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 (“Land”) and the leasehold estate (“Lease”) over the land described in the Second Schedule (“Lease Land”) on the terms set out in the Third Schedule.

The Land and the Lease are required for construction of Stage 1 of the Brigham Creek to Waimauku Safety Improvements Project (Project). More particularly the Land and the Lease Land are required for the functioning indirectly of a road. The Lease is to allow for temporary occupation during construction of the Project.

The reasons that the Minister for Land Information considers it reasonably necessary to take the Land and the Lease are as follows:

The Project is designed to improve safety and efficiency for road users on the stretch of State Highway 16 between Brigham Creek and Waimauku. Land is required for the construction of safety improvements, including road widening and designated turnaround bays.

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, PO Box 7147, Victoria Street West, Auckland 1142 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 Matt Kirkbride, WSP New Zealand Limited, 100 Beaumont Street, Auckland. Email: matt.kirkbride@wsp.com. Phone: 027 543 5273.

The Land is located at 601 State Highway 16, Kumeu.

Dated at Mahana this 4th day of September 2023.

Hon DAMIEN O’CONNOR, Minister for Land Information.

First Schedule

Land Required for the Functioning Indirectly of a Road

Second Schedule

Lease Land Required for the Functioning Indirectly of a Road

Third Schedule

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 (including landscaping improvements shown on plan SP1003-01-VE-6004) 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 18 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 six 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 are 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. The Crown will endeavour to provide continuous vehicle access to the Owner’s property over the driveway located on the Lease Land during the works. However, the Crown may need at times to have exclusive possession of all or parts of the driveway for the works. In those periods, the Crown will consult with the Owner on options for access. Where there is no reasonable or practicable alternative the Crown will provide the Owner with 5 working days notice of any closure. If the Owner suffers a loss due to inability to access the remainder of the Property, the Owner may claim for compensation pursuant to the Public Works Act 1981, subject to the Owner having taken reasonable steps to mitigate that loss.
8. 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.
9. 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.
10. 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.
11. 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.