Notice Type
Land Notices
Notice Title

Notice of Intention to Take Land for Road and the Functioning Indirectly of a Road for the Whangarei Improvements Project—(State Highway 1 Loop Road North to Smeatons Hill), 10 Portland Road, Whangarei

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 Whangarei Improvements Project (“project”). More particularly, the land is required for road and the lease 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 and lease are to:

  1. improve safety at the intersection of Loop Road North and Portland Road with State Highway 1;
  2. help manage growing traffic numbers in and around Whangarei by improving traffic flows in and around Whangarei;
  3. reduce travel delays especially for the transportation of freight and improve travel time reliability;
  4. the land is required to provide an additional dedicated left turn slip lane from Portland Road southwards onto State Highway 1 which will improve traffic movements at the intersection.

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, 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 Chris Palmer, The Property Group Limited, 17 Central Avenue, Whangarei 0110. Postal Address: PO Box 377, Whangarei 0140. Telephone: (09) 438 2372.

North Auckland Land District—Whangarei

The land and lease land are located at 10 Portland Road, Portland, Whangarei.

First Schedule – Land




Part Lot 5 Deposited Plan 56155 (part Computer Freehold Register NA8C/1476; shown as Section 1 on Survey Office Plan 522594.

Second Schedule – Lease Land




Part Lot 5 Deposited Plan 56155 (part Computer Freehold Register NA8C/1476; shown as Area A on Survey Office Plan 522594.

Third Schedule: Terms and Conditions of Lease

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 a laydown area, access to construction sites and for the construction of an embankment and a storm water swale and for such other purpose or purposes reasonably required for construction of the project.

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 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, at such rate determined by a registered valuer 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 each 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, with effect from the commencement of the extended term for the extended term.
  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 purpose stated above 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, if required erect a temporary fence for the period of construction of the project to provide adequate security 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, 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 condition of the lease land prior to entry. The Crown shall complete such work in a good and workmanlike manner.

Dated at Wellington this 24th day of August 2018.

Hon EUGENIE SAGE, Minister for Land Information.