Rt Hon Dame Helen Winkelmann, the Administrator of the Government

A Proclamation

Pursuant to section 26 of the Public Works Act 1981, I, the Right Honourable Dame Helen Winkelmann, the Administrator of the Government, hereby declare:

1. the land described in the First Schedule (“Land”) to be taken for the functioning indirectly of a road;
2. the leasehold estate (“Lease”) over the land described in the Second Schedule (“Lease Land”) to be taken for the functioning indirectly of a road on the terms and conditions set out in the Fourth Schedule; and
3. an easement in gross for a right to drain water (“Easement”) to be taken over that part of the land described in the Third Schedule (“Easement Area”) and containing the rights and powers set out in Schedule 5 of the Land Transfer Regulations 2018 (“Regulations”) except as varied by the terms set out in the Fifth Schedule.

The Land, the Lease and the Easement shall vest 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—Auckland

First Schedule

Land

Second Schedule

Lease Land

Third Schedule

Easement Area

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 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 shall erect and maintain temporary fencing for the period of construction of the Project to provide adequate security to the balance of the property.
8. 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.
9. 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.
10. 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

Variation of Easement Terms

easement facility in relation to the right to drain water means pipes, manholes, culvert outlet structures, headwall, filtered fabrics, rock rip rap, engineered fill, riparian planting, open channels, gravel access tracks, other materials or equipment suitable for that purpose (whether above or under the ground), and anything in replacement or substitution.

1. Clause 10 of the Regulations is substituted as follows:

(1) The easement includes the right for the grantee at is sole discretion:

1. to use, upgrade, replace, maintain and repair the easement facility; and
2. to construct in the easement area an easement facility that the grantee reasonably requires for the better enjoyment of its rights under this easement.

(2) The grantor must not do and must not allow to be done on the burdened land anything that may interfere with or restrict the rights of any other party or interfere with the efficient operation of the easement facility.

2. Clause 11 of the Regulations is substituted as follows:

(1) Subject to subclauses (2) and (3), the grantee will be solely responsible for the repair and maintenance of the easement facility within the easement area, and for the associated costs, so as to keep the facility in good order and to prevent it from becoming a danger or nuisance.

(2) Any repair or maintenance of the easement facility that is attributable solely to an act or omission by the grantor must be promptly carried out by the grantor at its sole cost.

(3) However, if the repair and maintenance of the easement facility is only partly attributable to an act or omission by the grantor—

1. the grantor must pay the portion of the costs of the repair and maintenance that is attributable to that act or omission; and
2. the balance of those costs is payable by the grantee.

3. Clauses 12(2), 12(3) and 12(7) of the Regulations are deleted and substituted as follows:

12(2) Except in the case of emergency, the grantee will give reasonable notice to the grantor of its intention to enter the burdened land pursuant to subclause (1).

12(3) The grantee will use its reasonable endeavours to ensure, in the exercise of its rights under this easement, that any interference, damage or disturbance caused to the burdened land or the grantor is reasonably minimised.

12(7) If any damage is done by the grantee in the exercise of its powers under this easement, compensation payable (if any) will be determined in accordance with the Public Works Act 1981.

4. A new clause 15 is inserted as follows:

The easement will commence on the 14th day after publication of a proclamation taking the easement in the New Zealand Gazette.

5. A new clause 16 is inserted as follows:

In the event a conflict exists between the provisions of the Regulations and the modifications in this notice, the modifications will prevail.

The Land, the Lease Land and the Easement Area are located at 33 Bremner Road, Drury.

Given under the hand of Her Excellency the Administrator of the Government, and issued under the Seal of New Zealand this 25th day of July 2024.

Hon CHRIS PENK, Minister for Land Information.

god save the king!

(LINZ CPC/2022/22598)