Notice is hereby given that Hutt City Council (“Council”) proposes to take, under the Public Works Act 1981, the land described in the First Schedule of this notice (“land”) and a leasehold estate (“lease”) over that part of your land described in the Second Schedule (“lease land”), on the terms set out in the Third Schedule to this notice.

The land and the lease are required for construction, operation and maintenance of the RiverLink Project (“project”). More particularly, the land is required for road and the Lease is required for use in connection with a road. The lease is required to allow for temporary occupation during construction of the project.

The reasons why Council considers it reasonably necessary to take the land and the lease is to realign Marsden Street. The road realignment is required as a consequence of works being undertaken as part of the project to realign and upgrade the existing stop bank on the western (true right) bank of the Te Awa Kairangi/Hutt River.

The owner 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, 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 Steve Donaldson, 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 is located at 67 Marsden Street, Lower Hutt.

Dated at Lower Hutt this 5th day of September 2022.

JO MILLER, Chief Executive, Hutt City Council.

Wellington Land District—Hutt City

First Schedule

Second Schedule

Third Schedule

Lease Terms and Conditions

Purpose for which the lease is required

The lease is required to allow the Council to demolish improvements within the lease land that are affected by Council’s land requirement for the Project.

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 the works within the lease 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 remove any improvements located on the lease land including the right to remove or disconnect and cap any affected services.
8. The Council will take all reasonable steps to minimise damage to the lease land arising from the removal of any such improvements from the Council’s occupation under the lease and/or the execution of construction of the project.
9. The Council will at the expiration of the term, or any extended period taken in accordance with the lease, 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 the surrounding land. The Council will complete such work in a good and professional manner.
10. 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.