Notice is hereby given that the Minister for Land Information proposes to take, under the Public Works Act 1981:

1. the land described in the First Schedule of this notice (“Land”);
2. 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 Fourth Schedule of this notice; and
3. an easement in gross for a right to drain water (“Easement”) over that part of the land described in the Third Schedule of this notice (“Easement Area”) and containing the rights and powers set out in Schedule 5 of the Land Transfer Regulations 2018 (“Regulations”) except as varied by the terms set out in the Fifth Schedule to this notice.

The Land, the Lease and the Easement are required for construction of the State Highway 58 Safety Improvements Project (“Project”). It is intended to use the Land for road widening purposes, construction of a new roundabout at Moonshine Road and drainage improvement works. It is intended to use the Lease for temporary occupation during construction of the Project and the Easement for stormwater drainage. More particularly, the Land, the Lease and the Easement are required for the functioning indirectly of a road. The Land may be declared road following construction of the Project.

The reasons why the Minister for Land Information considers it essential to take the Land, the Lease and the Easement 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, the Lease Land and the Easement Area 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, the Lease and the Easement 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 David 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.

The Land, the Lease Land and the Easement Area are located at 362 Paremata, Haywards Road, Judgeford.

Wellington Land District—Porirua City

First Schedule

Land

Second Schedule

Lease Land

Third Schedule

Easement Area

Part of Lot 1 DP 49395 (Record of Title WN19D/440); shown as Areas A and B on SO 553105.

Fourth 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 will take reasonable steps to provide access to the balance of the registered owner’s land during the period of construction. At the commencement of the Lease the Crown will provide the registered owner with a timetable for construction of the Project works as they affect access to the registered owner’s land (“Timetable”). The Crown will provide the registered owner with reasonable notice of any changes to the Timetable.
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 execution of 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, 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.
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.

Fifth Schedule

Variation of Easement terms

1. Clause 10(1) of the Regulations is deleted and substituted as follows:

10(1) The easement includes the right for the grantee at its sole discretion to:

(a) lay, install and construct in the easement area (including the right to excavate land for the purpose of that construction) an easement facility as reasonably required by the grantee for the better enjoyment of its rights under the easement; and

(b) repair and maintain the easement facility.

2. Clauses 10(2) and 10(4) of the Regulations are deleted.

3. Clause 11 of the Regulations is deleted and substituted as follows:

11(1) Subject to subclauses (2) and (3), the grantee will be solely responsible for maintenance and repair of the easement facility and any associated costs so as to keep the facility in good order and to prevent it from becoming a danger or nuisance.

11(2) Any repair or maintenance of the easement facility that is attributable solely to an act or omission by the grantor beyond reasonable use must be promptly carried out by the grantor at its sole cost.

11(3) However, if the repair and maintenance of the easement facility is only partly attributable to an act or omission by the grantor, —

(a) the grantor must pay the portion of the costs of the repair and maintenance that is attributable to that act or omission; and

(b) the balance of those costs is payable in accordance with subclause (1).

4. Clauses 12(3) and 12(7) of the Regulations are deleted and substituted as follows:

12(3) The grantee will use its reasonable endeavours to ensure, in the exercise of its rights under this easement, that any interference, damage or disturbance caused to the burdened land or the grantor is reasonably minimised.

12(7) If any damage is done by the grantee in the exercise of its powers under this easement, compensation payable (if any) will be determined in accordance with the Public Works Act 1981.

5. A new clause 15 is inserted as follows:

15 The easement will commence on the 14th day after publication of a proclamation taking the easement in the New Zealand Gazette.

6. A new clause 16 is inserted as follows:

16 In the event a conflict exists between the provisions of the Regulations and the modifications in this notice, the modifications will prevail.

Dated at Mahana this 4th day of September 2023.

Hon DAMIEN O’CONNOR, Minister for Land Information.

(LINZ CPC/2018/20176)