Notice is hereby given that the Auckland Council, under the provisions of section 23 of the Public Works Act 1981, proposes to take the land (“land”) firstly described in the First Schedule to this notice for stormwater purposes, and take a leasehold estate in the temporary occupation area (“lease area”) secondly described in the First Schedule to this notice for construction purposes, on the terms and conditions set out in the Second Schedule to this notice.

The land and lease area are required as part of a project to provide stormwater servicing for development of land within Areas 2A, 2B, and parts of Areas 4 and 5 of the Takanini Structure Plan. More particularly:

1. The land will be used for a stormwater corridor (including a channel for the conveyance of stormwater and planting with the potential to provide pedestrian footpaths and cycleways); and
2. the lease area will be occupied by the Auckland Council during construction of the channel and all reinstatement works.

The Takanini Stormwater Conveyance Corridor Project (“project”) will provide for a public stormwater network and reduce the existing flood hazard through Areas 2A, 2B, and parts of Areas 4 and 5 of the Takanini Structure Plan.

The project will enable the development of land which is identified within the Takanini Strategic Special Housing Area and currently zoned for urban development, and create an ecological corridor and a new area of high amenity and recreational value.

The owners of the land and lease area and those persons with a registered interest in them have been served with notice of the Auckland Council’s intention to take the land and lease area and have been 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, PO Box 7147, Wellesley Street, Auckland 1141, within 20 working days after the 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 Adrian Low, Development Auckland Limited, Level 2, 11 Westhaven Drive, Auckland. Postal Address: PO Box 90343, Victoria Street West, Auckland 1142. Telephone: (09) 890 8036.

North Auckland Land District—Auckland

First Schedule

Part of the fee simple interest in the property at 55 Cosgrave Road, Takanini, being Lot 2 DP 55480 contained in Computer Freehold Register NA6C/1129 and Lot 3 DP 55480 contained in Computer Freehold Register NA6C/1130 containing:

Firstly:

1. 1.8053 hectares, more or less (subject to survey), being Section 1 on SO 495342; and
2. 1.1290 hectares, more or less (subject to survey), being Section 2 on SO 495342

both areas of land to be taken for stormwater purposes.

Secondly:

1. 0.2003 hectares, more or less (subject to survey), being Area 1A on SO 495342; and
2. 0.2322 hectares, more or less (subject to survey), being Area 2A on SO 495342

both areas of land to be taken for temporary occupation areas for construction purposes on the terms set out in the Second Schedule.

Second Schedule

Purpose for Which Leasehold Estate is Required

The leasehold estate (“lease”) is required to allow the Auckland Council or its officers, invitees or agents to occupy the lease area during the construction of the Takanini Stormwater Conveyance Corridor. The lease area will be used primarily for temporary occupation of a haul road for removal of soil from the channel excavation and may also be used for temporary occupation for reinstatement works, including the storage of materials, plant and equipment.

Terms of the Lease

1. The Auckland Council must give the registered proprietor reasonable notice prior to first entry onto the lease area for occupation the construction of the project.
2. The lease shall have a term of 12 months, commencing on the 14th day after publication in the New Zealand Gazette of a Proclamation taking the land and the lease area, and terminating on the date 12 months thereafter.
3. The Auckland Council shall not be liable to pay rent to the registered proprietor on the commencement of the lease but shall pay rent only from the date of first entry onto the lease area for occupation. The rent payable shall be $725.00 plus GST (if any) for each calendar month during the term of the lease or such figure as determined by the Land Valuation Tribunal.
4. The Auckland Council shall pay the rates on the lease area during the term being a proportion, according to area, of the rates payable on the land which the lease area forms part.
5. Notwithstanding the term created, the Auckland Council may terminate the lease at any time by giving the registered proprietor one month’s notice in writing.
6. The Auckland Council shall have the right to occupy the lease area subject to the lease, including the right to enter and re-enter the lease area 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 Auckland Council 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 Auckland Council shall repair any damage caused to any part of the surface of the lease area resulting from the Auckland Council’s occupation prior to expiry of the lease. The Auckland Council shall, where required, remove from the lease area and surrounds all rubbish and trade waste, re-contour, topsoil and re-grass the lease area subject to the lease.

Dated at Auckland this 8th day of April 2016.

STEPHEN MICHAEL TOWN, Chief Executive, Auckland Council.