In these restrictive covenants
Accessory building includes any structure on the lot normally constructed in conjunction with a residential unit and includes but is not limited to a garage, carport, garage shed or dog kennel
Development means the development being carried out on lots 1 through to lots 28 on DP blank to be known as "Holland Park"
Dwelling means a building or a group of buildings designed and occupied as a single private residential unit and includes normal accessory buildings as defined above
Lot means any lot within the development (all references to lot numbers being inclusive)
Fence means any solid structured erected on or any hedge grown on any boundary of the lot or within 2 meters of any such boundary within the intent of dividing or creating a barrier between the lot and an adjoining lot, road or reserve
Hedge means any row of bushes, scrubs or small trees planted in close proximity to form a barrier or boundary between lots, or between a lot and a road or a reserve
Holland Park variously means ACG & AL van der Dussen Partnership (trading as Holland Park) a Partnership duly formed for the purposes for any item in the covenants that requires the consent of Holland Park it shall be deemed to be authorised to give such consent unless at any time Holland Park gives written notice to the registered proprietors of all lots that such consent has been revoked
The grantor for itself and its successors in title covenants and agrees with the grantee and its successors in title for the benefit of all of Lots 1 – 28 (inclusive) on DP that:
1. The Grantor will at all times observe and perform all the covenants contained in this instrument to the intent that each of the covenants will forever enure for the benefit and be appurtenant to each and all of the Lots and each and all of the Registered Proprietors of the Lots Provided that the Grantor will only be liable for breaches of the covenant contained in this instrument which occur whilst the Grantor is the Registered Proprietor of the land or any part of the land
2. The Purchaser shall
1.1 not commence or proceed with the building erection, construction, external alteration, addition to or exterior redecoration of any dwelling on the lot unless the colour scheme, building materials and plans (including the size of the proposed dwelling) for such building erection and construction, external alteration of addition to or redecoration of the dwelling have been approved by Holland Park in writing
1.2 ensure that single storey buildings only are erected on all Lots apart from Lots 10 – 18 where two storey buildings shall be permitted.
1.3 not use in the building erection/construction/external alteration/addition or external redecoration of any dwelling, accessory building or fence on the lot any material or colour scheme whatsoever unless it has been approved by Holland Park in writing and which shalll be deemed to be substantially similar to other dwellings and fences in the development
1.4 ensure all main roofs shall be at a minimum pitch of 30 degrees and shall be be one of the following materials
- long run iron corrugated profile
- metal product, brand names known as Euro Tray, Heritage Tray, Metalcraft Espan 470
- clay tiles
- all metal roofs to be prepainted, baked finish in dark grey e.g. Flaxpod, Grey Friars, Thunder grey
1.5 ensure that secondary roofs (being roofs of secondary ground floor building elements such as verandah roof or a roof which forms and link between the main roofs comprising of no more than 20 percent of the total roof area may be flat or of low pitch
1.6 ensure all flat roofs shall be either a proprietary mastic or equivalent membrane and where flat roofs are to be used in larger areas (up to maximum 20 percent allowable) these should be designed as integral elements of the overall building form
1.7 ensure flashings gutters and downpipes shall be constructed of durable materials (PVC is not permitted) flashings and gutters are to be the same colour tone as the roof or copper which will weather to blend with colours of the roofs
1.8 ensure all pitched roofs shall have gabled ends
1.9 shall use Dormer windows and other devices to break up large roof expanses
1.10 ensure that skylights and their assembly with flashing kits should not protrude unnecessarily above the roof plane. Skylights and solar panels are to be located detailed and or screened so that reflections from their surfaces are minimised as far as practical from another lot. Velux skylights are suggested
1.11 ensure all roof projections including chimney/flues and vents shall be compatible in height and material from the structure of which they project
1.12 ensure that garages are built a minimum of 1 metre from the boundary
2. Windows and Doors
2.1 ensure that all windows and any other openings shall primarily have vertical proportions and when applied to plaster walls shall be recessed to create defined sills and lintels to give an illusion of thick walls
2.2 ensure that all windows and doors are to be of the minimum 200mm below any soffit
2.3 ensure that glass may be coated and tinted to contain solar heat gain but a mirrored appearance is not permitted, only grey tint is permitted in windows and doors that have a street frontage
3. Building projections
3.1 ensure that any porches/verandahs/colonnades/loggias/adjustable louvres/ awnings and patios for climate control and or outdoor living in circulation where installed shall form part of the main structure
3.2 signage, only one sign shall be permitted of one size of no larger than 900 x600 mm but this covenant shall exclude the Holland Park sign on lot 28 which shall be maintained in good repair and condition and in its original location by the owner of lot 28 and the sign shall not be removed or damaged or permitted to be removed or damaged
3.3. no flags are permitted on the site and no flag poles are to be erected
3.4 letterboxes shall be constructed from the same cladding material as the house i.e. plaster, cedar, natural stone and may not be a box on a pole style. Consideration may only be made for lots on a back section and with prior approval.
