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 (“land”) to be taken for road; and
2. The leasehold estate (“lease”) in the land described in the Second Schedule (“lease land”) (on the terms set out in the Third Schedule) to be taken for use in connection with a road

and vested in Hutt City Council (“Council”) on the 14th day after the date of the publication of this Proclamation in the New Zealand Gazette.

Wellington Land District—Hutt City

First Schedule

0.0188 hectares being part of Lot 1 DP 42226 (Record of Title WN13D/852); shown as Section 10 on SO 576333.

Second Schedule

0.0402 hectares being part of Lot 1 DP 42226 (Record of Title WN13D/852); shown as Section 11 on SO 576333.

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.

The land is located at 67 Marsden Street, Lower Hutt.

Given under the hand of Her Excellency the Governor-General of New Zealand, and issued under the Seal of New Zealand this 22nd day of June 2023.

Hon DAMIEN O’CONNOR, Minister for Land Information.

God Save The King!

(LINZ CPC/2005/10894/A)