Notice is hereby given that the Auckland Council proposes to take, under the provisions of section 23 of the Public Works Act 1981, a soil nail easement over the land described in the First Schedule to this notice (“Easement Area”) on the terms and conditions set out in the Second Schedule to this notice (“Easement”) and a leasehold estate over the land described in the Third Schedule to this notice (“Leasehold Land”) for the purpose and on the terms and conditions contained in the Fourth Schedule to this notice (“Lease”).

The Easement and Lease are required for road purposes for the Auckland Manukau Eastern Transport Initiative Project (“Project”).

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

1. to construct, operate and maintain 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, including works to mitigate adverse effects (including effects on cultural values); and
3. to construct, operate and maintain a busway along the northern side of Lagoon Drive and Pakuranga Road, a pedestrian and cycle path along the northern side of Lagoon Drive, separate pedestrian and cycle paths along the northern side of Pakuranga Road, an additional bridge across the Tamaki River to the north of and parallel with the existing Panmure Bridge, and necessary retaining and other ancillary structures.

The owners of the Easement Area and Leasehold Land and those persons with a registered interest in it have been served with notice of the Auckland Council’s intention to take the Easement and 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, 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 1142. Phone: (09) 448 7397 or 021 507 289.

North Auckland Land District—Auckland

First Schedule

Easement Area

The land is located at 22 Church Crescent, Panmure, Auckland.

Second Schedule

Easement Terms

Easement Terms and Conditions

1. Definitions

In this easement, unless the context indicates otherwise:

Grantee means the Auckland Council and includes its successors and its agents, employees, contractors, tenants, licensees and invitees;

Grantor means the registered proprietor of the land and includes its successors in title and its agents, employees, contractors, tenants, licensees and invitees;

Retaining Wall means the retaining wall, together with all associated structural components and facilities, situated on the boundary between the Road Land and the Servient Land;

Road Land means the road(s) under the management and control of Auckland Council;

Servient Land means Lot 1 Deposited Plan 38895; and

Soil Nails means the soil nails inserted into the subsoil of the Servient Land and includes any related support mechanisms reasonably necessary to support the Retaining Wall.

2. Grant of Soil Nail Easement

2.1 The Grantee takes the right for the Grantee and the Grantee’s contractors, agents, workmen, licensees (in common with the Grantor, the Grantor’s tenants and any other persons lawfully entitled to do so) to install the Soil Nails in the Easement Area in order to stabilise and support the Retaining Wall.

2.2 If the Grantee causes any damage to the surface or subsoil of the Servient Land or the Easement Area in exercising its rights under clause 2.1 above, it will restore the Servient Land as nearly as practicable to its original condition; and restore any other consequential damage.

2.3 The Grantee will ensure that any work it performs is carried out in a proper and workmanlike manner and so as to cause as little disruption and inconvenience as practicable to the Grantor.

3. Maintenance

The Grantee is responsible for maintaining the Soil Nails in the Easement Area so that they do not become a nuisance or a danger.

Third Schedule

Leasehold Land

The land is located at 22 Church Crescent, Panmure, Auckland.

Fourth Schedule

Lease

Purpose for Which the Lease is Required

The Lease is required to allow the 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. The Auckland Council must give the registered proprietor reasonable notice (48 hours) prior to first entry onto the Leasehold Land for occupation during the construction of the Project.
2. The Lease shall have a term of six months, commencing from the date of first entry.
3. The Auckland Council will pay to the registered proprietor a current market rent for the term of the Lease, as determined by a registered valuer at $768.00 per annum including GST (if any).
4. Notwithstanding the term created, the Auckland Council may terminate the Lease or extend the term of the Lease at any time by giving the registered proprietor one month’s notice in writing.
5. The 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, the 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, the 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 the Auckland Council’s occupation.

Dated at Auckland this 18th day of June 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.)