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Notice Type
Land Notices
Notice Title

Notice of Intention to Take Land and a Leasehold Estate in Land—State Highway 1, Blenheim Ōpaoa Bridge Replacement Project, Marlborough District

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

The land and lease are required for construction of the State Highway 1, Blenheim Ōpaoa Bridge Replacement Project (“project”). More particularly, the land described in the First Schedule is required for road and the lease is required for the functioning indirectly of a road.

The project is a key part of the government’s accelerated regional roading package. Once constructed, the project will improve travel time, trip reliability, make the region more resilient to natural disasters, relieve congestion and support State Highway 1 as a strategic freight route between Picton and Christchurch.

The owner of the 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 the lease 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, 5th Floor, District Court Building, 49 Ballance Street, Wellington 6011, or by post to DX SX11154, Wellington, 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 Peter Wilson, The Property Group Limited, 4 Akersten Street, Port Nelson, Nelson 7010. Postal Address: PO Box 1551, Nelson 7040. Telephone: (03) 546 3256.

Marlborough Land District—Blenheim

First Schedule

Area
ha

Description
0.1817 Part Lot 1 DP 4714 (Computer Freehold Register MB3A/114); shown as Section 4 on SO 506691.
0.1114 Part Lot 2 DP 2971 (Computer Freehold Register MB3B/328); shown as Section 1 on SO 506691.
0.0016 Part Lot 22 District of Wairau (Computer Freehold Register MB32/48); shown as Section 7 on SO 506691.

Second Schedule

Area
ha

Description
0.0756 Part Lot 1 DP 4714 (Computer Freehold Register MB3A/114); shown as Section 5 on SO 506691.
0.0420 Part Lot 1 DP 4714 (Computer Freehold Register MB3A/114); shown as Area 10 on SO 506691.
0.1639 Part Lot 2 DP 2971 (Computer Freehold Register MB3B/328); shown as Area 9 on SO 506691.

Third Schedule

Terms and Conditions

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 for site yards and laydown areas, access to the construction site, construction of batter slopes and re-shaping of the lease land to manage localised drainage.

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 September 2017 or the 14th day after publication of a proclamation taking the land and the lease in the New Zealand Gazette, 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 one further period 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 an adequate safety barrier 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 and other improvements required to be erected on the lease land 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 78 Grove Road and State Highway 1, Blenheim.

Dated at Wellington this 8th day of March 2017.

Hon MARK MITCHELL, Minister for Land Information.