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 the leasehold estate (“Lease”) over the land described in the First Schedule (“Lease Land”) to be taken for the functioning indirectly of a road, on the terms and conditions set out in the Second Schedule and vested in the Crown on the 14th day after the date of the publication of this Proclamation in the New Zealand Gazette.

North Auckland Land District

First Schedule

Lease Land Taken for the Functioning Indirectly of a Road

Second 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 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.

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 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.

The Land is located at 609 State Highway 16, Kumeu, Auckland.

Given under the hand of Her Excellency the Governor-General of New Zealand, and issued under the Seal of New Zealand this 4th day of March 2024.

Hon CHRIS PENK, Minister for Land Information.

god save the king!

(LINZ CPC/2018/20521)