Notice Type
Land Notices
Notice Title

Land, Easements and Leases Taken for Road and the Functioning Indirectly of a Road—Silverdale, Auckland

The Rt Hon DAME PATSY REDDY gnzm, qso,

Governor-General

A Proclamation

Pursuant to section 26 of the Public Works Act 1981, I, The Right Honourable Dame Patsy Reddy, Governor-General of New Zealand, hereby declare:

  1. the land described in the First Schedule (“Land”) to be taken for road;
  2. a leasehold estate (“Lease 1”) in the land described in the Second Schedule (“Lease Land 1”) to be taken for the functioning indirectly of a road on the terms and conditions contained in the Third Schedule;
  3. a leasehold estate (“Lease 2”) in the land described in the Fourth Schedule (“Lease Land 2”) to be taken for the functioning indirectly of a road and stormwater purposes on the terms and conditions described in the Fifth Schedule;
  4. an easement (“Easement 1”) over the land described in the Sixth Schedule (“Easement Area 1”) to be taken for the functioning indirectly of a road on the terms and conditions in the Seventh Schedule; and
  5. an easement (“Easement 2”) over the land described in the Eighth Schedule (“Easement Area 2”) to be taken for the functioning indirectly of a road on the terms and conditions described in the Ninth Schedule;

and vested in the Auckland Council on the 14th day after the publication of this Proclamation in the New Zealand Gazette.

North Auckland Land District—Auckland

First Schedule

Land
Area
ha
Description
0.3155 Part Lot 9 Deposited Plan 515084 contained in Record of Title 908474 (North Auckland Land Registry); shown marked Section 1 on Survey Office Plan 547592
0.0230 Part Lot 100 Deposited Plan 515084 contained in Record of Title 908475 (North Auckland Land Registry); shown marked Section 2 on Survey Office Plan 547592

Second Schedule

Lease Land 1
Area
ha
Description
0.0379 Part Lot 9 Deposited Plan 515084 contained in Record of Title 908474 (North Auckland Land Registry); shown marked Section 6 on Survey Office Plan 547592
0.0583 Part Lot 100 Deposited Plan 515084 contained in Record of Title 908475 (North Auckland Land Registry); shown marked Section 3 on Survey Office Plan 547592

Third Schedule

Lease 1

Purpose for which Lease 1 is required:

Lease 1 is required to allow Auckland Council and its officers, invitees or agents including Auckland Transport, to occupy Lease Land 1 during construction of the Project. Lease Land 1 will be used for construction activities, access to construction activities and reinstatement works and will provide safety and security for construction workers, machinery and equipment, and public safety.

Terms of the Lease:

1. Auckland Council must give the owner reasonable notice, being at least forty-eight (48) hours, prior to first entry onto the Lease Land 1 for occupation under Lease 1.

2. Lease 1 shall have a term of eighteen (18) months, commencing on the 14th day after publication of a proclamation taking Lease 1 in the New Zealand Gazette, and terminate on that date that is eighteen months thereafter (“Term”).

3. Auckland Council will pay to the registered owner a current market rental for the Term of Lease 1, as determined by Roberts McKeown Limited on 30 August 2020, of:

  1. $12,317.50 per annum plus GST (if any) in respect of the area shown marked Section 6 on Survey Office Plan 547592; and
  2. $18,947.50 per annum plus GST (if any) in respect of the area shown marked Section 3 on Survey Office Plan 547592.

The rental will be paid on a monthly basis, in advance.

4. Auckland Council may, on the giving of written notice to the registered owner, extend the Term for two (2) further periods of six (6) months each 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.

5. Notwithstanding the Term created, Auckland Council may terminate Lease 1 at any time by giving the registered owner one month's notice in writing.

6. Auckland Council will have the exclusive right to occupy Lease Land 1, including the right to enter and re-enter Lease Land 1 at all times, with or without such vehicles, machinery or materials for the purpose set out in this notice.

7. Prior to commencement of the Project works on Lease Land 1, Auckland Council will erect a temporary fence, where required, to provide a safe environment and adequate security to the balance of the registered owner's land.

8. Prior to the expiry of Lease 1, Auckland Council will, in a good and competent manner, restore the surface of Lease Land 1 back to the condition generally in keeping with the condition it was in prior to Auckland Council's occupation.

