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

The land and the lease are required for water augmentation and irrigation purposes for the Waimea Community Dam Project (“project”). More particularly, the lease is required to allow the Council to occupy the lease land during the construction of the project. The lease land will be used for the placement of temporary buildings, construction of temporary access roads, storage of materials, heavy machinery and equipment and such other purpose or purposes reasonably required for construction of the project.

The owner of the land and lease land and those persons with a registered interest in them have been served with notice of the Council’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, Level 1, District Court Building, 282 Durham Street, Christchurch 8013, or by post to DX WX11113, Christchurch, 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 Heather Bryant, The Property Group Limited, 4 Akersten Street, Port Nelson, Nelson 7010. Postal Address: PO Box 1551, Nelson 7040. Telephone: (03) 546 3258.

Nelson Land District—Tasman District

First Schedule

Second Schedule

Third Schedule

Terms of the Lease

1. For the purpose of the lease any reference to the Council includes its employees, engineers, assistants, consultants, contractors and authorised invitees.
2. The lease shall commence on the 14th day after publication of a proclamation taking the land and the lease in the New Zealand Gazette, and terminate on that date five years thereafter (“term”).
3. The Council may, on the giving of written notice to the registered proprietor, extend the term for one further period of two years 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.
4. Notwithstanding the term created, the Council may terminate the lease at any time by giving the registered proprietor three months’ notice in writing.
5. The Council 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 this notice.
6. The registered proprietor shall have the right to use the forestry roads within the lease land (in common with the Council and the Council’s contractors) and the existing logging skid sites (exclusively), for forestry purposes provided that, except in the case of emergency, the registered proprietor will advise the Council of its requirements no less than three months ahead of any scheduled harvesting activities requiring use of the same.
7. The Council shall have the right to fell and remove any trees on the lease land in accordance with the resource consent conditions relating to the project (which require consultation with the registered proprietor in the course of the preparation of a vegetation clearance plan to be prepared at least 20 days before the commencement of construction).
8. The commercial plantation trees within the lease land have been assessed and valued as follows:
   P Rad 2001 net stocked area: 8.5ha.
   Compensation Val ($/ha): $8,800.
   Total: $75,000.
9. On expiry of the lease, or earlier termination, the Council shall have the value of any of the commercial plantation trees actually felled under the authority of clause 6 of these terms and conditions, reassessed by the Council’s valuer and pay the registered proprietor for all such trees at the compensation value as at the date of expiry or earlier termination of the lease (provided that the above rates shall be used if the value has fallen) and shall deliver the lease land to the registered proprietor with all roads reinstated to the same condition as at commencement of the lease.
10. On expiry of the lease, or earlier termination, the Council shall be responsible for delivery of the lease land to the registered proprietor as follows:
    1. All areas where commercial plantation trees have been felled shall be prepared to industry standards ready for replanting; and
    2. all other cleared areas shall be remediated by way of suitable planting and subject to the right for Council to replant all or part of such areas in hill slope beech forest in accordance with condition 18(a) of the resource consent conditions for the project (which require replanting of 5ha in hill slope beech forest).

The land is located at Lee Valley.

Dated at Richmond this 4th day of May 2017.

LINDSAY McKENZIE, Chief Executive, Tasman District Council.