4 NOVEMBER 2004

NEW ZEALAND GAZETTE, No. 143

The Crown will, upon taking the land described in the First Schedule, reserve an appurtenant easement over Section 2, SO 341776, granting a formal right of support and access rights in favour of the principal units on Unit Plan 68792 and all accessory units included in the same Computer Unit Title Registers as those principal units on the terms set out in the Fifth Schedule of this notice.

The land described in the First Schedule to this notice and the leasehold estate described above is required for construction of the upgrade to State Highway No. 2—Dowse Drive to Petone. The land firstly described in the First Schedule is required for road. The land secondly described in the First Schedule is required for use in connection with a road.

The intended taking is considered reasonably necessary to improve traffic flow and reduce traffic congestion. All practicable alternatives were considered prior to designation of the land. The proposed land use is in accordance with the designation under the district plan.

The owners of the land and those persons with a registered interest in it have been served with notice of the Crown’s intention to take the land 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, Tribunals Division, Department for Courts, P.O. Box 5027, Wellington, 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 heard 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 Wayne Crowley of The Property Group Limited, P.O. Box 2874, Wellington. Telephone (04) 470 6140.

Dated at Wellington this 13th day of October 2004.

JOHN TAMIHERE, Minister for Land Information.

Wellington Land District—Hutt City

First Schedule

1132 square metres, being part of part Lot 1, DP 40307; shown as Section 1 on SO 341776.

39 square metres, being part of part Lot 1, DP 40307; shown as Section 2 on SO 341776.

This land is located at 408 Hutt Road, Petone.

Second Schedule

Description

(a) Unit 1A and Accessory Units 1-4, and 91 and 1/2 share in Accessory Units 5 and 92 and a 1/7 share in Accessory Unit 20; comprised in Computer Unit Title Register WN39A/593.

(b) Unit 2A and Accessory Units 8-9 and 48 and a 1/7 share in Accessory Unit 20; comprised in Computer Unit Title Register WN39A/594.

(c) Unit 3 and Accessory Units 10-11; comprised in Computer Unit Title Register WN39A/595.

(d) Unit 8 and Accessory Units 33-34 and a 1/7 share in Accessory Unit 20 and a 1/8 share in Accessory Unit 21; comprised in Computer Unit Title Register WN39A/600.

(e) Unit 9 and Accessory Units 31-32 and 39 and a 1/8 share in Accessory Unit 21; comprised in Computer Unit Title Register WN39A/601.

(f) Unit 10 and Accessory Units 40 and 44-47 and a 1/8 share in Accessory Unit 21; comprised in Computer Unit Title Register WN39A/602.

(g) Unit 11 and Accessory Units 43 and 58-59 and a 1/8 share in Accessory Unit 21; comprised in Computer Unit Title Register WN39A/603.

(h) Unit 12 and Accessory Units 41-42 and 56-57 and a 1/8 share in Accessory Unit 21; comprised in Computer Unit Title Register WN39A/604.

(i) Unit 13 and Accessory Units 70-72 and a 1/8 share in Accessory Unit 21; comprised in Computer Unit Title Register WN39A/605.

(j) Unit 14 and Accessory Units 23-28 and a 1/2 share in Accessory Unit 92 and a 1/7 share in Accessory Unit 20; comprised in Computer Unit Title Register WN39A/606.

(k) Unit 15 and Accessory Units 22, 29-30 and 60-62 and a 1/7 share in Accessory Unit 20; comprised in Computer Unit Title Register WN39A/607.

(l) Unit 16 and Accessory Unit 55; comprised in Computer Unit Title Register WN39A/608.

Third Schedule

Purpose for Which Leasehold Estate Required

The leasehold estate is required to enable the Crown to:

(a) clad, repair and weatherproof the exterior walls following demolition of Units 4 and 6;

(b) reasonably reinstate services; and to

(c) secure an area of common property created.

Fourth Schedule

Terms of Lease

1. The Crown must give the registered proprietor three months’ notice in writing that it intends to enter the land subject to the lease to clad, repair and weatherproof the exterior walls.

2. The lease shall have a term of three months commencing on the date immediately following the expiry of the Crown’s notice, and terminating on the date three months thereafter.

3. Notwithstanding the term created, the Crown may terminate the lease at any time by giving the registered proprietor one month’s notice in writing.

4. The Crown shall have the right to clad, repair and weatherproof the exterior walls on the land subject to the lease, including the right to enter and re-enter the land at all times, with or without such equipment as is reasonably necessary to complete construction provided that no access shall be taken through the principal units except as provided for in paragraphs 12 and 13 of this Fourth Schedule.

5. In completing the work pursuant to paragraph 4 above, the Crown shall provide temporary weatherproofing to exposed areas of the existing interior walls or where existing walls (being a common boundary with Unit 4 or 6) are demolished.

6. The Crown shall reinstate utilities affected by the works including without limitation:

   (a) relocating the electrical sub board presently located at the front of Unit 6 to the new area of common property to be created in the position approximately as shown on drawing 3251055-E002 Rev A (a copy of which has previously been made available to the registered proprietors) together with associated cabling works; and

   (b) enclosing the main switchboard to be retained within the rear of Unit 6 with a new weatherproof roof and wall.

7. The Crown, in completing the works, shall ensure that access through Accessory Unit 21 for the benefit of Units 7, 8, 9, 10, 11, 12 and 13 is maintained at all times.