Full List of Covenants

1. DEFINITIONS

• an attached residential flat contained within such a unit, and
• normal accessory buildings including a garage, garden/tool shed and the like.

BUILDING

• Not to commence or proceed with the building, erection or construction of any dwelling on the Lot unless the dwelling is new, nor to permit or suffer any pre-built, transportable or relocateable dwelling or previously lived in dwelling to be moved onto the Lot.
• Not to use in the building, erection or construction of any dwelling or fence on any Lot;
• Any of the following cladding or exterior materials:
• Fibre cement weatherboards with the exception of Hardiflex Linea panels
• Uncoated fibre materials other than factory pre-finished roofing materials
• Plywood or ply products
• Iron and steel whether galvanised or not unless new and pre-painted or coloursteel
• Concrete blocks unless such blocks are painted within 3 months of erection
• Any colour on any cladding or exterior materials that:
• Is not within the range of muted earthen hues found in the local landscape and from British Standard 4800 and 2660.
• Is not used in or applied to the exterior of any dwelling with more than two (2) other colours from the same range.
• Has a reflectivity of more than 40%, and
• Any roof with a pitch of less than 30 degrees provided however that a flat roof or a mono pitched roof on a dwelling is permissible.
• Not to build, erect or construct any building or structure (excluding a fence) within the Front Yard.
• Not to build, erect or construct any garage on the Lot whether as part of a dwelling or as a separate accessory building within 6 metres of an adjoining Legal Road.
• Not to build, erect or construct any separate accessory building on the Lot clad in materials and with decorative finishes and colours which are not the same or similar to those used on the dwelling.
• Not to allow or permit the construction of any building on the Lot or the landscaping of the Lot to continue beyond a period of 18 months from the commencement of such construction nor to allow or permit any dwelling in the course of construction to be left without substantial work being carried out for a period exceeding 3 months.

LANDSCAPING

• Not to plant on the Lot any:
• Species of Pinus radiata, Pinus ponderosa, Pinus contorta, Douglas Fir or Eucalyptus, or
• Any row of trees intended to create a hedgerow or shelterbelt in excess of 2 metres in height from ground level at the base of the tree, or
• Plant listed on the list of Plant Pests maintained by Environment Southland or any other Local Government Authority having governance over the Lot.
• Not to permit any tree growing at any time on the Lot to exceed 7 metres in height from the ground level at the base of the tree.
• Not to permit any more than 20% of the surface of any Front Yard inclusive of any driveway to be covered or sealed with any impervious material.
• Not to construct any vehicle crossing to the Lot in excess of 4 metres in width nor to construct any vehicle crossing in such a manner and out of such materials that do not compliment and blend with the footpaths and vehicles access points provided by the Transferor to the Lot.
• Not to erect or install any exterior lighting that is directed upwards for the purpose of illuminating a dwelling or any planting on the Lot.
• Not to erect or install any exterior flood lighting that would have the effect of illuminating any part of Lake Te Anau, its foreshore and any land situated immediately between Lake Te Anau and the northern boundary of the Transferors land and which is under the control and administration of the Department of Conservation or any other statutory body in which such control or administration is vested in at any time in the future.

FENCES

• Not to build, erect or construct within or on any boundary of a Front Yard any fence that is higher than 800mm above the ground.
• Not to build, erect or construct on any boundary outside of a Front Yard any fence that is higher than 1.8 metres above the ground.
• Not to plant, grow or permit to continue to grow any hedge on any boundary outside of a Front Yard that is higher than 2 metres from ground level to the base of the hedge.
• Not to build, erect or construct any fence on the Lot that contains shade cloth, netting, iron or steel unless pre-painted or colour steel, or unpainted timber unless hardwood, tanalised or creosoted.
• Not to call upon the Transferor to pay for or contribute towards the expense of construction or maintenance of any fence between any Lot including any other land adjoining the Lot and registered in the name of the Transferor but this covenant shall not enure for the benefit of any subsequent purchaser or proprietor of such land.
• Not to call upon Southland District Council to pay for or contribute towards the expense of construction or maintenance of any fence between the Lot and any contiguous land vested in the Council as Reserve or Legal Road.

GENERAL

• Not to permit the Lot or any area in front of the Lot between the boundary and the road carriageway to remain in an unkempt and untidy state.
• Not to permit any growth of grass beyond 150mm in length on the Lot PROVIDED THAT such restriction shall not apply to native or specimen grasses planted for the purpose of landscaping on the Lot.
• Not to permit any rubbish to accumulate on the Lot.
• Not to reside in or permit others to reside in any temporary structure, caravan, campervan, mobile home or tent on the Lot for any one period longer than three weeks.
• Not to allow or permit access by any vehicle of any description to the foreshore of Lake Te Anau.
• Not to further subdivide the Lot at any time PROVIDED THAT this covenant shall not apply to Lots 43 and 138.
• Not to build, erect or construct any building on the Lot other than one single dwelling inclusive of normal accessory buildings PROVIDED THAT this covenant shall not apply to Lots 43 and138.

ARBITRATION

• Any issue whatsoever, including any tortuous, equitable or statutory issues arising out of, connected with, touching on or related to these Restrictive Covenants and any issues relating to the existence, interpretation, application or validity of such covenants are hereby submitted to arbitration.
• The number of arbitrators shall be one.
• The Transferor and the Transferee will either agree upon the sole arbitrator or the arbitrator shall be appointed by the President at the time of the Southland District Law Society on the application of either party.