Lease Acquired—Bulls Town Centre
Pursuant to section 20 of the Public Works Act 1981, and to a delegation from the Minister for Land Information, Olivia Mazey, Land Information New Zealand, declares that, an agreement to that effect having been entered into, the leasehold estate (“Lease”) in the land described in the First Schedule to this notice (“Lease Land”) (on the terms set out in the Second Schedule to this notice) is hereby acquired for the use as a Town Square and shall vest in the Rangitikei District Council on the date of publication of this notice in the New Zealand Gazette.
| Area m2 |
Description |
| 470 | Part Lot 2 DP 532986 (part Record of Title 874387); shown as Area 3 on SO 573184 |
| Premises: | All the land commonly known as the Town Square containing 470 square metres more or less being Area 3 Survey Office Plan 573184 together with all buildings, structures, fittings, fixtures and improvements thereon. |
| Term: | 99 years |
| Commencement date: | 1 April 2019 |
| Final expiry date: | 31 March 2118 |
| Annual rent: | $1.00 plus G.S.T. |
| Rent payment dates: | The 1st day of April in each year if demanded in writing prior to the rent payment date. |
| Use: | The premises shall be used by the Lessee as a Town Square. The term “Town Square” means a more or less open space where members of the Bulls community and wider public can meet, gather or relax or take part in or observe activities including (but without limitation) community gatherings, open market, exhibitions, performances, public spectacles and amusements. |
| Outgoings: |
All outgoing except rates (which are payable in accordance with clause 3) shall be paid by the Lessee, including without limitation:
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1.0 The Lessee shall pay the annual rent if demanded in writing before the rent payment date.
2.0 The Lessee shall pay all the outgoings.
3.0 For as long as the balance of Lot 2 DP 532986 remains undeveloped by the Lessor and the Premises is open for free access by members of the Bulls community and the wider public, the Lessee shall pay all rates owing on the whole of Lot 2 DP 532986, including the Premises. Upon the completion of the development of the balance of Lot 2 DP 532986, the Lessor and the Lessee agree that the parties shall pay the rates owing on the whole of Lot 2 DP 532986 in equal shares, provided however that where a separate rating unit is created for the Premises, the Lessee shall pay the rates owing on the rating unit created for the Premises, and the Lessor shall pay the rates owing on the rating unit created for the balance of Lot 2 DP 532986.
4.1 If the Lessee defaults in payment of the moneys payable under this lease for 10 working days then the Lessee shall pay on demand interest at the default rate on the moneys unpaid from the due date for payment to the date of payment.
4.2 The default interest rate is equivalent to the interest rate charged by the Inland Revenue Department on unpaid tax under the Tax Administration Act 1994 during the period for which the default interest is payable.
5.1 The Lessee shall at all times keep and maintain the premises and all parts thereof in good and clean order, and shall where necessary from time to time repair and replace the premises and parts thereof, and will at the end or earlier determination of the term quietly yield up the premises in good, clean, order, repair and condition. The foregoing obligations apply notwithstanding section 223 of the Property Law Act 2007.
5.2 The foregoing obligations shall be suspended during the carrying on of works required for the development of the premises.
6.0 The Lessee shall regularly cause all of the Lessee’s rubbish and recycling to be removed from the premises.
7.0 For the avoidance of doubt, the Lessor shall have no obligations to maintain or repair the premises.
8.0 If default shall be made by the Lessee in the due and punctual compliance with any repair notice given by the Lessor, or if any repairs for which the Lessee is responsible require to be undertaken as a matter of urgency then without prejudice to the Lessor’s other rights and remedies expressed or implied the Lessor may by the Lessor’s employees and contractors with all necessary equipment and material at all reasonable times and on reasonable notice (except in the case of emergencies) enter the premises to execute the works. Any moneys expended by the Lessor in executing the works shall be payable by the Lessee to the Lessor upon demand together with interest on the moneys expended at the default interest rate from the date of expenditure to the date of payment.
9.0 The Lessee shall not without the prior written consent of the Lessor use or permit the whole or any part of the premises to be used for any use other than the use specified above. The Lessor’s consent shall not be unreasonably or arbitrarily withheld or delayed in respect of any proposed use which is in the sole opinion of the Lessor:
10.0 The Lessee shall not affix paint or exhibit or permit to be affixed painted or exhibited any name, sign name-plate, signboard, or advertisement of any description on or to the exterior of any building on the premises without the prior approval in writing of the Lessor, but approval shall not be unreasonably or arbitrarily withheld.