4.1 ensure that all structures on any one site are to be designed as integral parts or extensions of the main building in terms of material and colours even if physically separated from it
4.2 ensure that materials and construction that are acceptable include
- stone including large white Oamaru stone blocks, minimum block size 650x 390mm, Timaru blue stone, Waitahi stones (Silverstone), in large sizes with flat faces and grey in colour
- Hot block covered with bagged plaster and painted
- Solid plaster or a textured plaster finish
- Herman Pacific or Rosenfeld Kidson cedar rusticated weatherboards but not above window or door
- Herman Pacific or Rosenfeld Kidson cedar dressed or bandsaw providing it is used unobtrusively and is not a dominant feature of the total exterior cladding
4.3 the following materials and construction shall not be used
- Corrugated or metal wall cladding
- Brick (unplastered)
- cement board, weather boards, and imitation stone
- colour Oamaru stone (other than white) or smaller block sizes
- Coloured Waitaha stone (Silverstone) other than grey or small size rough faced
4.4 stone used for walls should have a structural appearance rather than the veneer look, mixes of cladding materials unrelated to structural expression are to be avoided
4.5 All houses must have some feature of cedar or natural stone, full plaster houses will not be permitted
5.1 ensure the colour of all the exterior surfaces except natural materials and roofs and those listed below shall be neutral earth tones (other than yellow) these may range from muted hues to dark tones
- Herman Pacific or Rosenfield Kidson cedar
- weatherboards will be in colour as provided above or stained in recessive colour
- rusticated weatherboards will be in colours provided above or white
- trims and minor components of the building such as window frames, doors, balustrades and veranda posts may be in the above colours contrasting shades of the above colours or may be white, charcoal or black
6.1 ensure the side and rear boundary fences will be 1.8m high, timber paling fences (apart from Lots 2 – 10 where the rear boundary fence will be metal pool fencing and for Lots 21 and 23 where the fencing or planting on the road boundaries shall be limited to 1.0m in height) which in relation to side fences will extend along the external boundaries to 1 metre back from the road boundary and will be provided by the developer. Front fences shall be set back from the corners of the house and not be flush with the front wall. They may not come out from the front wall of the dwelling, only the sides. Fences or front screens shall not be constructed of corrugated iron/metal sheeting or timber palings (as in thin overlapping board type fencing).
6.2 the recycling/rubbish bins/gas bottles/clothes lines and air-conditioning units should not be placed at any front of the building; they should be screened and not visible from the street
6.3 the fences or screens shall be designed in conjunction with the house and be submitted to the developer for approval
7.1 ensure that in order to minimise disturbances to adjoining owners during construction of the dwelling, owners and/or purchasers will covenant that their builders/sub-contractors/workmen and suppliers will comply with the builder’s responsibilities at Holland Park requirements as follows
- hours of work on the building site are Monday to Friday 7:00am to 5:30pm, Saturday 8:00am till 12:30pm no work is permitted on statutory holidays
- access to the site to be only over dedicated future driveway entrances to the site any damage caused outside this area is immediately to be made good to the satisfaction of Holland Park
- dogs are not permitted on the site or surrounds during construction of the dwelling
- vehicles are only to be parked onsite or on the carriage way immediately in front of the section as near as feasible
- builder’s huts or caravans are not permitted on the site, security sheds or containers are permitted with written consent of Holland Park
- portaloos are only permitted on the site and these shall be located as far out of the view from the street as practical
- the dwelling shall be completed within 12 months from the date of commencement of construction
- all rubbish shall be contained in bins or skips on the site, no rubbish or other material is to be burnt on site
- berms and footpaths: no vehicles are to be parked, and no materials placed and no work performed on the berm or footpath or on adjoining lots
- noise or excessive noise is to be avoided, all care to keep noise levels to a minimum, any radios stereos or anything of a similar nature shall be kept at a low level to minimise being overheard outside of the building site
- signage; only one sign shall be permitted of one size of no larger than 900 x 600mm but this covenant shall exclude the Holland Park sign on lot 28 which shall be maintained in good repair and condition and in its original location by the owner of lot 28, no flags are permitted on the site and no flag poles are to be erected
