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 of this notice (“Land”) and a leasehold estate (“Lease”) in the land described in the Second Schedule of this notice (“Lease Land”) on the terms and conditions set out in the Third Schedule of this notice.

The Land and the Lease are required for construction of the State Highway 58 Safety Improvements Project (“Project”). It is intended to use the Land for construction of a new roundabout at Moonshine Road, associated realignment of Moonshine Road and drainage improvement works. More particularly, the Land is required for the functioning indirectly of a road. Part of the Land is required for State highway and part of the Land is required for local road. The Land will be taken for the functioning indirectly of a road and the land required for local road will be transferred to Porirua City Council following construction. It is intended to use the Lease for temporary occupation during construction of the Project.

The reasons why the Minister for Land Information considers it essential to take the Land and the Lease are to cater for increasing traffic volumes and to improve the safety and efficiency of State Highway 58 between State Highway 2 and the Transmission Gully interchange at Pāuatahanui.

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, District Court Building, Level 5, 49 Ballance Street, Wellington 6011. Postal address: SX10044, Wellington or PO Box 5027, Wellington 6145 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 Dave Hoffmann, The Property Group Limited, Level 11, Cornerstone House, 36 Customhouse Quay, Wellington 6011. Postal Address: PO Box 2874, Wellington 6140. Email: dhoffmann@propertygroup.co.nz. Phone: 027 272 0016.

That part of the Land firstly described in the First Schedule is on the eastern side of Moonshine Road and adjoins the properties at 1249A and 1249B Moonshine Road, Judgeford. The Lease Land and that part of the Land secondly described in the First Schedule are on the western side of Moonshine Road and adjoin the property at 1248 Moonshine Road, Judgeford.

Wellington Land District—Porirua City

First Schedule

Land

Second Schedule

Lease Land

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 access to allow the Crown to make improvements to the existing road, drainage improvement works and for such other purpose or purposes reasonably required for construction of the Project.

Terms of the Lease:

1. Any reference to the Crown in this Lease 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 terminate on that date two years thereafter (“Term”).
3. 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.
4. The Crown may, on the giving of written notice to the registered owner, extend the Term for two further periods 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.
5. Notwithstanding the Term created, the Crown may terminate the Lease at any time by giving the registered owner one month’s notice in writing.
6. 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.
7. 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.
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 execution of 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, 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.
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.

Dated at Mahana this 4th day of September 2023.

Hon DAMIEN O’CONNOR, Minister for Land Information.

(LINZ CPC/2018/20178)