Fourth Schedule

Lease Land 2
Area
ha
Description
0.2221 Part Lot 9 Deposited Plan 515084 contained in Record of Title 908474 (North Auckland Registry); shown marked Section 5 on Survey Office Plan 547592
0.1483 Part Lot 100 Deposited Plan 515084 contained in Record of Title 908475 (North Auckland Registry); shown marked Section 4 on Survey Office Plan 547592

Fifth Schedule

Lease 2

Purpose for which Lease 2 is required:

Lease 2 is required to allow Auckland Council and its officers, invitees or agents including Auckland Transport, to occupy Lease Land 2 during construction of the Project. Lease Land 2 will be used for stormwater purposes and for construction activities, access to construction activities and reinstatement works and will provide safety and security for construction workers, machinery and equipment, and public safety.

Terms of the Lease:

1. Auckland Council must give the owner reasonable notice, being at least forty-eight (48) hours, prior to first entry onto the Lease Land 2 for occupation under Lease 2.

2. Lease 2 shall have a term of eighteen (18) months, commencing on the 14th day after publication of a proclamation taking Lease 2 in the New Zealand Gazette, and terminate on that date that is eighteen months thereafter (“Term”).

3. Auckland Council will pay to the registered owner a current market rental for the Term of Lease 1, as determined by Roberts McKeown Limited on 30 August 2020, of:

  1. $72,182.50 per annum plus GST (if any) in respect of the area shown marked Section 5 on Survey Office Plan 547592; and
  2. $48,197.50 per annum plus GST (if any) in respect of the area shown marked Section 4 on Survey Office Plan 547592.

The rental will be paid on a monthly basis, in advance.

4. Auckland Council may, on the giving of written notice to the registered owner, extend the Term for two (2) further periods of six (6) months each 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.

5. Notwithstanding the Term created, Auckland Council may terminate Lease 2 at any time by giving the registered owner one month's notice in writing.

6. Auckland Council will have the exclusive right to occupy Lease Land 2, including the right to enter and re-enter Lease Land 2 at all times, with or without such vehicles, machinery or materials for the purpose set out in this notice.

7. Prior to commencement of the Project works on Lease Land 2, Auckland Council will erect a temporary fence, where required, to provide a safe environment and adequate security to the balance of the registered owner's land.

8. Prior to the expiry of Lease 2, Auckland Council will, in a good and competent manner, restore the surface of Lease Land 2 back to the condition generally in keeping with the condition it was in prior to Auckland Council's occupation, except in relation to those parts of Lease Land 2 that have been modified for stormwater purposes.

Sixth Schedule

Easement Area 1

Part Lot 100 Deposited Plan 515084 contained in Record of Title 908475, being those parts of the land shown marked Areas I, J and BC on Survey Office Plan 547592.

Seventh Schedule

Terms and Conditions of Easement 1

1. In this easement instrument, unless the context dictates otherwise:

Burdened Land means:

  1. 16.7975 hectares more or less being Section 8 on Survey Office Plan 547592;
  2. 0.0583 hectares more or less being Section 3 on Survey Office Plan 547592; and
  3. 0.1483 hectares more or less being Section 4 on Survey Office Plan 547592,

being part of Lot 100 Deposited Plan 515084 (Record of Title to be issued);

Easement Facility means any pipes and other equipment suitable for draining Stormwater (whether above or under the ground), and anything in replacement or substitution;

Grantee means Auckland Council and includes its successors and assigns any agents, employees, contractors, tenants, licensees and invitees of the Grantee;

Grantor means the registered owner of the Burdened Land and includes the agents, employees, contractors, tenants, licensees and invitees of the Grantor;

Stipulated Course means Easement Area 1; and

Stormwater includes rain, storm, spring, soakage or seepage water accumulated on other land and from any public street.

2. The Grantee has the right, as an easement in gross, to drain Stormwater without obstruction and in any quantity through the Easement Facility now laid or to be laid through the Stipulated Course.

3. The Grantee may enter the Stipulated Course with or without vehicles and machinery to do the following work:

  1. to dig, lay and/or erect the Easement Facility through or on the Stipulated Course, at a depth and line determined by the Grantee;
  2. to inspect, maintain, repair, dig up, alter, enlarge, renew or replace the Easement Facility (including replacement with an Easement Facility of the same or larger diameter); and
  3. to do anything else in the full exercise of the rights in this easement instrument, with the Grantee's agents, contractors and employees.

4. The Grantee must reinstate the surface of the Burdened Land as soon as possible after the work has been completed and resurface it if necessary, with appropriate materials so as to restore it as nearly as possible to its former condition.

5. The Grantor may not:

  1. place any buildings or other improvements, or plant or allow any tree or shrub to grow, on the Stipulated Course;
  2. cause or allow any damage to occur to the Easement Facility; or
  3. do anything or allow anything to be done which would interfere with, or affect, the rights of the Grantee under this easement instrument.

