LT GEN THE RT HON SIR JERRY MATEPARAE,
Governor-General
A Proclamation
Pursuant to the Public Works Act 1981, I, Lieutenant General The Right Honourable Sir Jerry Mateparae, Governor-General of New Zealand, hereby declare:
(a) The leasehold estate in the land described in the First Schedule to be taken for road and State highway; and
(b) The sub-leasehold estate in the land described in the Second Schedule (on the terms and conditions set out in
the Third Schedule) to be taken for the functioning indirectly of a road
and to 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 Registry-Whangarei District
First Schedule
Area
ha Description
0.0080
Part Kiri Kiri No. 6 Block (part Computer Freehold Register NA767/43); shown as Section 1 on SO 442121.
Second Schedule
Area
ha Description
0.0174
Part Kiri Kiri No. 6 Block (part Computer Freehold Register NA767/43); marked "A" on SO 442121.
Third Schedule
Terms and Conditions
Definitions
lessor means the registered proprietor of the land in Computer Freehold Register NA767/43.
lessee means the registered lessee of the land as recorded in Computer Interest Register 267990.
Purpose for Which Sub-leasehold Estate is Required
The sub-leasehold estate ("the sub-lease") is required to allow the Crown to occupy it during the construction of the State Highway 1/14 Intersection Upgrade ("the Project"). The land will be used for construction of batter slopes, fencing, landscaping, alterations to services and access.
Terms of the Sub-leasehold Estate
1. The Crown must give the lessor and the lessee reasonable notice prior to first entry onto the land for occupation during the construction of the Project.
2. The sub-lease shall commence on the 14th day after publication of a proclamation taking the land and the sub-lease in the New Zealand Gazette, and terminate on the date one year thereafter.
3. The Crown shall pay to the lessee a current market rent for the term of the sub-lease, such rate to be determined by a registered valuer at the commencement of the
sub-lease.
4. The Crown may, on the giving of written notice to the lessor and the lessee, extend the term of the sub-lease for a further one year should the Project not be completed by the expiry of the original term. The current market rent shall be reviewed at the time the lessor and the lessee are given notice of any such extension.
5. Notwithstanding the term created, the Crown may terminate the sub-lease at any time by giving the lessor and the lessee one month's notice in writing.
6. The Crown shall have the right to occupy the land subject to the sub-lease, including the right to enter and
re-enter the land at all times, with or without such vehicles, machinery or materials for the purpose set out in the notice.
Given under the hand of His Excellency the Governor- General of New Zealand and issued under the Seal of New Zealand this 23rd day of November 2011.
[L.S.]
HON MAURICE WILLIAMSON, Minister for Land Information.
GOD SAVE THE QUEEN!
(LINZ CPC/2010/15023)