Notice is hereby given that the Auckland Council, under the provisions of section 23 of the Public Works Act 1981, proposes to take the land and interests described in the Schedules to this notice:

1. the land (“required land”) described in the First Schedule for road;
2. an easement in gross for the right of access for inspection and maintenance over the land described in the Second Schedule (on the terms and conditions described in the Fourth Schedule) (“easement”); and
3. the leasehold estate in the land described in the Third Schedule (“leasehold land”) (for the purpose and on the terms and conditions described in the Fifth Schedule) (“lease”) for temporary occupation for construction activities.

The required land, the easement and the lease are required for the Medallion Drive Extension Project (“project”).

The reasons why the Auckland Council considers it essential to take the required land, the easement and the lease are to provide a safe, multi-modal roading network, and for the construction, operation and maintenance of the project including a new road, pedestrian and cycling facilities, landscaping, the housing of utility services and ancillary activities and structures typically associated with the construction, operation and maintenance of a road. The new road link will provide for the effective, safe and efficient movement of vehicles and people along this corridor in a manner that is more effective for all modes of transport and to enable urban intensification.

The designation for the project is included in the district plan and includes the required land for roading purposes.

The owners of the required land and those with a registered interest in it have been served notice of Auckland Council’s intention to take the required land and have been advised of their rights to object.

Any other person having the right to object may send a written objection to the Registrar, Environment Court, Tribunals Division, Department for Courts, PO Box 7147, Wellesley Street, Auckland 1141 within 20 working days after the last date of publication of this notice.

If any objection is made in accordance with this notice, a public hearing will be held. The objector will have a right to appear and be heard personally unless the objector otherwise requires. 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 Peter Beckerleg, Property Acquisitions, Integrated Networks Division at Auckland Transport, 20 Viaduct Harbour Avenue, Auckland 1010. Postal Address: Private Bag 92250, Auckland 1142. Phone: (09) 477 2105.

North Auckland Land District—Auckland

First Schedule

Land Required for Road

Second Schedule

Easement Area

Third Schedule

Leasehold Land

The required land, the easement area and the leasehold land are located at 56 Fairview Avenue, Fairview Heights, Auckland.

Fourth Schedule

Easement Terms

1. Right of Access for Inspection and Maintenance

1.1 Council has installed a retaining wall, together with all associated structural and storm water components and facilities (“Retaining Wall”) within the required land and is responsible, at its own cost in all things, for repairing, maintaining and, if necessary, renewing the Retaining Wall so as to keep it in good order, repair and condition (unless the maintenance or repair is required as a result of the act, omission or negligence of the registered proprietor) and to ensure that it continues to provide full support for the road within the required land (“Road”) according to the original design and specifications. This requires that no part of the development on the parts of the registered proprietor’s land comprised in Section 1 and Section 3 SO 521484 (being part Lot 1 Deposited Plan 208793 part Computer Freehold Register NA137A/24) (“Owner’s Land”) that adjoin the Road may take or rely upon any lateral or other support from the Road, other than such support as is provided by the Road in its natural state.

1.2 Auckland Council may, on reasonable notice (being at least 2 working days except in an emergency), enter onto the Owner’s Land to:

1. carry out such inspections of the Retaining Wall as it considers appropriate from time to time, including carrying out such tests of the Retaining Wall and associated subsoil drainage outlets as it considers necessary; and
2. carry out such work as it considers necessary in its sole discretion to repair, maintain and renew the Retaining Wall. This clause is subject to clause 2.

2. Right of Entry by Auckland Council

2.1 Auckland Council may:

1. enter upon the Owner’s Land by a reasonable route and with all necessary tools, vehicles and equipment;
2. remain on the Owner’s Land for a reasonable time for the sole purpose of carrying out any inspection or completing the necessary work; and
3. leave any vehicles or equipment on the Owner’s Land for a reasonable time if the inspection or work is proceeding.

2.2 Where Auckland Council carries out any work under this clause 2, Auckland Council must ensure that:

1. all work is performed in a proper and workmanlike manner and is completed promptly;
2. as little damage or disturbance as possible is caused to the Owner’s Land or to the registered proprietor; and
3. any damage done to the Owner’s Land must be immediately made good as nearly as possible to its former condition.

Fifth Schedule

Lease

Purpose for Which the Leasehold Land is Required

The leasehold land 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 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 26 months, commencing from the date of first entry.
3. Auckland Council will pay to the registered proprietor a current market rental for the term of the lease, as determined by Bayleys Valuations Limited on 13 September 2017 at $119,000.00 per annum, including GST, if any.
4. Notwithstanding the term created, Auckland Council may terminate or extend 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 effectively separate construction activities on the leasehold land from the balance of the registered proprietor’s land.
7. Auckland Council will have the right to undertake earthworks on the leasehold land including levelling the leasehold land, construction of temporary sediment ponds, and any works required for underground services including realignments, renewals and repairs.
8. Prior to expiry of the lease, Auckland Council will, in a good and competent manner, restore the surface of the leasehold land back to a condition similar to the condition it was in prior to Auckland Council’s occupation subject to the earthworks undertaken in accordance with clause 7.

Dated at Auckland this 17th day of September 2018.

DEAN INGOE, Acting Group Manager Property and Planning, Auckland Transport (acting under delegated authority for and on behalf of STEPHEN MICHAEL TOWN, Chief Executive, Auckland Council).