Notice Type
Land Notices
Notice Title

Land Taken for Road and Leasehold Estate Taken for the Functioning Indirectly of a Road—State Highway 1, Blenheim Ōpaoa Bridge Replacement Project, Marlborough District

The Rt Hon Dame PATSY REDDY, gnzm, qso,
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 the land described in the First Schedule (“land”) to be taken for road and the leasehold estate (“lease”) in the land described in the Second Schedule (“lease land”) to be taken for the functioning indirectly of a road on the terms specified in the Third Schedule. The land and the lease will vest in the Crown on the 14th day after the date of the publication of this Proclamation in the New Zealand Gazette.

Marlborough Land Registry—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

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.

Given under the hand of Her Excellency the Governor-General of New Zealand, and issued under the Seal of New Zealand this 26th day of July 2017.

[L.S.]

Hon MARK MITCHELL, Minister for Land Information.

God Save The Queen!

(LINZ CPC/2016/18737)