Notice is hereby given that the Crown, under the provisions of section 23 of the Public Works Act 1981, proposes to take:
(a) the land described in the First Schedule to this notice; and
(b) a leasehold estate of the land described in the Second Schedule to this notice. The terms of the lease are set out in the Third Schedule to this notice.
The land is required for construction of the upgrade of State Highway No. 2-Dowse Drive to Petone.
The intended taking is considered reasonably necessary to improve traffic flow and sight distances and reduce traffic congestion.
All practicable alternatives were considered prior to designation of the land.
The proposed land use is in accordance with the designation under the district plan.
The owners of the land and those persons with a registered interest in it have been served with notice of the Crown's intention to take the land 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, Tribunals Division, Department for Courts, P.O. Box 5027, Wellington, 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 heard 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 Kris Connell of The Property Group Limited, P.O. Box 2874, Wellington, or telephone (04) 470 6110.
Wellington Land District-Hutt City
First Schedule
49 square metres, being part of subdivision 17B, Section 16, Hutt District, above RL 11.90 metres; part Computer Freehold Register WN602/125, Wellington Land Registry and shown as Section 1 on SO 342976.
This land is located at 409 Hutt Road, Wellington.
Second Schedule
1. 80 square metres, being part of subdivision 17B, Section 16, Hutt District below RL. 11.90 metres, part Computer Freehold Register WN602/125, Wellington Land Registry, and shown as Section 1 on SO 344562.
2. 31 square metres, being part of subdivision 17B, Section 16, Hutt District above RL 11.90 metres, part Computer Freehold Register WN602/125, Wellington Land Registry, and shown as Section 2 on SO 344562.
This land is located at 409 Hutt Road, Wellington.
Third Schedule
Purpose for Which Leasehold Estate Required
The leasehold estate is required to enable the Crown to occupy land to construct the Hutt Road/Dowse Drive Interchange Bridge associated with the Petone to Dowse Upgrade of State Highway No. 2.
Fourth Schedule
Conditions of Lease
1. The Crown must give the registered proprietors three months' notice in writing that it intends to enter the land.
2. The leasehold estate shall have a term of 15 months commencing on the date immediately following the expiry of the Crown's notice, and terminating on the date 15 months thereafter.
3. Notwithstanding the term created, the Crown may terminate the leasehold estate at any time by giving the registered proprietors one month's notice in writing.
4. The Crown shall have the right to enter and re-enter the land at all times, with or without such equipment as is reasonably necessary to complete construction of the Hutt Road/Dowse Drive Interchange Bridge.
5. The Crown shall repair any damage caused to any part of the surface of the registered proprietors' land resulting from the Crown's occupation of the land subject to the leasehold estate.
6. The Crown may remove and place on the registered proprietors' balance land any of the registered proprietors' chattels and fixtures required to be relocated as a consequence of the works.
7. The Crown shall provide temporary fencing on the boundary between the registered proprietors' land and 411-413 Hutt Road for the duration of lease to ensure adequate security is maintained to the registered proprietors' land.
8. The Crown shall construct permanent fencing in keeping with the standard of the registered proprietors' other existing fences on the boundary between the registered proprietors' land and 411-413 Hutt Road to ensure adequate security is maintained to the registered proprietors' land prior to expiry of the lease.
9. The Crown may temporarily exclude entry by any other persons (other than those authorised by it) to all or any parts of the land subject to the leasehold estate if it believes on reasonable grounds that it is necessary to do so to ensure safety during construction works.
Dated at Wellington this 1st day of December 2004.
MARGARET WILSON, Minister for Land Information.