Notice is hereby given that the Minister for Land Information proposes to take under the Public Works Act 1981 the land described in the Schedule to this notice (“land”).
The land is required for the State Highway 1/State Highway 29 Intersection Upgrade (“Project”). The land described in the Schedules is required for the functioning indirectly of a road. It is intended to use the Land for the construction of the intersection carriageway, along with the supporting embankments and structures for the operation of the road. The Lease Land is required for the functioning indirectly of a road. The Lease is to allow for temporary occupation during construction of the Project
The Project is designed to improve safety by replacing the existing State Highway 1/State Highway 29 T-intersection with a roundabout resulting in a reduction in approaching traffic speed, reducing the risk of serious or fatal injuries in the event of an accident.
The owners of the 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 advised of their right to object.
Any other person having the right to object may send a written objection to the Registrar, Environment Court, Specialist Courts and Tribunals Centre, Level 2, 41 Federal Street, Auckland 1010, 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 Greg Munro, WSP New Zealand Limited, Level 2, 160 Ward Street, Hamilton. Telephone: (07) 858 7962.
South Auckland Land District
Land Required for the Functioning Indirectly of a Road
|7.2658||Part of Lot 13 Deposited Plan South Auckland 87749 (Part Record of Title SA69C/317); shown as Section 1 on Survey Office Plan 566948|
|0.0236||Part of Lot 13 Deposited Plan South Auckland 87749 (Part Record of Title SA69C/317); shown as Section 4 on Survey Office Plan 566948|
Lease Land Required for the Functioning Indirectly of a Road
|3.6629||Part of Lot 13 Deposited Plan South Auckland 87749 (Part Record of Title SA69C/317); shown as Section 2 on Survey Office Plan 566948|
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 construction activities, access to construction activities and reinstatement works and will provide for safety and security of construction workers, machinery and equipment, and public safety.
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 shall commence on the 14th day after publication of a Proclamation taking the land and the lease in the New Zealand Gazette and shall have a term of 24 months (“Term”).
- The registered proprietor shall be entitled to receive a current market rent and any entitlements pursuant to section 72 of the Public Works Act 1981 for the Term.
- The Crown may, on the giving of written notice to the owner, extend the Term for two further periods of twelve 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 and any entitlements pursuant to section 72 of the Public Works Act 1981 to apply from the first day of the extended term.
- Notwithstanding the term created, the Crown may terminate the lease at any time by giving the owner one month’s notice in writing.
- The Crown shall have the right to occupy the lease land for the term of the lease 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 this notice.
- Prior to commencement of the project the Crown shall erect a temporary fence between the lease land and the balance of the owner’s land for the period of construction of the project to provide an adequate safety barrier to the balance of the owner’s land.
- 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 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 and other improvements required to be erected on the lease land 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 and 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.
The land is located at 1831A to 1833B Tirau Road, Tirau.
Dated at Nelson this 15th day of March 2022.
Hon DAMIEN O’CONNOR, Minister for Land Information.