The Right Hon Dame PATSY REDDY, gnzm, qso,
Pursuant to section 26 of the Public Works Act 1981, I, The Right Honourable Dame Patsy Reddy, Governor-General of New Zealand, hereby declare the leasehold estate (“Lease”) over the land described in the First Schedule (“Lease Land”) to be taken for the functioning indirectly of a road on the terms and conditions set out in the Second Schedule and vested in the Crown on the 14th day after the date of the publication of this Proclamation in the New Zealand Gazette.
North Auckland Land District—Auckland
0.0004 hectares being part Lot 26 DP 489308 (part Record of Title 708828); shown as Area 1A on Survey Office Plan 513837.
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 the construction of a retaining wall to support the busway and shared use path to be constructed as part of the Project.
Terms of the Lease
- For the purpose of the lease, any reference to the Crown includes its employees, engineers, assistants, consultants, contractors and authorised invitees.
- The lease shall commence on the 14th day after publication of a Proclamation taking the land and the lease in the New Zealand Gazette, and terminate on that date two years thereafter (“term”).
- The registered proprietor shall be entitled to receive a current market rent for the term, such rate to be determined by a registered valuer and agreed between the parties or otherwise in accordance with the Public Works Act 1981 at the commencement of the lease.
- The Crown may, on the giving of written notice to the registered proprietor, extend the term for two further periods of one year 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.
- Notwithstanding the term created, the Crown may terminate the lease at any time by giving the registered proprietor one month’s notice in writing.
- 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 Lease Land at all times, with or without such vehicles, machinery or materials for the purpose set out in the notice.
- Prior to commencement of the Project the Crown shall erect a temporary fence for the period of construction of the Project to provide an adequate safety barrier to the balance of the property.
- 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.
- 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 and other improvements required to be erected on the Lease Land by the Crown during the lease. The Crown shall otherwise restore the Lease Land to conditions generally in keeping with the character of the Lease Land prior to entry. The Crown shall complete such work in a good and workmanlike manner.
The land is located at 38 Colliston Rise, Pinehill, Auckland.
Given under the hand of Her Excellency the Governor-General of New Zealand, and issued under the Seal of New Zealand this 26th day of April 2019.
Hon EUGENIE SAGE, Minister for Land Information
God Save The Queen!