Turoa Yurt Village, Ohakune New Zealand

RESTRICTIVE LAND COVENANTS

Whereas:

The Grantee acknowledges and agrees with the Grantor that the Lot forms part of a development, which is intended to be established as a modern and well designed subdivision. The Grantee covenants with the Grantor or such other person or persons as are nominated by the Grantor, for themselves and their executors, administrators and assigns as follows:

Not to allow being placed on the Lot any building which is other than of the same style and design as that dwelling already located on Lot…...
Not to allow the erection of any temporary building, shed or structure upon the section except a structure which will be used in conjunction with the construction of a permanent building as specified in paragraph 1 above and which will be removed forthwith from the land upon completion of that work.
Not to erect or permit to be erected on the Lot any dwelling without first having submitted plans and specifications of such building to the Grantor and obtaining the written approval of the Grantor to such plans and specifications and the building materials to be used. Such approval will not be unreasonably withheld in the case of the construction of a dwelling in the same style, design and exterior building materials as that located on Lot….. The discretion of the Grantor as to the plan, specifications and materials to be used shall be absolute.
Not to allow any building in the course of construction to be left without substantial work being carried out for a period exceeding two months and to complete construction of any building within six months of the commencement of work and to ensure that any access way off the driveway shall not be constructed in permanent hard surfacing such as concrete, cobblestones, interlocking paving or bitumen sealing.
Not to allow any large truck or truck and trailer unit or large commercial vehicle to be serviced or parked on the Lot or in the subdivision.
Not to use the Lot for any purpose other than residential.
Not to further subdivide the Lot (including by way of cross lease, unit title or company share type subdivision);
Not to place or locate a caravan or stand alone garage or similar vehicle or structure nor convert for use any structure (exclusive of the main dwelling) as a temporary or permanent dwelling or mode of shelter on the land other than a temporary structure pursuant to the provisions hereof.
Not to erect any fence on the Lot.
Not to erect any clothesline except such clothesline as may be aesthetically sensitive in terms of design and location. No clothesline shall be erected so as to be visible from the access way.
Not to place any dog kennel or animal enclosure on the Lot.
To enhance the quality and appearance of the attachments to the dwelling (including but not limited to television or radio antennae). The Purchaser shall not construct such attachments except as are discreetly integrated with the building.
Not to allow any rubbish to accumulate on the Lot nor to permit any excessive growth of grass to that the same becomes unsightly.
Not to use the Lot in any way which detrimentally affects the amenities of the neighbourhood including permitting noise from the Lot which is likely to cause offence to the other occupiers in the subdivision.
To keep and maintain the Lot in a neat and tidy condition.
Not to interfere with or allow interference with the existing Totem poles located at the property. Without limitation, the Grantee shall not allow the Totem poles to be added to or painted or obscured to the intent that the Grantee, along with the other registered proprietors shall be in the nature of a guardian of the Totem poles.
To comply with the Vegetation Management Plan adopted by the Grantor from time to time and in any event only to plant vegetation native to New Zealand and in no case permit a tree or any vegetation exceeding 3 metres in height.
If there should be any breach or non-observance of the foregoing covenants and without prejudice to any other liability which the Purchaser may have to any person having the benefit of this covenant (“the Claimant”), the Purchaser will, should the Claimant, his agents or assigns so demand (and) on behalf of the registered proprietors of any of the lots on the plan of subdivision of which the land sold herein forms part:

	(a)	pay that person making such demand as liquidated damages the sum of $150 per day and this will increase by the annual rate of the Consumer Price Index (“CPI”) for the preceding year, the commencement date will be the date of registration of the restrictive covenant, so long as breach or non-observance continues along with a sum equal to all of the costs, fees and expenses of the Claimant in rectifying any structure or works (until such time as the structure or works complies fully with the said restrictive stipulations and foregoing covenants); and/or
	(b)	remove or cause to be removed or allow the Claimant to remove from the land any works or any structure erected or permitted to be erected or repaired in breach or non-observance of the said restrictive stipulation's and foregoing covenants; and/or
	(c)	replace or allow the Claimant to replace any works or building material used or permitted to be used in breach or non-observance of the foregoing restrictive stipulations and foregoing covenants.