The Right 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 the functioning indirectly of a road

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

Canterbury Land District—Selwyn District

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 Selwyn District Council to occupy the Lease Land during the construction of the Project. The Lease Land will be used to facilitate the removal of the improvements on the Land and the Lease Land and for such other purpose or purposes reasonably required for construction of the Project.

Terms of the Lease:

1. Any reference to Selwyn District Council 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. Selwyn District Council may, on the giving of written notice to the registered owner, extend the Term for one further period 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, Selwyn District Council may terminate the Lease at any time by giving the registered owner one month’s notice in writing.
6. Selwyn District Council 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. Selwyn District Council may erect and maintain temporary fencing for the period of construction of the Project to provide adequate security to the balance of the property.
8. Selwyn District Council shall at the expiration of the Term, or any extended period taken in accordance with the Lease, remove all debris arising from Selwyn District Council’s occupation under the Lease together with any temporary fences, construction machinery, hardstands, and other improvements required to be erected by Selwyn District Council during the Lease. Selwyn District Council 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 Selwyn District Council was authorised to undertake under the Lease. Selwyn District Council shall complete such work in a good and workmanlike manner.
9. 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 735 Shands Road, Prebbleton.

Given under the hand of Her Excellency the Governor-General of New Zealand, and issued under the Seal of New Zealand this 25th day of September 2023.

Hon DAMIEN O’CONNOR, Minister for Land Information.

God Save The King!

(LINZ CPC/2006/11295)