11.1 The Lessee shall neither make, nor allow to be made, any alterations or additions to any part of the premises without first producing to the Lessor on every occasion plans and specifications and obtaining the written consent of the Landlord (not to be unreasonably or arbitrarily withheld) for the purpose.
11.2 The Lessee, when undertaking any “building work” to the premises (as that term is defined in the Building Act 2004), shall comply with all statutory requirements including the obtaining of all building consents and code compliance certificates pursuant to that Act and shall provide copies of the building consents and code compliance certificates to the Lessor upon request.
12.1 The Lessee shall comply with the provisions of all statutes, ordinances, regulations and by-laws relating to the use of the premises by the Lessee or other occupant and will also comply with the provisions of all licence, requisitions and notices issued by any competent authority in respect of the premises or their use by the Lessee or other occupant.
12.2 If the Lessee is obliged by any legislation or requirement of any competent authority to expend moneys during the term of this lease on the premises then the Lessor may determine this lease unless the Lessee agrees to reimburse the amount of such expenditure to the Lessor.
13.0 The Lessee shall not:
14.0 The Lessor may (in addition to the Lessor’s right to apply to the Court for an order for possession) and subject to section 245(2) of the Property Law Act 2007 cancel this lease by re-entering the premises at the time or at any time after that in the case of breach by the Lessee of any covenant or agreement on the Lessee’s part expressed or implied in this lease after the Lessee has failed to remedy that breach within the period specified in a notice served on the Lessee in accordance with section 246 of the Property Law Act 2007.
15.0 The Lessee agrees to occupy and use the premises at the Lessee’s risk and releases to the maximum extent permitted by law the Lessor, its employees, contractors, and agents from all claims and demands of any kind and from all liability which may arise in respect of any accident, damage or injury occurring to any person or property in or about the premises or the property.
16.0 To the maximum extent permitted at law, the Lessee must keep the Lessor indemnified against all claims, actions, losses and expenses of any nature which the Lessor may suffer or incur or for which the Lessor may become liable in respect of:
17.0 The Lessee at the Lessee’s expense, must effect and keep current in respect of the premises, and the Lessee’s use of the premises, a policy of public risk insurance for an amount not less than such amount from time to time reasonably required by the Lessor, for any one event with a substantial reputable insurance office or company first approved in writing by the Lessor (such approval not to be unreasonably or arbitrarily withheld).
18.0 The Lessee paying the rent and performing and observing all the covenants and agreements expressed or implied in this lease shall quietly hold and enjoy the premises throughout the term without any interruption of the Lessor or any person claiming under the Lessor.
19.0 The Lessee shall not assign, sublet or otherwise part with the possession of the premises or any part of them. This covenant is absolute.
20.0 No warranty or representation expressed or implied has been or is made by the Lessor that the premises are now suitable or will remain suitable or adequate for use by the Lessee.
21.0 No waiver or failure to act by either party in respect of any breach by the other shall operate as a waiver of another breach.
22.0 The lease will be registered by the solicitor acting for the Lessor, at the cost of the Lessor.
23.1 All notices must be in writing and must be served by one of the following means:
23.2 In respect of the means of service specified in subclause 23.1(b)(ii), a notice is deemed to have been served:
23.3 A notice shall be valid if given by any director, general manager, lawyer or other authorised representative of the party giving the notice.
23.4 Any period of notice required to be given under this agreement shall be computed by excluding the date of service.
24.1 The parties shall first endeavour to resolve any dispute or difference by agreement and if they agree by mediation.
24.2 Unless any dispute or difference is resolved by mediation or other agreement within 30 days of the dispute or difference arising, the same shall be submitted to the arbitration of one arbitrator who shall conduct the arbitral proceedings in accordance with the Arbitration Act 1996 or any other statutory provision then relating to arbitration.
24.3 If the parties are unable to agree on the arbitrator, an arbitrator shall be appointed, upon request of any party, by the president or vice president of the New Zealand Law Society. That appointment shall be binding on all parties to the arbitration and shall be subject to no appeal. The provisions of Article 11 of the First Schedule of the Arbitration Act 1996 are to be read subject to this and varied accordingly.
24.4 The procedures prescribed in this clause shall not prevent the Lessor from exercising the rights and remedies in the event of default prescribed in clause 13.
25.0 The covenants, conditions and powers implied in leases pursuant to the Property Law Act 2007 and sections 224 and 266(1)(b) of that Act shall not apply to and are excluded from this lease where allowed.
26.0 In this lease:
Dated at Christchurch this 17th day of October 2024.
O. MAZEY, for the Minister for Land Information.
(LINZ CPC/2006/11294)