Notice is hereby given that Auckland Council proposes to take, under the provisions of section 23 of the Public Works Act 1981, the land described in the First Schedule to this notice (“Land”) and a leasehold estate in that part of the land described in the Second Schedule to this notice (“Leasehold Land”) for roading purposes and on the terms and conditions contained in the Third Schedule to this notice (“Lease”).

The Land and Leasehold Land are required for road and it is intended to use the Land for the Auckland Manukau Eastern Transport Initiative Project (“Project”).

The reasons why Auckland Council considers it essential to take the Land and Leasehold Land are as follows:

1. to construct, operate and maintain the AMETI Project, being a safe, integrated multi-modal transport system that supports population and economic growth in East Auckland by providing improved alternative modes of transport;
2. to construct, operate and maintain the Eastern Busway Project (forming part of the AMETI Project) comprising a busway and a pedestrian and cycle path along the northern side of Lagoon Drive; and
3. to establish and maintain measures to address the effects of the work including landscaping and open space areas.

The owners of the Land and Leasehold Land and those persons with a registered interest in it have been served with notice of Auckland Council’s intention to take the Land and Leasehold 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. Postal Address: PO Box 7147, Wellesley Street, Auckland 1141, 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: Fenella Fischer, Principal Property Specialist, Infrastructure Division – Property and Planning, Auckland Transport, 20 Viaduct Harbour Avenue, Auckland 1010. Postal Address: Private Bag 92250, Auckland 1152. Phone: (09) 448 7397 or 021 507 289.

North Auckland Land District

First Schedule

The land is located at 13–17 Queens Road, Panmure, Auckland.

Second Schedule

The land is located at 13 Queens Road, Panmure, Auckland.

Third Schedule

Purpose for Which the Lease is Required

The Lease is required to allow Auckland Council and its officers, invitees or agents, including Auckland Transport, to occupy the Leasehold Land during the construction of the project. The Leasehold Land will be used for construction activities, access to construction activities and reinstatement works and will provide for safety and security of construction workers, machinery and equipment, and for public safety.

Terms of the Lease

1. Auckland Council must give the registered proprietor reasonable notice (48 hours) prior to first entry onto the Land for occupation during the construction of the Project.
2. The Lease shall have a term of one year, commencing from the date of first entry.
3. Auckland Council will pay to the registered proprietor a current market rent for the term of the Lease, as determined by Eyles McGough on 10 July 2017 at $8,500 per annum plus GST.
4. Notwithstanding the term created, Auckland Council may terminate the Lease at any time by giving the registered proprietor one month’s notice in writing.
5. Auckland Council will have the right to occupy the Leasehold Land, including the right to enter and re-enter the Leasehold Land at all times, with or without such vehicles, machinery or materials for the purpose set out in this notice.
6. Prior to commencement of the Project, Auckland Council will erect a temporary fence for the period of construction of the Project to provide adequate security to the balance of the registered proprietor’s land.
7. Prior to the expiry of the Lease, Auckland Council will, in a good and competent manner, restore the surface of the Leasehold Land back to the condition it was in prior to Auckland Council’s occupation

Dated at Auckland this 21st day of March 2018.

JANE SMALL, Group Manager Property and Planning, Auckland Transport (acting under delegated authority for and on behalf of Stephen Michael Town, Chief Executive, Auckland Council).