Covenants
Te Aka Business Park is governed by land covenants designed to do one thing: protect the long-term value of every lot. When you buy here, you buy into a standard — and the confidence that your neighbours are held to it too.
Our approach is deliberately rules-based. No design committee, no approval panel, no subjective sign-off between you and your build. The covenants set clear, objective standards — materials, finishes, landscaping, signage — that your architect can design to from day one.
Those standards protect what makes a premium address hold its value: quality frontages, considered landscaping in keeping with the Park's South Island character, controlled signage, and screening that keeps the working parts of a business out of sight from the road. An estate that looks as good in its tenth year as its first.
The covenants are currently in draft and will continue to evolve as Te Aka takes shape, but the foundation expressed here remains: good covenants are a feature, not a constraint. They're the reason a well-run commercial park stays that way.
Every section at Te Aka is accessed by Road A, a private road running the length of the precinct. It is not a council road. A management company will own it, and each lot owner holds a share in that company for as long as they own their section, so the businesses that use the road own it together.
Private ownership also allows for a security gate on Road A, keeping Lots 2 to 11 secure. All of this is subject to Selwyn District Council approval.
Covenants - A framework built to protect your investment.
COVENANTS
1. No Residential Unit
Not to establish, erect, place or use any building or structure on the Lot as a residential unit, and not to do anything on the Lot that would cause subdivision of the Development to become non-complying under SUB-R11.7, and any other district plan rules relevant to the completion of the Development. This covenant is the legal mechanism required under SUB-R11.7 preventing establishment of a residential unit on the Lot, and is essential to the Development's subdivision consent status.
2. Compliance with Resource Consent
All Lots are to comply with the terms of the Resource Consent, and a breach of the Resource Consent shall be a breach of these Covenants.
3. Lots Kept Tidy
Not to allow any rubbish to accumulate or be placed upon the Lot, nor permit any excess growth of grass or weeds so that the Lot becomes unsightly.
4. Keep Materials on Site
Not to allow any excavated material, building materials or contractor's rubbish to be deposited outside the boundary of the Lot.
During the construction of any building the Lot is to be kept tidy and all materials and rubbish kept on site and the site well presented at all times. The Developer will inspect all sites from time to time and may in the Developer's sole discretion determine if a breach of this condition is occurring, and in the event of a breach a fine of $100 per day will apply for each day that the breach continues after notification and will be payable by the Lot owner to the Developer, such fine to be in addition to any penalty for breach of these Covenants.
5. Maintain Road Berms
To keep and maintain in a neat and tidy condition the Lot and any portion of the access way frontage in front of the Lot.
6. Soak Holes Effective
To ensure that all soak holes on the Lot remain operational at all times. The owner of a Lot is responsible for all costs, claims or demands for any remedial action required for any failure to maintain soak holes.
7. Wastewater
It is the responsibility of the Lot owner to install and maintain an on-site wastewater disposal system in accordance with the applicable rules of Environment Canterbury or the Council and any resource consent conditions relating to discharge to ground.
8. Stormwater
To ensure that in any construction, due allowance is made for adequate current and future drainage of all excess stormwater from the Lot. The Lot owner shall be responsible for all costs, claims or demands for any remedial action taken for any failure to so allow.
9. To Repair Damages
To repair, reinstate, replace, or be responsible for all costs arising from damage to the landscape, plantings, roading, kerbs, concrete or other structures in the Development arising from the Lot owner's use of the land directly or indirectly or through the Lot owner's agents, invitees or contractors.
10. Fencing
Fencing on a Lot is optional. A Lot owner may erect fencing on the boundary of their Lot at their own cost and in their sole discretion, provided that no fence on a Lot may be constructed using flat or corrugated metal sheeting.
The parties contract out of the provisions of the Fencing Act 1978 pursuant to section 9 of that Act. No Lot owner, and no Developer while it is the registered owner of any Lot or adjoining land, will be liable to contribute to the cost of erecting, replacing or repairing any dividing or boundary fence between a Lot and any adjoining Lot or land, whether owned by the Developer or another Lot owner, and no Lot owner may call upon any adjoining owner for any such contribution.
