The Rt Hon Dame CINDY KIRO, Governor-General
A Proclamation

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

1. the land described in the First Schedule to be taken for the functioning indirectly of a road; and
2. the leasehold estate described in the Second Schedule (for the purpose and on the terms and conditions set out in the Third Schedule) to be taken for the functioning indirectly of a road

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

South Auckland Land District—Matamata-Piako District

First Schedule

Land Taken for the Functioning Indirectly of a Road

Second Schedule

Leasehold Estate Taken for the Functioning Indirectly of a Road

Third Schedule

Terms and Conditions for the Lease

Purpose for Which the Leasehold Estate 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:

1. For the purpose of the lease, any reference to the Crown includes its employees, engineers, assistants, consultants, contractors and authorised invitees.
2. 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”).
3. 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.
4. 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.
5. Notwithstanding the term created, the Crown may terminate the lease at any time by giving the owner one month’s notice in writing.
6. 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.
7. 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.
8. 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.
9. 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.
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.

The land is located at 5969 State Highway 29, Karapiro, Cambridge.

Given under the hand of Her Excellency the Governor-General of New Zealand and issued under the Seal of New Zealand this 18th day of May 2023.

Hon DAMIEN O’CONNOR, Minister for Land Information.

God Save The King!

(LINZ CPC/2021/21993)