The Rt Hon Dame CINDY KIRO gnzm, qso,

Governor-General

A Proclamation

Pursuant to section 26 of the Public Works Act 1981, I, The Right Honourable Dame Cindy Kiro, Governor-General of New Zealand, hereby declare the leasehold estate (“lease”) over the land described in the First Schedule (“lease land”) to be taken on the terms and conditions set out in the Second Schedule and vested in Auckland Council on the 14th day after the date of the publication of this Proclamation in the New Zealand Gazette.

North Auckland Land District—Auckland

First Schedule

Lease Land

Second Schedule

Terms and Conditions for the Lease

Purpose for which leasehold estate is required

The lease is required to allow Auckland Council and its officers, invitees or agents, including Auckland Transport (“Council”), to occupy the lease land during the construction of the Eastern Busway Project (“Project”). The lease land will be occupied for construction activities, for access to construction sites and reinstatement works, and for such other purpose or purposes reasonably required for construction of the Project.

Terms of the leasehold estate

1. The Council must give the registered owner reasonable notice, being at least forty eight (48) hours, prior to first entry onto the lease land for occupation under the lease.

2. The lease shall commence on the 14th day after publication of a proclamation taking the lease in the New Zealand Gazette (“Commencement Date”), and terminate on that date that is three (3) years from the Commencement Date (“Term”).

3. The registered owner will be entitled to receive a current market rent for the Term determined in accordance with the Public Works Act 1981.

4. The Council may, on the giving of written notice to the registered owner, extend the Term for a further period of up to two (2) years, should the Project not be completed by the expiry of the original Term. Following notice being given to the registered owner of any such extension, the rent payable for the extended term (payable on and from the first day of the extended term) shall be adjusted in accordance with the movement of the Consumer Price Index (All Groups) published by Statistics New Zealand or other government agency (CPI) and calculated in accordance with the following formula:

A = B x ((C/D))

Where:

A = new annual rental for the extended term;

B = annual rent payable for the previous 12 months;

C = CPI for the nearest quarter date preceding the first day of the extended term; and

D = CPI for the nearest quarter date preceding the Commencement Date.

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

6. The Council will have the exclusive right to occupy the lease land, including 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 this notice.

7. The Council will take all reasonable steps to minimise damage to the lease land arising from the Council’s occupation under the lease and/or the execution of construction of the Project. Where access to the balance of the registered owner’s land is prevented, the Council will ensure that alternative practical access is provided to ensure continued access.

8. At the expiration of the Term, or any extended period taken in accordance with the lease, the Council will, in a good and workmanlike manner, restore the surface of the lease land to a condition generally in keeping with the condition it was in prior to entry, so far as it is reasonable to do so.

9. Clauses 4, 6, 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.

The land is located at 11 Reeves Road, Pakuranga Auckland.

Given under the hand of Her Excellency the Governor-General of New Zealand, and issued under the Seal of New Zealand this 29th day of September 2023.

Hon DAMIEN O’CONNOR, Minister for Land Information.

God Save The King!

(LINZ CPC/2005/10974)