Notice is hereby given that the Minister for State Owned Enterprises, exercising the powers of the Minister of Lands under the New Zealand Railways Corporation Act 1981, proposes to take, under the Public Works Act 1981:

1. The land described in the First Schedule to this notice (“Land”); and
2. A leasehold estate (“Lease”) over 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 railway purposes for the Drury Central Railway Station Project (“Project”). The Project is the construction of a new train station which includes, for connectivity with local residential areas, a bus interchange, park and ride facilities as well as walking and cycle paths, and will have new road accessways to connect the station with adjacent arterial roads and bus routes.

The reasons why the Minister for State Owned Enterprises considers it essential to take the Land and the Lease are as follows:

1. The taking will accommodate the construction of the Project.
2. The taking will enable the provision of better rail transport options (including future proofing for additional rail tracks and longer trains) and connectivity with other transport modes and networks.

The owner of the Land and the Lease Land and those persons with a registered interest in it have been served with notice of the Minister for State Owned Enterprises’ 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, Specialist Courts and Tribunals Centre, Level 2, 41 Federal Street, Auckland 1010, or PO Box 7147, Victoria Street West, Auckland 1142, or DX CX10086, Auckland, within 20 working days after the date of publication.

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 Katie Beveridge, The Property Group Limited, Level 17, 55 Shortland Street, Auckland 1010. Postal Address: PO Box 104, Shortland Street, Auckland 1140. Email: kbeveridge@propertygroup.co.nz. Telephone: 021 874 253.

The Land and Lease Land are located at 35 Waihoehoe Road, Drury being:

North Auckland Land 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 the Minister for State Owned Enterprises (“Minister”) to occupy the Lease Land during the construction of the Project. The Lease Land, once the existing improvements have been removed, will be used for storing materials, access to construction sites and for such other purpose or purposes reasonably required for construction of the Project.

Terms of the Lease:

1. Any reference to the Minister 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. The Lease term will be two years from the commencement date (“Term”).

3. The registered owner will 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 Minister 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, the Minister may terminate the Lease at any time by giving the registered owner one month’s notice in writing.

6. The Minister 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. The Minister will take all reasonable steps to minimise damage to the Lease Land arising from the Minister’s occupation under the Lease and/or the execution of construction of the Project.

8. The Minister shall at the expiration of the Term, or any extended period taken in accordance with the Lease, remove all debris arising from the Minister’s occupation under the Lease together with any temporary fences, construction machinery, hardstands, and other improvements required to be erected by the Minister during the Lease. The Minister 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 the Minister was authorised to undertake under the Lease. The Minister will complete such work in a good and professional 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 Wellington this 9th day of October 2023.

Hon Dr DUNCAN WEBB, Minister for State Owned Enterprises.

(LINZ CPC/2022/22407)