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”) 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 construction of the NZ Upgrade Programme: Queenstown Package (“Project”) and are required for the functioning indirectly of a road. More particularly, part of the Land will be declared road and State highway, and part will be declared road and vested in Queenstown-Lakes District Council following construction of the Project.
The reasons why the Minister for Land Information considers it reasonably necessary to take the Land and the Lease are to provide for safety and efficiency upgrades to the SH6 Frankton-Ladies Mile Highway via the addition of a shared path facility and relocation of the SH6 Hansen Road intersection, together with the contemporaneous closure of the current intersection.
The owner of the Land and the Lease Land 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 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, Justice and Emergency Services Precinct, 20 Lichfield Street, Christchurch. Postal address: WX11113, Christchurch or PO Box 2069, Christchurch 8013 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 Iain Govan, The Property Group Limited, Level 7, 10 George Street, Dunedin 9016. Postal Address: PO Box 923, Dunedin 9054. Telephone: 027 510 7604.
The Land and the Lease Land are located at 1 Hansen Road, Frankton, Queenstown.
Dated at Mahana this 11th day of December 2022.
Hon DAMIEN O’CONNOR, Minister for Land Information.
Otago Land District—Queenstown-Lakes District
|0.0571||Part Lot 1 DP 26426 (part Record of Title OT18B/922); shown as Section 3 on Survey Office Plan 573486.|
|0.0439||Part Section 5 Block XXI Shotover Survey District (part Record of Title OT18B/922); shown as Section 4 on Survey Office Plan 573486.|
|0.0272||Part Section 5 Block XXI Shotover Survey District (part Record of Title OT18B/922); shown as Area 4A on Survey Office Plan 573486.|
Terms and Conditions for the Lease
Purpose for which the Lease is Required:
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 the construction site and for such other purpose or purposes reasonably required to construct a shared path and bus lane, and to re-route Hansen Road through to the unformed road adjoining Part Section 5 Block XXI Shotover Survey District.
Terms of the Lease:
- Any reference to the Crown in this lease 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 land and the lease in the New Zealand Gazette, and terminate on that date two years thereafter (“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.
- The Crown 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, the Crown may terminate the lease at any time by giving the registered owner one month’s notice in writing.
- The Crown shall have the right to occupy the Lease Land for the purpose stated above for the Term 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 for the purpose set out in the notice.
- The Crown shall erect and maintain temporary fencing for the period of construction of the Project to provide adequate security to the balance of the property.
- The Crown shall take all reasonable steps to minimise damage to the Lease Land arising from the Crown’s occupation under the lease and/or the execution of construction of the Project.
- The Crown shall 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, construction machinery, hardstands, and other improvements required to be erected by the Crown during the Lease. The Crown shall 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 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.