The Rt Hon Dame PATSY REDDY, gnzm, qso,
Governor-General

A Proclamation

Pursuant to section 26 of the Public Works Act 1981, I, The Right Honourable Dame Patsy Reddy, Governor-General of New Zealand, hereby declare:

1. the land described in the First Schedule to this notice to be taken for road which, pursuant to section 88 of the Government Roading Powers Act 1989, becomes road, limited access road and State highway and shall vest in Her Majesty The Queen; and
2. a lease shall be taken over the land described in the Second Schedule to this notice for the functioning indirectly of a road and shall vest in Her Majesty The Queen on the terms and conditions set out in the Third Schedule to this notice

on the 14th day after the date of the publication of this Proclamation in the New Zealand Gazette.

Gisborne Land District—Gisborne District

First Schedule

Second Schedule

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 State Highway 35 Wainui Cycleway Project (“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.

Given under the hand of Her Excellency the Governor-General of New Zealand and issued under the Seal of New Zealand this 27th day of June 2017.

[L.S.]

Hon MARK MITCHELL, Minister for Land Information.

God Save The Queen!

(LINZ CPC/2015/18479)