11. No Open Fires
Not to dispose of rubbish by open fires on the Lot.
12. No Landfill or Clean Fill
Not to establish or cause or permit to be established a sanitary landfill or clean fill tipping site on the Lot.
13. Vegetation and Landscaping
All planting on the Development should be New Zealand native plants. Eucalyptus (all species), Phormium (all cultivars), and Pinus (all species) and other wilding conifer species including Pseudotsuga menziesii (Douglas fir), Larix decidua (European larch) and Picea (spruce, all species) are not permitted anywhere in the Development.
Statement planting is anticipated at the entrance to the Development, with a more minimalist planting character elsewhere in the Development.
Grasses and tussock (frontage and general planting): Poa cita (silver tussock), Festuca novae-zelandiae (fescue tussock), Carex testacea (orange/bronze sedge), Carex comans (NZ hair sedge), Carex buchananii (Buchanan's sedge), Chionochloa rubra (red tussock, feature/specimen use).
Within the site visibility splay identified in TRAN-DIAGRAM17, located on the Main South Road frontage corner of Lot 1, planting is restricted to species from the Grasses and Tussock category above, and must not exceed 1.1m in height.
14. Developer's Right to Amend
The Developer reserves the right, in its sole discretion, to amend, add to, delete or otherwise vary the form or content of these Covenants at any time prior to the Covenants being registered against the title to a Lot, without the consent of any Covenantor or intending purchaser of a Lot whose title has not yet issued. Once registered against the title to a Lot, these Covenants may only be varied in respect of that Lot in accordance with covenant 18 (Developer Approval to Variation) or with the written consent of the registered owner of that Lot.
15. Remedies if Breached
If there should be any breach or non-observance of any of these Covenants, and without prejudice to any other liability which the Covenantor may have to the Covenantee, the Covenantor will upon written demand being made by the Covenantee or any party having the benefit of these Covenants:
pay to the person making such demand as liquidated damages the sum of $500.00 per day for every day that such breach or non-observance continues beyond seven days after the date upon which written demand has been made; and
remove or cause to be removed from the Lot any structure erected or placed on the land in breach or non-observance of the Covenants.
The Covenantor will also be liable for any costs or expenses incurred by the Covenantee or party taking enforcement action (including solicitor/client costs) in the enforcement action to remedy any breach. The parties also agree that damages may not be an adequate remedy and a breach will entitle the Covenantee to all other legal and equitable remedies available (including but not limited to injunction).
16. Disputes
If any dispute or difference arises out of or in connection with these Covenants ("the Dispute"), either party may by written notice to the other party require that the Dispute be referred to mediation. A mediation notice shall set out the nature of the Dispute but need not detail the background or the parties' position in relation to the same. The parties shall in good faith endeavour to agree upon and appoint a mediator no later than five (5) working days from the date the mediation notice was given. If the parties cannot agree on a mediator within five (5) working days, the President for the time being of the New Zealand Law Society or the President's nominee will appoint a mediator.
If the Dispute is not resolved by written agreement between the parties within twenty (20) working days from the date the mediation notice was given, the Dispute will be referred to and finally resolved by arbitration. The arbitration will be conducted in accordance with the Arbitration Protocol of the Arbitrators' and Mediators' Institute of New Zealand Inc in force at the time the dispute is referred to arbitration. The arbitration will consist of one arbitrator to be agreed upon by the parties. If the parties fail to agree on the identity of the arbitrator within 10 business days from the date upon which the Dispute is referred to arbitration, then the arbitrator will be chosen by the President of the Arbitrators' and Mediators' Institute of New Zealand Inc, upon the application of any party. The place of arbitration will be Christchurch. Pending resolution of any Dispute, the parties shall continue to perform their respective obligations under these Covenants.
17. Time Delayed Restriction on Further Subdivision
For a period of five (5) years from the date of a new record of title issuing for the Lot, not to further subdivide the Lot.
18. Developer Approval to Variation
The parties acknowledge that although each Covenantor will be bound by these Covenants, the Developer may in writing, in the Developer's sole discretion, waive any or all of these Covenants for a particular Covenantor, on such terms and conditions as the Developer considers reasonable in the Developer's sole discretion.