Notice Type
Land Notices
Notice Title

Notice of Intention to Take Land and a Lease—State Highway 35 Wainui Cycleway Project, Gisborne 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”) and the lease (“lease”) in the land described in the Second Schedule to this notice (“lease land”) on the terms and conditions set out in the Third Schedule to this notice.

The land and the lease are required for construction of the State Highway 35 Wainui Cycleway Project (“project”). More particularly, the land is required for road and the lease is required for the functioning indirectly of a road to allow for temporary occupation during construction of the project.

The project is required to provide a safe pathway for cyclists and pedestrians alongside State Highway 35 between Wainui and central Gisborne.

The owner of the land and those persons with a registered interest in it have been served with notice of the Minister for Land Information’s intention to take the land and the lease 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 Gareth Nicholl, The Property Group Limited, Level 1, Cosmopolitan House, 6 Albion Street, Napier 4110. Postal Address: PO Box 49, Napier 4140. Telephone: (06) 833 6451.

Gisborne Land District—Gisborne

First Schedule

Area
ha

Description
0.2215 Part Lot 1 DP 382462 (Computer Freehold Register 329618); shown as Section 1 on SO 505186.

Second Schedule

Area
ha

Description
0.2305 Part Lot 1 DP 382462 (Computer Freehold Register 329618); shown as Area 8 on SO 505186.

Third Schedule

Terms and Conditions

Purpose for Which the Lease is Required

The leasehold estate is required to allow the Crown to occupy the lease land during the construction of the project. The lease land will be used to facilitate construction works on adjacent land.

Terms of the Lease
  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 six months thereafter (“term”).

  3. The registered proprietors shall be entitled to receive rental of $1,000.00 plus GST (if any) for the term of the lease.

  4. The Crown may, on the giving of written notice to the registered proprietors, extend the term for one further period of six months should the project not be completed by the expiry of the initial term. The registered proprietors shall be entitled to receive a current market rent for the extended term, such rent to be determined by a review by a registered valuer (unless otherwise agreed between the parties) at the time the registered proprietors are given notice of any such extension.

  5. Notwithstanding the term created, the Crown may terminate the lease at any time by giving the registered proprietors 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 between the lease land and the balance of the registered proprietors’ land for the period of construction of the project to provide an adequate safety barrier to the balance of the registered proprietors’ land.

  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 or other improvements required to be erected by the Crown on the lease land 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 and the lease are located at 601 Wainui Road (State Highway 35), Gisborne.

Dated at Wellington this 3rd day of February 2017.

Hon MARK MITCHELL, Minister for Land Information.