Notice is hereby given that Selwyn District Council proposes to take, under the Public Works Act 1981, the land described in the First Schedule to this notice (“Land”) and a leasehold estate (“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 of this notice.

The Land and the Lease are required for construction of the Prebbleton Intersection Upgrades Project Stage 2 Project (“Project”). More particularly, the Land is required for road and the Lease is required for the functioning indirectly of a road.

The reasons why Selwyn District Council considers it essential to take the Land and the Lease is to provide is to improve the safety and efficiency of the local road network by constructing two roundabouts at the intersections of Shands Road/ Trents Road and Shands Road/Hamptons Road.

The owner of the Land and the Lease Land and those persons with a registered interest in it have been served with notice of Selwyn District Council’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, Justice and Emergency Services Precinct, 20 Lichfield Street, Christchurch. Postal Address: WX11113 Christchurch; or PO Box 2069 Christchurch 8013; 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 Grace Murphy, The Property Group Limited, Level 2, Lion House, 169 Madras Street, Christchurch Central 8011. Postal Address: PO Box 7240, Sydenham 8240. Email: gmurphy@propertygroup.co.nz. Phone: 027 223 6759.

The Land and the Lease Land are located at 735 Shands Road, Prebbleton.

Canterbury Land District—Selwyn District

First Schedule

Land

Second Schedule

Lease Land

Third Schedule

Terms and Conditions for the Lease

Purpose for which the Lease is required:

The Lease is required to allow Selwyn District Council to occupy the Lease Land during the construction of the Project. The Lease Land will be used to facilitate the removal of the improvements on the Land and the Lease Land and for such other purpose or purposes reasonably required for construction of the Project.

Terms of the Lease:

1. Any reference to Selwyn District Council in this Lease 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 owner 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. Selwyn District Council may, on the giving of written notice to the registered owner, extend the Term for one further period 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 owner is given notice of any such extension.

5. Notwithstanding the Term created, Selwyn District Council may terminate the Lease at any time by giving the registered owner one month’s notice in writing.

6. Selwyn District Council shall have the right to occupy the Lease Land for the purpose stated above 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. Selwyn District Council may erect and maintain temporary fencing for the period of construction of the Project to provide adequate security to the balance of the property.

8. Selwyn District Council shall at the expiration of the Term, or any extended period taken in accordance with the Lease, remove all debris arising from Selwyn District Council’s occupation under the Lease together with any temporary fences, construction machinery, hardstands, and other improvements required to be erected by Selwyn District Council during the Lease. Selwyn District Council shall otherwise restore the Lease Land to a condition generally in keeping with the character of the Lease Land prior to entry taking into account works Selwyn District Council was authorised to undertake under the Lease. Selwyn District Council shall complete such work in a good and workmanlike manner.

9. Clauses 4, 5, 6, 10, 11 and 12 of Part 2 and clause 13 of Part 3 of Schedule 3 of the Property Law Act 2007 are excluded from the Lease.

Dated at Rolleston this 21st day of June 2023.

DAVID WARD, Chief Executive Officer, Selwyn District Council.