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Council
Parklands Residential Estate

Parklands Residential Estate

Generic Land Covenants

These land covenants generically apply to all sections in Parklands Residential Estate. The content of clauses 6 and 11 vary from stage to stage, so an illustration of their content and an explanation of the intent is given.

This information is for guidance only. Before committing to purchase a section, we recommend you have your lawyer review the specific land covenants registered against the title for that section or, if the title has not yet issued, those land covenants attached to your sale and purchase agreement.

1. Construction of a Residence

1.1

(a) Any person, being a registered proprietor at the time of any part of the servient land ("the Owner"), must not commence or enter into any agreement for the construction of a residence (which is defined as a detached residential building designed for and occupied exclusively as one household unit for residential purposes only and which includes an integral garage or carport and other associated ancillary buildings, erections and site works such as sheds, fences, paths, courtyards or driveways associated therewith) on the part of the land being purchased ("the property") without first submitting the certified plans and specifications to the Napier City Council ("the Council") for plan acceptance and obtaining from the Council written approval of such plans and specifications ("plan acceptance").

(b) The Council must not withhold approval if the Owner has complied with these covenants, made all payments due to the Council and the proposed dwelling is reasonably sited, meets the Council's design concepts, complements adjoining properties and does not detract from the standard of the development of the servient land.

1.2 Construction Timeframes

The Owner may not construct or erect on the property anything other than a residence, and must not use the property for any purpose other than construction, erection and occupation of a residence. The Owner must commence construction of a residence on the property within one (1) year of the date of possession as specified in the Agreement for Sale and Purchase between the Council and the Owner, and must after commencing construction continue through to completion with all reasonable speed and strictly in accordance with the plans and specifications which are approved in accordance with Clause 1.3. The Owner must not permit any deviation from the said plans and specifications without the written consent of the Council, and must complete the construction of the residence within one (1) year from the date of plan acceptance.

1.3 Plan Approval

Acceptance of the Owner's plans and specifications by the Council must be based on the information supplied by the Owner and in reliance on the certificate by the Owner's building designer. It shall not imply any warranty by the Council that:

(a) the proposed residence may utilise existing services;
(b) the proposed siting of any proposed residence is not affected by the location of existing services;
(c) the proposed siting of any proposed residence complies with the Council's bulk and location requirements;
(d) the location of egress on the building designers plans is in accordance with the Council's requirements as to public roads.

1.4 Access for Further Works

The Council and its agents and employees shall continue, after possession has been given, to have the right to enter upon the property for the purpose of completing any subdivisional work including surveying, earthworks, constructing drains, roads, footpaths, driveways and the installation or maintenance of services generally.

2. Section Maintenance

2.1

The Owner must ensure from the date of possession that the property is kept in a neat and tidy condition and maintained free from long grass, weeds, rubbish, builder's waste or other substances before, during and after the construction of any residence thereon. In the event that while the property remains unoccupied the Owner fails to do so the Council may arrange for the property to be cleared and the Owner must pay to the Council immediately upon demand the costs incurred by the Council together with interest thereon at a rate of 20 percent per annum on a daily basis from the date that such costs were incurred by the Owner.

2.2

The use of adjacent or abutting land for access and dumping of rubbish and waste concrete is strictly prohibited; provided however that the Owner or the Owner's builder may have access across any other land upon obtaining written approval from the Council.

2.3

The Owner is liable for any damage caused to roads or footpaths or to any adjoining land resulting from the construction of any residence on the property, and the Council must not be called upon by the Owner to repair any damaged roads or footpaths howsoever caused.

3. Occupation of Residence

3.1

Any residences constructed on the property must not be occupied until all exterior claddings to the buildings comprised in the residence are completed and are fully decorated; a driveway has been laid in accordance with the building standards herein, all paths, gates, clotheslines and letterboxes are installed; the grounds around the residence are levelled and prepared for the development of lawn and gardens; and the boundary fences have been erected around the property to the minimum standard set out herein.

4. Boundary Adjustment

4.1

The Owner must not alter the boundaries of the property whether by amalgamation, boundary adjustment or in any manner howsoever without first obtaining the consent in writing of the Council.

5. Restrictions on Construction

5.1

The Owner must not use any part of the land for which a separate Certificate of Title has issued ("lot") for the construction of more than one residence.

