Notice is hereby given that Wellington Regional Council (“Council”) proposes to take, under the Public Works Act 1981:

1. The Land described in the First Schedule to this notice (“Land”).
2. The leasehold estate (“Lease”) over that part of the land described in the Second Schedule to this notice (“Lease Land”) on the terms set out in the Fourth Schedule to this notice.
3. A stopbank easement in gross (“Easement”) over that part of the land described in the Third Schedule to this notice (“Easement Land”) and containing the rights and powers set out in the Fifth Schedule to this notice.

The Land, the Lease and the Easement are required for construction, operation and maintenance of the RiverLink Project (“Project”). More particularly the Land, the Lease and the Easement are required for soil conservation and river control purposes. The Land is required for realignment of an existing stop bank as part of the Project. The Lease is required to allow for temporary occupation during construction of the Project. The Easement is required to provide Council with permanent access to the realigned stop bank and to place restrictions on activities within the Easement Land to protect Council’s rights under the Easement.

The Project is required to realign and upgrade the existing stop bank on the eastern (true left) bank of the Te Awa Kairangi / Hutt River to provide improved flood protection and resilience to large flood events and to enable ongoing maintenance of the realigned stopbank.

The owner of the Land, the Lease Land and the Easement Land and those persons with a registered interest in it have been served with notice of Council’s intention to take the Land, the Lease and the Easement 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, District Court Building, Level 5, 49 Ballance Street, Wellington 6011, PO Box 5027, Wellington 6145, 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 Ian Hutchison, The Property Group Limited, Level 11, Cornerstone House, 36 Customhouse Quay, Wellington 6011. Postal Address: PO Box 2874, Wellington 6140. Telephone: (04) 470 6105.

The Land, the Lease Land and the Easement Land are located at 16-26 Rutherford Street, Lower Hutt.

Dated at Wellington this 25th day of July 2022.

NIGEL CORRY, Chief Executive, Wellington Regional Council.

Wellington Land District—Hutt City

First Schedule

Land

Second Schedule

Lease Land

Third Schedule

Easement Land

Part of Lot 2 DP 79169 (part Record of Title WN45D/227); shown marked B on Survey Office Plan 578284.

Fourth Schedule

Terms and Conditions for the Lease

Purpose For Which the Lease is Required:

The Lease is required to allow the Council to occupy the Lease Land during construction of the project. The Lease Land will be used as a laydown area, for access for construction of the stopbank within the Land and for such other purpose or purposes reasonably required for construction of the project. In addition, the Lease is required to allow the Council to:

1. Remove that part of the existing building, shown on the Occupation Diagram on Survey Office Plan 578284, that is within the Lease Land (demolition works);
2. Provide, if required, temporary weatherproofing to the existing intertenancy wall within the existing building that is on the boundary of the Lease Land and the balance of the land in Record of Title WN45D/227;
3. Construct a new external wall on the northern side of the existing intertenancy wall; and
4. Complete such works reasonably required to make the balance of the building weathertight and structurally sound so that it is reasonably comparable to its existing condition.

Terms of the Lease

1. Any reference to the Council in this Lease includes its employees, engineers, assistants, consultants, contractors and authorised invitees.

2. 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 two years thereafter (“Term”).

3. 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.

4. The Council may, on the giving of written notice to the registered owner, extend the Term for a further period of one year should construction of the stopbank within the Land 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.

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

6. The Council 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.

7. The Council will have the right to carry out the demolition works including the right to, if required as a consequence of the demolition works, remove, or disconnect and cap any affected services and to reinstate the same to the balance of the building.

8. Subject to clause 9, the Council will further have the right to access, with or without such equipment and materials, the balance of the land in Record of Title WN45D/227 and the interior of the balance of the building in Section 1 SO 578824, or the roof of the same, where reasonably required to complete the following works:

1. The demolition works;
2. Construction of the new external wall and works to make the balance of the building weathertight and structurally sound (including the placement of scaffolding, bracing or roof wrap in the vicinity of the Lease Land where required); and
3. Reinstatement of any affected utilities and services relating to the balance of the building.

9. Prior to taking access under clause 8 for the first time the Council will provide the registered proprietor and the occupant of the balance of the building with not less than 7 days’ notice in writing and will take all reasonable steps to minimise disruption to the occupant’s enjoyment of the balance of the building including:

1. To the extent possible, taking access outside of normal business hours; and
2. Ensuring that the security of the balance of the building is adequately maintained; and
3. Delaying entry or coordinating its works to accommodate any reasonable request of the registered proprietor or the occupant of the balance of the building.

10. The Council will complete all works it is permitted to do under the Lease to a quality standard.

The Council will take all reasonable steps to minimise damage to the Lease Land and the balance of the land in Record of Title WN45D/227 arising from the works described at clause 8 and the removal or disconnection of services or from the Council’s occupation under the Lease and/or the execution of construction of the project.

