Notice is hereby given that the Minister for Land Information proposes to take, under the Public Works Act 1981, the land described in the Schedule hereto (“land”).

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 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 reasons why the Minister for Land Information considers it essential to take interests in the land is to replace the McClymonts Overbridge with a new overbridge to the south of the existing alignment, which extends in to the northern corner of 98 McClymonts Road. This new bridge will also contain improved pedestrian footpaths and cycle provision. The proposed finished level of McClymont’s Road is higher than the site's ground level at its northern end, a retaining structure of up to approximately 4.3m in height to support the road adjacent to the northern property boundary.

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

First Schedule

Second Schedule

Third Schedule

Purpose for Which the Leasehold Estate is Required

The leasehold estate (“lease”) 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 $1,024 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.

The land is located at 98 McClymonts Road, Albany, Auckland.

Dated at Wellington this 22nd day of January 2018.

Hon EUGENIE SAGE, Minister for Land Information.