division, Department of Courts, PO Box 7147, Wellesley Street, Auckland 1141, 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 Lewis Stradling, Align Limited, Level 2, 2 Fitzroy Street, Ponsonby, Auckland 1021. Postal Address: PO Box 147105, Ponsonby, Auckland 1021. Telephone: (09) 281 5478.

North Auckland Land District—Auckland

First Schedule

Second Schedule

Third Schedule

Part Lot 1 DP 60460; marked “B” on SO 501804 (part Computer Freehold Register NA16B/1476).

Fourth Schedule

Part Lot 1 DP 60460; marked “A” on SO 501804 (part Computer Freehold Register NA16B/1476).

Fifth Schedule

Purpose for Which the Leasehold Estate is Required

The leasehold estate is required to allow the Auckland Council and its officers, invitees or agents, including Auckland Transport, to occupy the land described in the Second Schedule to this notice during the construction of the Glenver Ridge Road Project. The land will be occupied to enable the construction of reinstatement works.

Terms of the Leasehold Estate

1. The Auckland Council must give The Baptist Union of New Zealand reasonable notice prior to first entry onto the land for occupation during the construction of the project.
2. The lease shall have a term of two years commencing on the 14th day after publication of a Proclamation taking the lease in the New Zealand Gazette, and terminating on the date two years thereafter.
3. The Auckland Council shall not be liable to pay rent to The Baptist Union of New Zealand on the commencement of the lease but shall pay rent only during the period of occupation. The rent payable shall be $6,787.00 inclusive of GST (if any) for an eight-week period and thereafter $848.38 inclusive of GST (if any) for each additional week during the term of the lease or such figure as determined by the Land Valuation Tribunal.
4. Notwithstanding the term created, the Auckland Council may terminate the lease at anytime by giving The Baptist Union of New Zealand one month’s notice in writing.
5. The Auckland Council may, on giving written notice to The Baptist Union of New Zealand, extend the two year term by a further six months should the works for which the lease is required not be completed by the expiry of the original period.
6. The Auckland Council will have the right to occupy the land subject to the lease, including the right to enter and re-enter the land at all times, with or without such vehicles, machinery and materials for the purpose set out in this notice.
7. The Auckland Council will repair any damage caused to any part of the surface of the land resulting from its occupation prior to the expiry of the lease.

The land is located at 282 Glenvar Road, Long Bay, Auckland.

Dated at Auckland this 22nd day of September 2016.

DAVID JOHN WARBURTON, Chief Executive, Auckland Transport (acting under delegated authority for and on behalf of Stephen Michael Town, Chief Executive, Auckland Council).