The Rt Hon Dame PATSY REDDY, gnzm, qso,
Governor-General

A Proclamation

Pursuant to the Public Works Act 1981, I, The Right Honourable Dame Patsy Reddy, Governor-General of New Zealand, hereby declare the land described in Schedule 1 (“Land”) and the leasehold estate (“Lease”) over the land described in Schedule 2 to be taken for the functioning indirectly of a road on the terms and conditions set out in Schedule 3 and vested in the Crown on the 14th day after the date of the publication of this Proclamation in the New Zealand Gazette.

North Auckland Land District—Auckland

Schedule 1: Land

Schedule 2: Land Over Which Lease is Intended to be Taken

Schedule 3: Lease Terms and Conditions

Purpose for Which the Lease is Required

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 ancillary purposes to the Project including temporary overflow of the construction site.

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 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, extend the term for two further periods 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.

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 land is located at 6 Cowley Place, Rosedale, Auckland.

Given under the hand of Her Excellency the Governor-General of New Zealand, and issued under the Seal of New Zealand this 16th day of August 2018.

Hon EUGENIE SAGE, Minister for Land Information.

God Save The Queen!

(LINZ CPC/2017/19675)