6. Notwithstanding clause 5(a), the Grantor may lay concrete over the Stipulated Course, subject to obtaining the prior written consent of the Grantee, which consent will be granted if the concrete is laid at grade.

7. The Grantee is responsible for maintaining the Easement Facility in the Stipulated Course so that it does not become a nuisance or a danger.

8. Any damage to the surface of the Stipulated Area that is caused by either party or any person under the control or direction of that party must be made good promptly by that party at that party's cost.

9. At such time as the Grantor considers that this easement is no longer required, the Grantor may request a surrender or partial surrender of this easement. The Grantee may provide the Grantor with a surrender if the Grantee is satisfied, acting reasonably, that this easement is no longer required. The easement may only be surrendered once the Grantor's land to the north (being the land shown as Sections 5, 6 and 7 on Survey Office Plan 547592) has been developed such that it has changed the stormwater channel existing at the date of registration of this easement so that the land no longer requires the conveyance of stormwater across the land shown as Section 1 on Survey Office Plan 547592. The Grantor is responsible for all costs associated with registering any surrender or partial surrender of this easement. Neither party will be entitled to any consideration or compensation in respect of such surrender, except to the extent that the Grantee will be responsible for the removal of the pipe and outlet should this be requested in writing by the Grantor at the time the Grantor requests a surrender.

Eighth Schedule

Easement Area 2

Part Lot 100 Deposited Plan 515084 contained in Record of Title 908475, being those parts of the land shown marked Areas H, K, BB, BD, C and EA on Survey Office Plan 547592.

Ninth Schedule

Terms and Conditions of Easement 2

1. In this easement instrument, unless the context dictates otherwise:

Burdened Land means:

  1. 16.7975 hectares more or less being Section 8 on Survey Office Plan 547592;
  2. 0.0583 hectares more or less being Section 3 on Survey Office Plan 547592; and
  3. 0.1483 hectares more or less being Section 4 on Survey Office Plan 547592,

being part of Lot 100 Deposited Plan 515084 (Record of Title to be issued);

Easement Facility means any pipes and other equipment suitable for draining Stormwater (whether above or under the ground), and anything in replacement or substitution;

Grantee means Auckland Council and includes its successors and assigns any agents, employees, contractors, tenants, licensees and invitees of the Grantee;

Grantor means the registered owner of the Burdened Land and includes the agents, employees, contractors, tenants, licensees and invitees of the Grantor;

Stipulated Course means Easement Area 2; and

Stormwater includes rain, storm, spring, soakage or seepage water accumulated on other land and from any public street.

2. The Grantee has the right, as an easement in gross, to drain Stormwater without obstruction and in any quantity through the Easement Facility now laid or to be laid through the Stipulated Course.

3. The Grantee may enter the Stipulated Course with or without vehicles and machinery to do the following work:

  1. to dig, lay and/or erect the Easement Facility through or on the Stipulated Course, at a depth and line determined by the Grantee;
  2. to inspect, maintain, repair, dig up, alter, enlarge, renew or replace the Easement Facility (including replacement with an Easement Facility of the same or larger diameter); and
  3. to do anything else in the full exercise of the rights in this easement instrument, with the Grantee's agents, contractors and employees.

4. The Grantee must reinstate the surface of the Burdened Land as soon as possible after the work has been completed, and resurface it if necessary, with appropriate materials so as to restore it as nearly as possible to its former condition.

5. The Grantor may not:

  1. place any buildings or other improvements, or plant or allow any tree or shrub to grow, on the Stipulated Course;
  2. cause or allow any damage to occur to the Easement Facility; or
  3. do anything or allow anything to be done which would interfere with, or affect, the rights of the Grantee under this easement instrument.

6. Notwithstanding clause 5(a), the Grantor may lay concrete over the Stipulated Course, subject to obtaining the prior written consent of the Grantee, which consent will be granted if the concrete is laid at grade.

7. The Grantee is responsible for maintaining the Easement Facility in the Stipulated Course so that it does not become a nuisance or a danger.

8. Any damage to the surface of the Stipulated Area that is caused by either party or any person under the control or direction of that party must be made good promptly by that party at that party's cost.

The land, lease lands and easement areas are located at 30 Highgate Parkway and 17 Waterloo Road (formerly known as 35 Waterloo Road), Highgate, Auckland.

Given under the hand of Her Excellency the Governor-General of New Zealand, and issued under the Seal of New Zealand this 23rd day of June 2021.

Hon DAVID PARKER, for the Minister for Land Information.

God Save The Queen!

(LINZ CPC/2005/10974)