Notice of Intention to Take Land for Road and the Functioning Indirectly of a Road—Brigham Creek to Waimauku, Safety Improvements Project Stage 1, Auckland
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 (“Lease Land”) on the terms set out in the Second Schedule.
The lease is required for construction of the Brigham Creek to Waimauku Safety Improvements Project Stage 1 (“Project”). More Particularly the Lease Land is 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 Lease are as follow:
The Project is designed to improve safety and efficiency for road users on the stretch of State Highway 16 between Brigham Creek and Waimauku. The Lease Land is required to be re-graded to tie in with the changes to the adjoining highway and re-sealed.
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 Denise Chan, WSP New Zealand Limited, 100 Beaumont Street. Auckland 1010. Email: denise.chan@wsp.com. Telephone: (09) 304 8008.
The Land is located at 609 State Highway 16, Kumeu.
Dated at Mahana this 8th day of October 2023.
Hon DAMIEN O'CONNOR, Minister for Land Information.
| Area ha |
Description |
| 0.0113 | Part Lot 1 DP 351286 in Record of Title 210151, shown as Area 26 on SO Plan 552198 |
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 and will provide for safety and security of construction workers, machinery and equipment, and public safety.
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 one year thereafter (“Term”).
3. The registered owner shall be entitled to receive a current market rent assessed by a registered valuer.
4. The Crown may, on the giving of written notice to the registered owner, extend the Term for two further periods of six months should the Project not be completed by the expiry of the original Term.
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 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 leased land 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.
8. The Crown will have the right to remove any property or improvements located on the Lease Land.
9. 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.
10. 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.
11. 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 professional manner.
12. 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.