5.2

The Owner must not :

(a) Erect any building other than a single storey new residential home on the lot.
(b) Erect any flats or other dwelling units which may be subject to a cross lease or registration under the Unit Titles Act 1972.
(c) Complete any further subdivision of the Lot.
(d) Include any granny flat in the residence.
(e) Erect any building within a distance of three metres from any boundary fronting a road and within a distance of 1.5 metres from any other boundary.
(f) Erect on any Lot any buildings or structure (other than a chimney) with a height which exceeds the lesser of:

(i) a maximum height of 7.2 metres measured from the average ground level of the Lot; or
(ii) the building height envelope created by:

- Measuring a vertical height of 2.5 metres from the ground level at any boundary of the Lot ("the boundary height"); and
- Inclining a plane into the Lot commencing from the boundary height at the angle of 30 degrees rising up from the horizontal plane ("the building height envelope").

6. Building Line Restrictions

6.1

In respect of…(specific identified lots)… the Owner must not construct or erect any building, dwelling, or structure within three (3) metres of the southern boundary.

(Explanation: In certain locations Council increases the minimum allowable distance to the southern boundary of the lot, in order to ensure adequate sunlight benefits are provided to the northern-facing recreational areas of adjacent lots).

7. Contractors

7.1

(a) The Owner must immediately prior to commencing the construction of any residence on the property construct an all weather access crossing for the purpose of avoiding unsightly mud and rubbish being deposited on to the roads. Except where the access crossing is to be used as part of the driveway to the property the access crossing shall, on completion of the construction of any residence on the property, be removed by the Owner and the surface of the ground restored to its condition immediately prior to the laying of the access crossing.

(b) The Owner must also before commencing the construction of any residence on the property construct a mud free hard stand loading pad for a distance of 5 metres from the boundary of the property into the property, and of a minimum width of 3.5 metres.

(c) In constructing the access crossing and loading pad the Owner must ensure that no damage is caused to any existing berms or footpaths and the Owner hereby indemnifies the Council from any ensuing liability in respect of any damage.

7.2

The Owner must ensure that no concrete trucks servicing any construction activities on the property dump concrete slurry on the land.

7.3

The Owner must not permit any contractor, sub-contractor or employee ("the builders") to commence construction of the residence without first ensuring that the builders are familiar with the requirements of this clause and all other provisions relating to the construction of the residence, and that these provisions are complied with.

8. Boundary Fencing

8.1

(a) Prior to the residence on the property being occupied for residential purposes or being offered for sale the Owner must ensure that all boundary fences around the said property have been erected to the minimum standard set out in sub-clause (b) of this paragraph provided that the Council may in its sole discretion approve other fence designs and heights that do not comply with the minimum standards where those fences are incorporated into the overall architectural design of the residence and are in harmony with its cladding and do not detrimentally affect the street vista.

(b) The minimum boundary fencing standards comprise a pre-colour coated metal siding with matching metal cap or vertical timber paling fixed onto timber posts and rails. Posts are to be set in concrete. Subject to sub-clause 8.1(c) no fence shall be more than 1.83 metres in height above the existing natural ground level.

(c) No fence along, or within 3 metres of, any boundary fronting a road shall exceed 1 metre in height above the natural ground level unless approved by the Council in its sole discretion.

(d) In no circumstances may any fence be constructed of corrugated iron or post and wire.

9. Roof Claddings

9.1

The minimum roofing standard for all buildings comprised in a residence are pre-coated or pre-coloured long run or pressed tile roofing products. The use of unpainted galvanised iron, zincalume or similar product will not be permitted.

10. Exterior Claddings/Painting and Decorating

10.1

(a) Subject to sub-clause (d) herein, feature cladding such as kiln fired or concrete brick veneers, textured stuccos/coatings, stone, timber or pre- primed fibre cement weatherboard having a maximum finished width not exceeding 180 mm must be utilized over not less than 80 percent of the non glazed area of the exterior walls of the residence and the feature cladding should be concentrated on the elevations visible to the street.

(b) All buildings detached from the residence must comply with the above requirements and be in conformity with the residence.

(c) All exterior surfaces not precoated or prefinished shall be painted or stained prior to the Owner occupying the residence or, where the residence is a spec home, prior to the residence being offered for sale.

(d) Any weatherboard detailing shall include, as the preferred design, traditional box and scriber treatments to the corners and windows in conjunction with an appropriate use of colour.

(e) Any residence which has an exterior finish in the form of flat cladding, concrete block, poured concrete or similar shall have the surface of such materials textured in such a manner as to fully cover all of the base material.

