The Rt Hon Dame PATSY REDDY
Governor-General

A Proclamation

Pursuant to section 26 of the Public Works Act 1981, I, The Right Honourable Dame Patsy Reddy, Governor-General of New Zealand, hereby declare:

1. the land described in the First Schedule hereto to be taken for stormwater purposes; and
2. the leasehold estate in the land described in the Second Schedule hereto (on the terms and conditions set out in the Third Schedule) to be taken for temporary occupation for construction purposes

and to vest in the Auckland Council on the 14th day after the date of the publication of this Proclamation in the New Zealand Gazette.

North Auckland Land District—Auckland

First Schedule

Second Schedule

Third Schedule

Purpose for Which the Lease is Required

The leasehold estate (“lease”) is required to allow the Auckland Council or its officers, invitees or agents to occupy the lease area during the construction of the Takanini Stormwater Conveyance Corridor. The lease area will be used primarily for temporary occupation of a haul road for removal of soil from the channel excavation and may also be used for temporary occupation for reinstatement works, including the storage of materials, plant and equipment.

Terms of the Lease

1. The Auckland Council must give the registered proprietor reasonable notice prior to first entry onto the lease area for occupation during the construction of the project.

2. The lease shall have a term of 12 months, commencing on the 14th day after publication in the New Zealand Gazette of a Proclamation taking the land and the lease area, and terminating on the date 12 months thereafter.

3. The Auckland Council shall not be liable to pay rent to the registered proprietor on the commencement of the lease but shall pay rent only from the date of first entry onto the lease area for occupation. The rent payable shall be $3,083.33 plus GST (if any) for each calendar month during the term of the lease or such figure as determined by the Land Valuation Tribunal.

4. The Auckland Council shall pay the rates on the lease area during the term, being a proportion, according to area, of the rates payable on the land which the lease area forms part.

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

6. The Auckland Council shall have the right to occupy the lease area subject to the lease, including the right to enter and re-enter the lease area 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 Auckland Council 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 Auckland Council shall repair any damage caused to any part of the surface of the lease area resulting from the Auckland Council’s occupation prior to expiry of the lease. The Auckland Council shall, where required, remove from the lease area and surrounds all rubbish and trade waste, re-contour, topsoil and re-grass the lease area subject to the lease.

Given under the hand of Her Excellency the Governor-General of New Zealand and issued under the Seal of New Zealand this 12th day of December 2016.

Hon LOUISE UPSTON, Minister for Land Information.

God Save The Queen!

(LINZ CPC/2005/10974)