- bonds; a refundable bond of $2,000.00 will be required to be paid to Holland Park Limited or its Nominee by the owner of the Lot at the time of lodging any dwelling or auxiliary building design for approval. The bond will be returned to the owner upon completion of the building. Deductions will be made to cover any damage to any services/berms/footpaths/roading/curbing/planting or any other facility or structure not owned by the owner, this obligation will be binding on any subsequent purchaser of the property
8.1 not permit allow the accumulation or housing of any rubbish noxious substances, noxious birds or animals which may be likely to cause nuisance or annoyance to the neighbouring occupiers, or permit grass or weeds to grow to such a height as to become unsightly
8.2 not permit or suffer the property to be occupied or used as a residence by the erection of temporary structures or the placing thereon of caravans or other vehicles used for human habitation
8.3 not store any vehicles including boats, trailers, caravans and motor-homes in any structure such as a gazebo, lean-to or carport that is not fully enclosed
8.4 permit any dog or other pet to be kept in or about the property which dog or other pet is likely to cause a nuisance or annoyance to other neighbouring occupiers or detract from the subdivision and in particular without otherwise limiting this restriction, not to keep on or about the property any dog which in whole or part appears to be a Pit Butt Terrier, Rottweiler, Japanese Akita, Japanese Tos, Dogo Argentino or Brazilian Fila. The keeping of pigeons is expressly prohibited
8.5 not to cause noise amounting to nuisance or annoyance to the owner or occupiers of other lots
8.6 not to make any application to any local consent authority having jurisdiction over the lot or take further steps to further subdivide the land
8.7 not to carry out any commercial activity on the lot but this shall not prevent the use of rooms as a home office
9.1 These covenants do not replace the requirements of the local authority building consent rules and regulations. All plans require written approval of the developer prior to commencement of any work.
The decision of the developer on any design approval application is final. No building or structure shall be erected upon any lot until the design of that building or structure has been approved in writing by the developer. Any building or structure that does not have prior written approval shall be removed immediately at the owners cost.
Approval of plans shall be individual to each lot and may not be deemed to be approved for any other lot.
Developer at its sole discretion waive compliance of any aspect of the design guidelines if in the opinion of the developer the granting of such waiver but not be contrary to the intent and spirit of the design guidelines for Holland Park.
The developer may from time to time by notice in writing to owners of all lots vary its procedure of for the submission and approval of the plans and specification’s provided that no such variation may materially alter the rights and obligations arising under this clause.
To acknowledge and agree that the developer should not be liable for any breaches of the covenant here in contained in respect of any lot after it has sold and transferred titles to such lot.
To acknowledge and to agree to comply with all conditions of the consent granted by the local authority when approval was granted to the development.
Not to allow or to cause any breach of non-observance of any of the forgoing covenants where the registered proprietor of any lot has breached the forgoing covenants that registered proprietor will upon written demand being made by the developer or any of the registered properties of the other lots in the developments described as dominant tenements herein
A) pay to the person making such demand the sum of $500.00 per day in total as liquidated damages for every day that such breach or non-observance continues after the date upon written demand has been made and
B) rectify any breach or non-observance of any of the forgoing covenants and/or remove or cause to be removed from the lot any improvements of the land which has been erected or placed on the lot in breach of non-observance of any other of the forgoing covenants.
The forgoing clause is without prejudice to any other remedies available at law to the developer and any other person having the benefit of this covenant or to any other liability which the registered properties may have to the developer or any person having the benefit of this covenant.
10.1 Any issue whatsoever including any tortuous equitable or statutory issues arising out or 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 1 the grantor and the grantee will either agree upon the sole arbitrator or the arbitrator shall be appointed by the President for the time being of the Canterbury Branch of the New Zealand Law Society on the application of either party.
4. Exterior wall materials and colours
5. Colour scheme
7. Builders responsibility