11. Minimum Floor Area

11.1

A minimum ground floor area of that part of the residence that comprises the enclosed living areas of the residence (including any integral garaging), but excludes detached garages or carports and all other ancillary buildings and other improvements ("residential building") shall not be less than:-

- 185 square metres (for sections of area greater than 541 square metres)
-
170 square metres (for sections with areas between 461 m2 and 540 m2)

(Note:- Sections with areas less than 460 m2 are reserved for builders, for construction as a pair or group of like-sized dwellings, each with a floor area of between 140 m2 and 160 m2.

Minimum ground floor areas for each section, are defined in the land covenants issued for each stage).

12. Driveways

12.1

A driveway must be constructed to provide vehicular access to the residence consisting of a permanent surface of concrete, concrete block, brick paving or tar sealing with such surfacing to be completed to a good tradesmanlike standard.

13. Recycled Materials

13.1

The Owner must not use on any lot any recycled or second hand materials in or for the construction or erection of a residence thereon provided that in the case of any subsequent alteration, addition to or refurbishment of any such fully completed residence recycled or second hand materials may be used where the use of such materials result in the exterior appearance and architectural standards of the residence remaining in keeping with the exterior appearance and architectural standards of neighbouring residences.

14. Relocatable Structures

14.1

The Owner must not place on any lot any relocated or transportable building or structure whether new, used, or recycled provided that builders sheds or such other buildings that are required during the course of the construction and erection of any residence may be placed on any lot but must be removed on completion of construction.

15. Garaging

15.1

The residence must include an attached or separate fully enclosed garage which is completed at the same time as the residential building in the same or similar type of materials.

16. Disrepair of Buildings

16.1

The Owner must not allow on any lot any buildings or structures to become dilapidated or to fall into disrepair or allow any nuisance or disturbance to be caused to any owner or occupier of neighbouring residences.

17. Temporary Dwellings

17.1

No temporary dwelling, caravan, trade vehicle or other equipment and materials may be brought onto or allowed to remain on the property following completion of the residence unless they are garaged or screened so as to preserve the neighbourhood amenities.

18. Graffiti

18.1

The Owner must not allow to remain on any wall, fence, structure or building on the property any graffiti or similar disfiguring for more than 5 working days, from the date that such occurred or was brought to the notice of the Owner.

19. Animals

19.1

The Owner must not keep any poultry or farm animals and not breed for commercial purposes any animals or birds on the property.

20. Trees

20.1

The Owner will not permit trees to grow on the Lot to a height exceeding the building height envelope as described in sub-clause 5.2(f) herein.

21. Screening

21.1

This Clause 21 shall apply to any motor vehicles with a gross weight in excess of 2.5 tonnes (whether mobile or immobile), caravans, boats, trailers, recreational vehicles, machinery, firewood, apparatus or any such similar thing.

21.2

The Owner will not bring on or allow to remain on any of the Lots any of the items described in Clause 21.1 if such items, when parked or stored on a Lot, exceed a height of 2.5 metres and/or are longer than 6 metres unless such items are parked or stored entirely within the confines of a shed or garage.

21.3

The Owner will not bring on or allow to remain on any of the Lots any of the items described in Clause 21.1 if such items, when parked or stored on the Lot, are under 2.5 metres in height and less than 6 metres in length unless such items are parked or stored in a shed, garage or carport and/or any area that is properly screened from the street.

21.4

The Owner will not allow any of the items described in Clause 21.1 to be parked on a street within the subdivision.

22. Satellite Dish

22.1

No residence or other building situated on any Lot shall install a satellite dish on any side of the residence or building fronting a street.

23. Fencing Covenant

23.1

The Council is not liable to pay for or contribute towards the expense of erection or maintenance of any fence between the property and any contiguous land of the Council but this proviso shall not enure for the benefit of any subsequent purchaser of the contiguous land.

24. Council's Indemnity

24.1

The Owner agrees that it will at all times hereafter save harmless and keep indemnified the Council from all proceedings costs claims and demands in respect of any breaches by the Owner of any of the covenants and restrictions hereinbefore on the Owner's part contained or implied.

25. Enforcement of Covenants

25.1

The Council shall not be required or obliged to enforce all or any of the covenants, stipulations and restrictions contained herein nor liable to the Owner for any breach thereof by any of the registered proprietors from time to time of the other Lots which are subject to the within Covenants.

26. Damages for Breach

26.1

In the event of a breach of any Covenant the Owner will on demand pay to the Grantee the sum of $20,000.00 or a sum equal to 25 per cent of the cost of erection of dwelling, house or structure whichever sum is the greater. This sum together with all costs incurred in enforcing the Covenant will constitute a debt due to the Grantee and is recoverable by the Grantee as liquidated damages.

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