Acacia Park Covenants

These are the normal covenants placed upon Acacia Park properties. Please check the title of the particular property that you are interested in to see the actual covenants, easements and restrictions placed upon it.

Erect or permit to be erected on the Covenanting Lots any building other than in new materials.
Construct any building on the Covenanting Lots with an external cladding (except for the cladding of suffits or gable ends) of unrelieved flat sheet materials.
Leave the outside of any dwelling house unfinished, or any exterior walls or doors unpainted or unstained except where cedar cladding or decorative brick stone are used.
Have placed, erected or installed on the Covenanting Lots hereby sold any dwelling house in respect of which the residential portion thereof (excluding garages, verandas, porches and other accessory buildings and appurtenances) shall have a market value (as at the date of construction) of less than "the minimum value" as herein defined. The "minimum value" shall be deemed to be the sum of $1,000.00 per square metre and that sum shall be adjusted as at the 1st January in each and every year by the rate of inflation of the New Zealand currency from the 1st January 1999 until the 1st January in the year in question and the rate of inflation shall be determined by the Consumers Price Index (all groups) of the New Zealand Government Statistics Department and in the event of there being no such index then the rate of inflation shall be determined in such manner as any Court of competent jurisdiction or arbitrator or other tribunal to which the question is referred by the parties to this covenant shall determine.
Have placed, erected or installed on the Covenanting Lots any residential buildings of which the residential portion. (excluding garages, verandas, porches and other accessory buildings and appurtenances) has an area of less than 120 square metres.
Permit or suffer the Covenanting; Lots to be occupied or used as a residence either by the erection of temporary structures or the placing thereon of caravans and/or vehicles for human habitation.
Use the Covenanting Lots as a residence before a building has been substantially completed in accordance with the terms of this covenant and the requirements of the Whangarei District Council.
Permit or suffer any rubbish or noxious substances likely to cause nuisance or annoyance to the neighbouring occupiers, to accumulate or be placed upon the Covenanting Lots.
Permit or suffer any advertisement, sign or hoarding of a commercial nature to be erected on any part of the Covenanting Lots or building without prior consent in writing of the Transferor.
Permit the dwelling house to be occupied for more than 24 (twenty four) calendar months unless all driveways, paths and fences are completed in permanent materials and all unpaved areas, other than metal driveways, are properly grassed or landscaped.
Erect or permit to be erected on the Covenanting Lots more than one dwelling or townhouse without the prior consent in writing of the Transferor.

If there should be any breach or non-observance of any of the foregoing covenants then without prejudice to any other liability which the Transferee may have to any person having the benefit to this covenant the Transferee will upon written demand being made by the Transferor or any of the registered proprietors of the Benefiting Lots:

(a) pay the person making such demand as liquidated damages the sum of $50.00 (fifty dollars) per day for every day that such breach or non-observance continues after the expiry of a period of 30 (thirty) days from the date upon which written demand has been made.

(b) Remove or cause to be removed from the Covenanting Lots any dwelling house, garage, building, fence or other structures erected or placed on the Covenanting Lots in breach or non-observance of the foregoing covenants.

(c) Replace any building materials used in breach or non-observance of the foregoing covenants.