Notice is hereby given that Hamilton City Council (“Council”) proposes to take, under the Public Works Act 1981, the land described in the First Schedule to this notice (“Land”), and the leasehold estate (“Lease”) in the land described in the Second Schedule to this notice (“Lease Land”) on the terms and conditions set out in the Third Schedule to this notice.
The Land and the Lease are required for the Peacocke Southern Links Project (“Project”). More particularly the Land is required for road and the Lease is required for the functioning indirectly of a road.
The reasons why Council considers it reasonably necessary to take the Land and the Lease are:
- the Land and the Lease are required for the Project, which is designed to support the development of the Peacocke growth cell on the South-Western fringe of Hamilton city and to significantly improve access to the city centre for properties in that area; and
- the land use is in accordance with the designation under the Hamilton City District Plan.
The owners of the Land and the Lease Land and those persons with a registered interest in it have been served with notice of Council’s intention to take the Land and the Lease 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, Wellesley Street, Auckland 1141, or DX CX10086, Auckland, 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 Nick Birdsall, The Property Group Limited, 150 Grantham Street, Hamilton, 3204. Postal Address: PO Box 123, Waikato Mail Centre, Hamilton 3240. Telephone: (07) 838 6255.
The Land and the Lease Land are located at 362B Peacockes Road, Hamilton.
Dated at Hamilton this 23rd day of June 2020.
RICHARD BRIGGS, Chief Executive, Hamilton City Council.
South Auckland Land District—Hamilton City
Land Required for Road
|0.0174||Part Lot 2 Deposited Plan South Auckland 68572 (part Record of Title SA55A/247); shown as Section 36 on Survey Office Plan 545035 sheets T1, T8 and T9 (plan).|
|0.0730||Part Lot 2 Deposited Plan South Auckland 68572 (part Record of Title SA55A/247); shown as Area 21 on the plan.|
Terms and Conditions of the Lease
Purpose for which the Lease is required:
The Lease is required to allow Council to occupy the Lease Land during the construction of the Project. The Lease Land will be used for construction activities, as a laydown area, for access to construction sites and reinstatement works, and for such other purpose or purposes reasonably required for construction of the Project.
Terms of the Lease:
- For the purpose of the Lease, any reference to Council 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 Lease in the New Zealand Gazette, and terminate on 1 June 2023 (“Term”).
- The registered owner 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.
- Council may, on the giving of written notice to the registered owner, extend the Term for one further period 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 owner is given notice of any such extension.
- Notwithstanding the Term created, Council may terminate the Lease at any time by giving the registered owner one month’s notice in writing.
- Council shall have the right to occupy the Lease Land for the purpose stated above for the Term and any renewal in accordance with clause 4 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 as are reasonably necessary for the purposes set out in this Lease. Council shall have the right to undertake minor earthworks and remove fences and other improvements within the Lease Land, with the exception of the six mature trees against the road frontage which will not be disturbed, and to move, repair and reinstate underground utilities and other improvements as may be reasonably appropriate.
- Prior to the commencement of the Project, Council shall, if required, erect and maintain temporary fencing for the period of construction of the Project to provide adequate security to the balance of the property.
- Council shall take all reasonable steps to minimise damage to the Lease Land arising from Council’s occupation under the Lease and/or the execution of construction of the Project.
- When exercising its rights under this Lease, Council:
- will at all times act in accordance with all relevant laws, bylaws, and regulations; and in particular will:
- obtain (if required) and act in accordance with all relevant resource and building consents; and
- without limiting any other terms, follow appropriate and legally compliant health and safety practices;
- will do all things entirely at its own cost;
- Council shall at the expiration of the Term, or any extended period taken in accordance with the Lease, remove all debris arising from Council’s occupation under the Lease together with any temporary fences, construction machinery, hardstands, and other improvements required to be erected by Council during the Lease. Council shall otherwise restore the Lease Land to a condition generally in keeping with the condition of the Lease Land prior to entry, so far as it is reasonable to do so. Council shall complete such work in a good and workmanlike manner.
- Clauses 4, 5, 6, 10, 11 and 12 of Part 2 and clause 13 of Part 3 of Schedule 3 of the Property Law Act 2007 are excluded from the Lease.