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 to this notice (“Land”) and a leasehold estate (“Lease”) in the land described in the Second Schedule to 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 Tauriko West Enabling Works Project (“Project”). More particularly, the Land and the Lease are required for the functioning indirectly of a road. The Land may be declared road following construction of the Project and part of the Land may be used for shared use path.

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

• reduce traffic congestion in a current high crash area;
• provide safe and efficient transport infrastructure for all transport modes;
• maintain freight efficiency;
• enable access to the Tauriko West Urban Growth area and the development of the first 4500 houses within the development area.

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 a 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, Specialist Courts and Tribunals Centre, Level 2, 41 Federal Street, Auckland 1010. Postal address: CX10086 Auckland, or 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 Simon Boroughs, The Property Group Limited, Suite 7, 143 Durham Street, Tauranga 3110. Postal Address: PO Box 13591, Tauranga Central 3141. Email: sboroughs@propertygroup.co.nz. Phone: 027 378 9228.

The Land and the Lease Land are located at 800 State Highway 29, Tauriko, Tauranga.

Dated at Wellington this 3rd day of October 2023.

Hon DAMIEN O’CONNOR, Minister for Land Information.

(LINZ CPC/2022/22389)

South Auckland Land District—Tauranga 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 the Crown to occupy the Lease Land during the construction of the Project. The Lease Land will be used as access to construction sites, a laydown area, storage, loading and unloading of plant, equipment and construction materials, construction vehicle/machinery parking and maintenance, storm water and groundwater treatment, waste/spoil collection, 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 three years 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 one further period of one year 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 registered owner’s property, and the registered owner of Record of Title 39556 (“Benefitting Owner”), over the driveway located on the Lease Land during the works.

8. Prior to undertaking works within the Lease Land the Crown will provide the registered owner and the Benefitting Owner with not less than 5 working days’ notice in writing and will so far as reasonably practicable take steps to minimise disruption to use of the driveway including:

1. To the extent possible, undertaking works that will not require closure of the driveway outside of normal business hours; and
2. Coordinating works within the Lease Land to accommodate any reasonable requests of access for the registered owner or the Benefitting Owner.

9. The Crown will have the right to remove any property or improvements located on the Lease Land, including the shed located partly within the Lease Land and partly within the Required Land (“Shed”).

10. 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.

11. 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.

12. 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. For the avoidance of doubt, the Crown will not be required to reinstate the Shed following completion of the Works.

13. 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.