Notice is hereby given that the Minister for Land Information proposes to take under the Public Works Act 1981 a leasehold estate (“Lease”) over the land described in Schedule 1 (“Lease Land”) on the terms and conditions set out in Schedule 2.

The Lease is required for the functioning indirectly of a road for the Northern Corridor Improvements Project (“Project”).

More specifically, the Lease is required for the following reasons:

1. The Project will provide for a new direct motorway connection between State Highway 1 and State Highway 18, and an extension of the Northern Busway from Constellation Bus Station to the existing Albany Park n Ride station; and
2. to enable the construction of a retaining wall which will hold the busway and shared use path.

The owner of the Lease 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 their interest 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, Ministry of Justice, Level 2, 41 Federal Street, Auckland 1010. Postal Address: PO Box 7147, Wellesley Street, Auckland 1141 or DX:CX10086, Auckland, 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 Matt Kirkbride, WSP/Opus, The Westhaven, 100 Beaumont Street, PO Box 5848, Auckland. Telephone: (09) 377 9613.

North Auckland Land District—Auckland

Schedule 1: Lease Land over which lease is intended to be taken

The Lease Land is located at 38 Colliston Rise, Pinehill, Auckland.

0.0004 hectares being part of Lot 26 Deposited Plan 489308 (Computer Freehold Register 708828); shown as Area 1A on Survey Office Plan 513837.

Schedule 2: Lease Terms and Conditions

Purpose for Which the Lease 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 the construction of a retaining wall to support the busway and shared use path to be constructed as part of the Project.

Terms of the Lease

1. For the purpose of this Lease, any reference to the Crown includes its employees, engineers, assistants, consultants, contractors and authorised invitees.
2. The Lease shall commence on the later of 31 March 2018 or the 14th day after publication of a Proclamation taking 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 an adequate safety barrier 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 and other improvements required to be erected on the Lease Land by the Crown during the Lease. The Crown shall otherwise restore the Lease Land to conditions 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.

Dated at Auckland this 1st day of June 2018.

Hon EUGENIE SAGE, Minister for Land Information.