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 to this notice (“land”).
- A leasehold estate (“lease”) over that part of the land described in the Second Schedule (“lease land”) on the terms set out in the Fourth Schedule to this notice.
- An easement in gross for a right of way (“easement”) over that part of the land described in the Third Schedule to this notice (“easement area”) and containing the rights and powers set out in Schedule 5 of the Land Transfer Regulations 2018 (“Regulations”) except as varied by the terms set out in the Fifth Schedule to this notice.
The land, the lease and the easement are required for construction of the State Highway 3 Te Ahu a Turanga: Manawatū Tararua Highway Project (“project”). More particularly, the land, lease and easement are required for the functioning indirectly of a road. Part of the land is required for road and part is required for stormwater ponds to collect runoff from the new road. The lease is required to allow for temporary occupation during construction of the project. The easement is required to provide access for construction on the land.
The project is required to construct a safer and more efficient State Highway 3 route to connect the Manawatū, Tararua, Hawke’s Bay and northern Wairarapa areas and replace the closed State Highway 3 Manawatū Gorge route.
The owners of the land, lease land and the easement area 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, lease and easement and notified of their right to object.
Any other person having the 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 Ken Billing, The Property Group Limited, Level 8, TSB Bank Tower, 7–21 Fitzherbert Avenue, Palmerston North 4410. Postal Address: PO Box 12066, Inner City, Palmerston North 4444. Telephone: (06) 356 1697.
Wellington Land District – Tararua District
|46.9704||Part Section 14 Block IV Gorge Survey District (Record of Title WN40B/274); shown as Section 3 on Survey Office Plan 543563.|
|11.6321||Part Section 14 Block IV Gorge Survey District (Record of Title WN40B/274); shown as Area 9 on Survey Office Plan 543563.|
|6.5471||Part Section 14 Block IV Gorge Survey District (Record of Title WN40B/274); shown as Area 10 on Survey Office Plan 543563.|
|0.4431||Part Section 14 Block IV Gorge Survey District (Record of Title WN40B/274); shown as Area 11 on Survey Office Plan 543563.|
|0.3627||Part Section 14 Block IV Gorge Survey District (Record of Title WN40B/274); shown as Area 12 on Survey Office Plan 543563.|
|0.5801||Part Section 14 Block IV Gorge Survey District (Record of Title WN40B/274); shown as Area 13 on Survey Office Plan 543563.|
Part Section 14 Block IV Gorge Survey District comprised in Record of Title WN40B/274 shown marked A, C and D on Survey Office Plan 543563.
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 access to construction sites, site compound and laydown areas, construction of batter slopes, spoil sites 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 the Crown includes its employees, engineers, assistants, consultants, contractors and authorised invitees.
- The lease will 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 five years thereafter (“term”).
- The registered owner will 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 owner, 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 will be reviewed at the time the registered owner is given notice of any such extension.
- Notwithstanding the term created, the Crown may terminate the lease at any time by giving the registered owner one month’s notice in writing.
- The Crown will have the right to occupy the lease land for the term and for the avoidance of doubt such right will 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.
- The Crown will have the right to remove any improvements located on the lease land. The Crown will take all reasonable steps to minimise damage to the lease land arising from the removal of any such improvements or from the Crown’s occupation under the lease and/or the execution of construction of the project.
- The Crown’s occupation under the lease will affect an area of open space shown as Area A on DP 496381 (“covenant area”). The covenant area is protected by Instrument 10421146.1 (open space covenant) which provides that no act or thing may be done or permitted, or placed or allowed to remain, in the covenant area which materially alters the appearance or condition of the covenant area or is prejudicial to the covenant area as an area of open space. Notwithstanding the terms of the open space covenant, the Crown will be permitted to occupy that part of the covenant area within the lease land and perform the works contemplated under this lease.
- Prior to commencement of the project the Crown will erect a temporary fence for the period of construction of the project to provide adequate security to the balance of the property.
- The Crown will take reasonable steps to provide access to the balance of the registered owner’s land during the period of construction.
- The Crown will 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 or other improvements required to be erected by the Crown on the lease land during the lease. The Crown will otherwise restore the lease land to a condition generally in keeping with the character of the lease land prior to entry, taking into account works the Crown was authorised to undertake under the lease. The Crown will 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.
Variation of Easement terms
1. Clause 6(5) of the Regulations is deleted and substituted as follows:
|6(5)||The easement facility comprises any existing formed tracks in the easement area and includes any new tracks required to be formed by the grantee in accordance with clause 10(1) of the Regulations.|
2. Clause 10(1) of the Regulations is deleted and substituted as follows:
The easement includes the right for the grantee at its sole discretion to:
3. Clauses 10(2) and 10(4) of the Regulations are deleted.
4. Clause 11 of the Regulations is deleted and substituted as follows:
|11||The grantee will be solely responsible for maintenance and repair of the easement facility and any associated costs during the term of this easement so as to keep the facility in good order and to prevent it from becoming a danger or nuisance.|
5. Clauses 12(2), 12(3), 12(6) and 12(7) of the Regulations are deleted and substituted as follows:
|12(2)||The grantee will use its reasonable endeavours to ensure, in the exercise of its rights under this easement, that any interference, damage or disturbance caused to the burdened land or the grantor is reasonably minimized.|
6. A new clause 15 is inserted as follows:
|15||Pursuant to section 26(3) Public Works Act 1981 this easement is taken and vested in the Crown for the purposes of the State Highway 3 Te Ahu a Turanga: Manawatū Tararua Highway Project (“Works”) having priority to rights created by Easement Instrument 5950784.2. The rights created by Easement Instrument 5950784.2 shall be limited, restricted or suspended as required for the purposes of the Crown performing the Works.|
7. A new clause 16 is inserted as follows:
|16||The easement will commence on the 14th day after publication of a proclamation taking the easement in the New Zealand Gazette, and will terminate on that date seven years thereafter or such earlier date notified in writing by the grantee.|
8. A new clause 17 is inserted as follows:
|17||In the event a conflict exists between the provisions of the Regulations and the modifications in this notice, the modifications will prevail.|
The land is located at 75 Cook Road, Ashhurst.
Dated at Wellington this 24th day of July 2020.
Hon EUGENIE SAGE, Minister for Land Information.