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 access and maintenance easement in gross (“Easement”) over that part of the land described in the Third Schedule of this notice (“Easement Area”) and on the terms set out in the Fifth Schedule of this notice.

The Land, the Lease and the Easement are required for construction of the NZ Upgrade Programme: State Highway 1 Papakura to Drury Project (“Project”). More particularly, the Land, Lease and Easement are required for the functioning indirectly of a road. Part of the Land may be declared road following construction of the Project.

It is intended to use the Land for widening of the existing State highway and drainage improvement works. It is intended to use the Lease for temporary occupation during construction of the Project. It is intended to use the Easement for access and maintenance of improvements within the Land.

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, improve the safety and access along and across the State highway, enhancing local connectivity and resilience, and improving travel choices and environmental outcomes.

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, 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 Nicholas Pointon, The Property Group Limited, Level 17, 55 Shortland Street, Auckland Central 1010. Postal Address: PO Box 104, Shortland Street, Auckland 1140. Email: npointon@propertygroup.co.nz. Phone: 027 241 2208.

The Land, the Lease Land and the Easement Area are located at 5 Creek Street, Drury.

North Auckland Land District—Auckland

First Schedule

Land

Second Schedule

Lease Land

Third Schedule

Easement Area

Description

Part Lot 3 DP 111728 (shown as Section 5 on SO Plan 592163) (Record of Title NA62D/938); shown as Areas AY and AZ on SO Plan 592163.

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 construction sites 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 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 or extended term, if applicable.

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 for the Owner, Owner’s lessee and Auckland Council (as grantee of a right of way created by Transfer B698990.6), over such parts of the service lane located on the Lease Land reasonably required for access during the Project. However, the Crown may need at times to have exclusive possession of all or parts of the Lease Land for the Project. In those periods, the Crown will consult with the Owner, Owner’s lessee and Auckland Council on options for access. Where there is no reasonable or practicable alternative, the Crown will provide the Owner, Owner’s lessee and Auckland Council with 5 working days’ notice of any closure.

8. 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.

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 professional 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

Easement terms

1. In this Easement, unless the context requires otherwise:

Burdened Land means the land over which this Easement is registered, which for the time being is held in Record of Title NA62D/938.

Easement Area means that part of the Burdened Land that is subject to this Easement, as stated in the Third Schedule to this notice.

Grantee means the Crown and New Zealand Transport Agency Waka Kotahi and includes those persons’ agents, employees, contractors, tenants, licensees, and invitees.

Grantor means the registered owner of the Burdened Land and includes the Grantor’s agents, employees, contractors, tenants, licensees, and invitees.

2. The Easement will commence on the date of expiry or earlier termination of the Lease described in the Fourth Schedule to this notice.

3. The maintenance and access easement includes the right for the Grantee to:

1. enter onto the Easement Area and such other parts of the Burdened Land as is reasonably necessary (with or without implements, tools, machinery, light commercial vehicles, plant, equipment and materials) for the purposes of exercising the Grantee’s rights under this Easement.
2. remain for any reasonable time on the Easement Area for the purpose of constructing, inspecting, maintaining, repairing, upgrading and replacing the retaining wall(s) within the adjoining State Highway 1 and/or land vested in the Grantee which is adjacent to the Easement Area.
3. keep the Easement Area kept clear at all times of obstructions (whether caused by parked vehicles, deposit of materials, or unreasonable impediment) to the use and enjoyment of the Easement Area by the Grantee, during those times when the Grantee is using the Easement Area.
4. do, perform and execute within the Easement Area any other matter or thing necessary or expedient for any of the above purposes.

4. The Grantee will be responsible for all maintenance, repair, upgrades and replacement of the retaining wall within the adjoining State Highway 1 and/or land vested in the Grantee which is adjacent to the Easement Area, except for any damage directly caused by the Grantor, which the Grantor will be responsible for remedying.

5. The Grantee will use its reasonable endeavours to minimise any inconvenience or disturbance to the Grantor or the use and enjoyment of the balance of the Burdened Land caused by the Grantee’s exercise of its rights under this Easement, except for any inconvenience or disturbance that is the inevitable and natural consequence of the Grantee’s exercise of those rights.

6. The Grantee will repair and make good any damage caused to the Easement Area and/or the Burdened Land by the Grantee exercising any of the rights and powers under this Easement.

7. Prior to entering onto the Land for the purpose of exercising the rights and powers under this Easement, the Grantee will provide to the Grantor reasonable notice of entry, except where such entry is required in an emergency.

8. The Grantor will not, at any time, do any act or thing which may in any way interrupt, restrict or obstruct the exercise by the Grantee of any of the rights and powers conferred in this Easement. In particular the Grantor must not, without the prior written approval of the Grantee:

1. Construct any buildings, structures or improvements or install any permanent equipment, fitting or fixture on the Easement Area.
2. Excavate or alter the contour of the Easement Area or carry out any earthworks of any nature on the Easement Area.

9. The rights and powers implied in rights of way under the Property Law Act 2007 are specifically excluded from this Easement. Clauses 13 and 14 of the Land Transfer Regulations 2018 apply to this Easement.

Dated at Wellington this 11th day of April 2024.

Hon CHRIS PENK, Minister for Land Information.

(LINZ CPC/2021/22142)