11. Prior to commencement of the project the Council will erect a temporary fence for the period of construction of the project to provide adequate security to the balance of the property.

12. The Council will at the expiration of the term, or any extended period taken in accordance with the Lease, fence the boundary between the Land and the Lease Land and remove all debris arising from the Council’s occupation under the Lease together with any temporary fences required to be erected by the Council on the Lease Land during the Lease. The Council will otherwise restore the Lease Land to a condition generally in keeping with its character prior to entry, taking into account works the Council was authorised to undertake under the Lease. The Council will complete such work in a good and professional manner.

13. 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.

Fifth Schedule

Easement Terms

1. Definitions

Easement means the easement described in this notice.

Easement Land means the land described in the Third Schedule to this notice.

Grantee means Wellington Regional Council and its successors together with its officers, employees, agents, contractors and licensees.

Grantor means the registered owner of the land described in the Third Schedule to this notice.

Land means the land comprised for the time being in Record of Title WN45D/227.

Working Day means any day of the week excluding Saturday, Sunday, national statutory holidays, and the anniversary day commonly observed in Wellington.

2. The Easement will commence on the date of expiry or earlier termination of the Lease described in the Fourth Schedule to this notice.

3. The Grantee will have the following rights and powers:

1. To at any time enter onto the Easement Land and such other parts of the Land as is reasonably necessary (with or without implements, tools, machinery, light commercial vehicles, plant, equipment and materials) for the purposes of exercising the Grantee’s rights under this Easement.
2. To remain for any reasonable time on the Easement Land for the purpose of constructing, reconstructing, inspecting, repairing, cleansing, maintaining, and renewing stopbanks, structures or flood channels.
3. To maintain, repair or replace at the Grantee’s expense any fences bounding the Easement Land.
4. To prevent or regulate the erection of any structures or fences on the Easement Land.
5. To prevent or regulate the excavation of soil on the Easement Land.
6. To do, perform and execute within the Easement Land any other matter or thing necessary or expedient for any of the above purposes.

4. In exercising the rights and powers under this Easement the Grantee will cause as little damage as possible to the surface of the Easement Land and/or the Land and will restore the same as nearly as practicable to its former state or condition.

5. The Grantee will repair and make good any damage caused to the Easement Land and/or the Land (including any buildings or structures on the Land) by the Grantee exercising any of the rights and powers under this Easement.

6. Prior to entering onto the Land for the purpose of exercising the rights and powers under this Easement, the Grantee will provide to the Grantor and any occupants for the time being of the Land (“Occupants”) reasonable notice of entry, except where such entry is required in an emergency or flood event. When providing such notice the Grantee will notify the Grantor and the Occupants if, during the Grantee’s entry, the Easement Land or any part of it is to be kept clear of vehicles or any other temporary fittings permitted under clause 9 of this Easement.

7. The Grantor will not, at any time, do or permit any act or thing which may in any way interrupt, restrict or obstruct the exercise by the Grantee of any of the rights and powers conferred in this Easement. In particular the Grantor must not, without the prior written approval of the Grantee:

1. Construct any buildings, erections or fences or install any permanent equipment, fitting or fixture on the Easement Land.
2. Excavate or alter the contour of the Easement Land or carry out any earthworks of any nature on the Easement Land.
3. Lay or cause or permit to be laid or constructed any services within the Easement Land.
4. Install, erect or place any overhead electric power, telegraph or other overhead cables or lines over the Easement Land.
5. Erect or permit any power pole to be erected within the Easement Land.
6. Plant or permit to be planted any trees or shrubs within the Easement Land.

8. Any approval granted by the Grantee for any of the matters set out at clause 7 may be granted subject to such conditions and restrictions as the Grantee sees fit.

9. Subject to clause 6, the Grantor and its invitees may park vehicles within the Easement Land and keep within the Easement Land temporary fittings such as containers and pallets.

10.

1. If any dispute arises between the Grantor and the Grantee concerning the rights and obligations contained within this Easement, the parties will enter into negotiations in good faith to resolve the dispute or utilise any informal dispute process they mutually agree upon.
2. If the dispute is not resolved, any party may at any time serve a mediation notice on the other party requiring the dispute be referred to mediation. The mediation notice will set out the nature of the dispute.
3. The parties will in good faith endeavour to agree upon a mediator within 5 Working Days of the date of service of the mediation notice. The mediator’s costs are to be borne equally by the parties.
4. If the dispute is not resolved within 20 Working Days of the date on which the mediation notice was served, the parties will submit to the arbitration of an independent arbitrator appointed jointly by the parties.
5. If the parties cannot agree on the arbitrator within a further 10 Working Days the President or his or her nominee for the time being of the New Zealand Law Society will appoint an independent arbitrator in the area.
6. The arbitration proceedings will be conducted in accordance with the Arbitration Act 1996 and the substantive law of New Zealand.