Notice Type
Land Notices
Notice Title

Notice of Intention to Take Land, an Interest in Land and a Leasehold Estate-State Highway 1 Wellington Northern Corridor (Mackays to Peka Peka Expressway), Kapiti Coast District

Notice is hereby given that the Minister for Land Information proposes to take, under the Public Works Act 1981, the land described in the First Schedule to this notice ("land"), an interest in land over the land described in the Second Schedule to this notice ("easement land") on
the terms and conditions set out in the Fourth Schedule to this notice ("easement") and a leasehold estate ("lease") in the land described in the Third Schedule ("lease land") to this notice on the terms and conditions set out in the Fifth Schedule to this notice.
The land, the easement and the lease are required for construction of the State Highway 1 Wellington Northern Corridor (Mackays to Peka Peka Expressway) ("project").
More particularly, the land is required for road and the functioning indirectly of a road, and the easement (stormwater easement) and the lease are required for the functioning indirectly of a road.
The project is required to cater for increasing traffic volumes and to improve the safety and efficiency of State Highway 1 and the local road network.
The owner of the land and those persons with a registered interest in it have been served with notice of the Crown's intention to take their 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,
5th Floor, District Court Building, 49 Ballance Street, Wellington 6011, or by post to DX SX11154, 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 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 Emilie Lardas, Opus International Consultants Limited, Level 6, Majestic Centre, 100 Willis Street, Wellington 6011. Postal Address: PO Box 12003, Wellington 6144. Telephone: (04) 471 7555.
Wellington Land District-Kapiti Coast District
First Schedule
Area
ha Description
1.8110 Part of Lot 3 DP 72985 (part Computer Freehold Register WN40D/130); shown as Section 2 on SO 470914.
1.4166 Part of Lot 3 DP 72985 (part Computer Freehold Register WN40D/130); shown as Section 3 on SO 470914.
Second Schedule
Easement in favour of the Crown for the functioning indirectly of a road (stormwater easement); shown as "A" on SO 470914.
Third Schedule
Area
ha Description
1.6965 Part of Lot 3 DP 72985 (part Computer Freehold Register WN40D/130); shown as Area 101A on SO 470914.
0.9360 Part of Lot 3 DP 72985 (part Computer Freehold Register WN40D/130); shown as Area 102A on SO 470914.
Fourth Schedule
Interpretation
1. The provisions of clauses 1, 2 and 10-14 of the Fourth Schedule of the Land Transfer Regulations 2002 are implied into this easement instrument except to the extent expressly provided for the contrary in this easement instrument.
2. In this easement instrument:
Easement Facility means the Stormwater manholes and Stormwater culvert.
Servient Land means Section 4 on SO 470914 (Computer Freehold Register WN40D/130).
Stipulated Area means that part of the Servient Land; shown marked "A" on SO 470914.
Stormwater culvert means the underground pipeline to be constructed by the grantee within the Stipulated Area.
Stormwater manholes means the circular underground concrete structures to be constructed by the grantee within the Stipulated Area. Each such manhole will be fitted with a solid cover and collects stormwater runoff and routes it through underground pipes. It is an access point for underground pipes maintenance.
3. The NZ Transport Agency may exercise any of the rights and powers of the grantee under this easement instrument.
Purpose
4. The purpose of the Easement Facility is to drain the stormwater runoff from the road (Wellington Northern Corridor Mackays to Peka Peka Expressway), following works carried out by the grantee, in the immediate vicinity of the Servient Land.
5. The grantee needs to ensure the unimpeded performance of the Easement Facility in perpetuity, and therefore needs to reserve certain rights in relation to the Easement Facility and impose certain obligations on the grantor in relation to the Servient Land.
6. The stormwater corridor, the Stormwater manholes and the Stormwater culvert are integral parts of the Easement Facility.
Grantor's Obligations
7. The grantor may have access to and over the Stipulated Area subject to:
(a) compliance with this easement instrument; and
(b) any direction to the contrary from the grantee.
8. The grantor must not (nor allow any other person to do so):
(a) modify the shape or height of the stormwater corridor;
(b) dig, cut, excavate or undermine the stormwater corridor;
(c) fill in the Stormwater manhole and Stormwater culvert or otherwise hinder, obstruct or impede the flow of water in the Stormwater culvert;
(d) construct, lay or erect anything on, through, under or over the Stipulated Area;
(e) discharge any liquid into the Stormwater culvert or do anything (including, without limitation, new drainage from existing buildings, new impermeable areas, developments and subdivision on the Servient Land) which might create any new source of drainage which might discharge into the Stormwater culvert;
(f) plant any vegetation on the Stipulated Area;
(g) any other thing which in the grantee's reasonable opinion impedes, frustrates or hinders the Stormwater manhole and Stormwater culvert achieving the purpose in clause 4, or the grantee exercising any rights under this easement instrument.
9. The grantor acknowledges that the Stormwater manhole(s) and Stormwater culvert are permanent improvements to the Servient Land, and that the grantor has received full and final compensation for the grant of this easement instrument and the impact of this easement instrument on the use and enjoyment of the Servient Land.
Fifth Schedule
Purpose for Which Leasehold Estate 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 the interchange bridge, construction of swale and sediment pond, access
to construction sites and such other purpose or purposes reasonably required for construction of the project.
Terms of the Leasehold Estate
1. For the purpose of the lease, any reference to the Crown 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 proprietor shall be entitled to receive a current market rent for the term, such rate to be determined by a registered valuer and agreed between the parties or otherwise in accordance with the Public Works Act 1981 at the commencement of the lease.
4. The Crown may, on the giving of written notice to the registered proprietor, extend the term for two further periods of 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 registered proprietor is given notice of any such extension.
5. Notwithstanding the term created, the Crown may terminate the lease at any time by giving the registered proprietor one month's notice in writing.
6. The Crown shall have the right to occupy the lease land 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. Prior to commencement of the project, the Crown shall erect a temporary fence 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, construction buildings, sheds, 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. The Crown shall complete such work in a good and workmanlike manner.
The land is located at 109 Kapiti Road, Paraparaumu.
Dated at Wellington this 7th day of July 2014.
HON MICHAEL WOODHOUSE, Minister for Land Information.