Notice is hereby given that the Whanganui District Council (“Council”), a local authority under the Local Government Act 2002, proposes under the Public Works Act 1981 (“PWA”) to acquire a restriction (“Restriction”) applicable to right of way easement 9786987.3 (“Easement 9786987.3”). Easement 9786987.3 is registered on the title to the land owned by the Council and described in Schedule 1 of this notice (“Restricted Land”).

Easement 9786987.3 benefits the land in Record of Title 655548 which is owned by the Council. Gregory Bruce Mallett and Jeannie Marie Lacy as trustees of the JAG Trust, is the lessee (“Lessee”) of the land in Record of Title 655548.

The Restriction is described in Schedule 2 and comprises a purported contractual right of the Lessee to restrict the Council’s use of the Restricted Land to emergency access by the Council only.

The Council is required to take and extinguish the Restriction to allow the Council to have better access from Airport Road to the airport precinct. The reasons why the Council considers it essential to take and extinguish the Restriction are as follows:

1. To improve operational safety, security and efficiency by allowing unrestricted access to the Whanganui Airport precinct from Airport Road via the Restricted Land; and
2. To allow the Council to undertake future development work in and around the Whanganui Airport precinct including airport expansion and upgrade.

The Lessee as occupier of the Restricted Land has been served with a notice of the Council’s Intention to take and extinguish the Restriction and the Lessee has been advised of its right to object.

Any other person having a right to object may send a written objection to the Registrar, Environment Court, 5th Floor, District Court Building, 49 Ballance Street, Wellington 6011, or by post to DX SX11154, Wellington, 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 Michael Dewhirst, Solicitor, PO Box 7256, Whanganui 4541. Telephone: (06) 281 3461.

Wellington Land District—Whanganui

Schedule 1: Restricted Land from which Restriction is intended to be taken

The Restricted Land is recorded under Easement 9786987.3 as a right of way over the area marked “B” on Deposited Plan 475601. The Restricted Land is situated at Whanganui Airport, adjacent to Airport Road, Whanganui, and the interest is registered on Records of Title 655548 (being the benefited land) and 655549 (being the burdened land).

Schedule 2: Restriction

The Restriction is a purported contractual right of the Lessee to restrict the Council’s use of the Restricted Land to emergency access by the Council only. The Restriction prevents the Council from having access over the Restricted Land from Airport Road for the proper operation of Whanganui Airport and for the expansion and upgrade of Whanganui Airport.

The Restriction is to be taken and extinguished to allow the Council and its agents, employees, contractors, tenants, licensees, and invitees to have right of way access on the terms described in Easement 9786987.3 to access Whanganui Airport for the proper operation of Whanganui Airport including the expansion and upgrade of Whanganui Airport.

The Restriction will be removed and extinguished entirely.

Dated at Whanganui this 19th day of March 2019.

KYM FELL, Chief Executive, Whanganui District Council.