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 hereto (“land”) and the lease over the land described in the Second Schedule hereto (“lease”).

The land and lease are required for construction of the State Highway 1, the Northern Corridor Improvements Project (“project”). More particularly, the land described in the First Schedule is required for the functioning indirectly of a road and the land described in the Second Schedule is a lease required for temporary occupation during construction, on the terms set out in the Third Schedule. The land may be declared road either as to all or as to separate parts following construction of the project.

The reason why the Minister for Land Information considers it essential to take the land is for the construction of a retaining wall. As the road level is slightly lower than the site’s ground level, a cut retaining wall of up to 1.6m in depth is proposed to support the site. A 2m high acoustic protection barrier is also proposed to extend from the edge of the existing acoustic protection barrier eastwards.

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 service 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 Alan Roskruge at Align Limited, 399 New North Road, Kingsland, Auckland 1021. Postal Address: Align Limited, PO Box 147105, Ponsonby, Auckland 1011. Telephone: (09) 361 6447.

North Auckland Land District—Auckland City

First Schedule

Second Schedule

Third Schedule

Purpose for Which the Leasehold Estate is Required

The leasehold estate is required to allow the Crown to occupy the lease land during construction of the Project. The lease land will be used for storing materials, access to construction sites and such other purpose or purposes reasonably required for construction of the Project.

Terms of the Leasehold Estate

1. For the purposes of the lease, any reference to the Crown includes its employees, engineers, assistants, consultants, contractors and invitees.
2. The lease shall commence on the 14th day after publication of a proclamation in the New Zealand Gazette, and terminate on 31 March 2022 (“term”).
3. The registered proprietor of the land shall be entitled to receive current market rent for the term, such rate assessed as being $1,250 plus GST per annum.
4. Notwithstanding the term, the Crown may terminate the lease at any time by giving the registered proprietor of the land six months’ notice in writing.
5. 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 land at all times, with or without such vehicles, machinery or materials for the purpose of the lease.
6. Prior to commencing construction of the Project, the Crown shall erect a temporary fence around the lease land and maintain it for the duration of the term to provide adequate security for the lease land.
7. The Crown shall take reasonable steps to minimise damage to the lease land arising from the Crown’s occupation under the lease and construction of the Project.
8. The Crown shall, at the expiration of the term, remove all debris arising from the Crown’s occupation under the lease together with all temporary fences, construction machinery, construction buildings, sheds, hardstands and other improvements erected by the Crown during the term and restore the lease land to generally the same state and condition as existing prior to the Crown’s entry to the lease land.

Land located at 5 Greenwich Way, Unsworth Heights.

Dated at Wellington this 22nd day of January 2018.

Hon EUGENIE SAGE, Minister for Land Information.