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 the leasehold estate (“lease”) in the land described in the Second Schedule to this notice (“lease land”) (on the terms and conditions set out in the Third Schedule to this notice).

The land is required for construction of the Northern Corridor Improvements Project (“project”). More particularly, the land is required for the functioning indirectly of a road. The land may be declared road either as to all or as to separate parts following construction of the project.

The reasons why the Minister for Land Information considers it reasonably necessary to take the land is to provide better links for Northern Motorway (State Highway 1) travellers in Auckland and to improve transport options on the North Shore for freight, cars, pedestrians and cyclists. The project includes a new motorway connection between State Highway 1 and State Highway 18, opening up access to the Western Ring Route and airport.

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 advised of their right to object.

Any other person having the right to object may send a written objection to the Registrar, Environment Court, Specialist Courts and Tribunals Centre, Level 2, 41 Federal Street, Auckland 1010, or PO Box 7147, Wellesley Street, Auckland 1141, or DX CX10086, Auckland, 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 Dave Everiss, The Property Group Limited, Level 15, 34 Shortland Street, Auckland 1010. Postal Address: PO Box 104, Shortland Street, Auckland 1140. Telephone: (09) 309 8517.

North Auckland Land District—Auckland

First Schedule

Land

Second Schedule

Lease Land

Third Schedule
Terms and Conditions for the Lease Land

The lease is required to allow the Crown to occupy the lease land during construction of the project. In addition the lease is required to allow the Crown to remove the parts of the existing exterior walls on the lease land and to construct and weatherproof a new exterior wall to the building that will remain on the boundary of the lease land and the balance of the land in Computer Freehold Register NA109C/545.

Terms of the Leasehold Estate:

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 31 March 2018 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 two years 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 prior to the expiry of the lease, extend the term for two further periods of one year should the works on the lease land authorised by this lease 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 months’ notice in writing.
6. During the term the Crown is entitled to remove the improvements located on the lease land including the right to remove or disconnect and cap any affected services. The Crown shall take all reasonable steps to minimise damage to the lease land arising from the removal of any such improvements and the capping of services or from the Crown’s occupation under the lease and/or the execution of construction of the project.
7. The Crown shall have the right to occupy the lease land for the purpose stated above for the term and for the avoidance of doubt such right shall include:
   1. the right to enter and re-enter the lease land by a reasonable route from the balance of the land in Computer Freehold Register NA109C/545 at all times, with or without such vehicles, machinery or materials for the purpose set out in the notice;
   2. The right to access the interior of the building where required to:
      1. complete the works to the construction of the new exterior wall;
      2. reinstate the utilities and services relating to the building affected by such works.
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, hardstands, and other improvements required to be erected 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 and lease interests are located at 17 Arrenway Drive, Rosedale, Auckland.

Dated at Wellington this 12th day of February 2018.

Hon EUGENIE SAGE, Minister for Land Information.