Hallfield Building and Design Covenants

1.1. These Land Covenants relate to the Hallfield development ("the Development") at 474 Bradleys Road, Ohoka, Waimakariri, Canterbury. They are in addition to other requirements such as the obligations imposed by the Waimakariri District Plan and the resource consent for the Development.

2.1. The Grantor for itself and its successors in title covenants and agrees with the Grantee and it successors in title that the Grantor will at all times observe and perform the covenants contained in this Easement Instrument to the intent that each of the covenants will forever ensure the benefit of and be appurtenant to each and all of the Servient Tenements and Dominant Tenements (together "the Land") and each and all of the registered proprietors of the land but:

2.1.1. the Granter will be liable only for breaches of the covenants contained in this Easement Instrument which occur whilst the Granter is the registered proprietor of the Land or any part of the Land; and

2.1.2. the Developer will not be liable for breaches of the covenants contained in this instrument whilst it is the registered proprietor of the Land or any part of the Land.

2.2. The Grantor will at all times indemnify and keep the Grantee indemnified from all losses, costs, claims, and demands in respect of any breach or non-observance by the Granter of these covenants.

2.3. The Grantee will not call on the Developer to pay for or contribute towards the cost of erection or maintenance of any boundary fence between any property and adjoining property of the Grantee provided that this covenant will not enure for the benefit of any subsequent registered proprietor of any adjoining land.

2.4. The Developer may in the Developer's sole and unfettered discretion, from time to time temporarily or permanently waive one or more of the covenants set out in these Land Covenants in respect of one or more of the Servient Tenements, in which case the waived covenants will not apply to the relevant Servient Tenements to the extent set out in the written waiver. The Developer shall not be obliged to grant any such waiver and need not have regard to whether any waiver has been or will be granted in other cases. Neither the Grantor nor the Grantee has any right, claim or remedy whether against the Developer, the Grantor or the Grantee in respect of any such waiver or decision not to grant such waiver.

3.1. The Grantor covenants not to:

3.1.1. Erect (or permit or suffer to be erected) on the Servient Tenement:

3.1.1.1. any re-locatable, pre-built or kit-set Building, any Building containing second-hand materials (other than second-hand recycled bricks) or any Building that is does not have the appearance (in the reasonable opinion of the Developer) of a building designed by an architect unless approved in writing by the Developer;

3.1.1.2. any Dwelling with a floor area of less than 180m2;

3.1.1.3. any Dwelling with an attached shed or garage that has a floor area (excluding the balance of the Dwelling) that is greater than 100m2; or

3.1.1.4. any Building (other than a single Dwelling) with a floor area of greater than 100m2 ; or

3.1.2. Within 5 years from the date of registration of this Easement Instrument, damage, remove or alter in any way (or permit the same) any boundary fence erected by or on behalf of the Developer between any part of the Land and any adjoining property (including, without limitation, any other part of the Land).

4.1. The Grantor covenants not to:

4.1.1. Oppose or object to any application for a resource consent or building consent of any other approval made by the Developer to the Authority and will on request being made by the Developer sign any documentation required to give effect to the consent or approval; or

4.1.2. Plant any hedge or allow any hedge to grow on or near the boundary of the Servient Tenement higher than 2.5 metres above Ground Level.

5.1. If there shall be any breach or non-observance on the Grantor's part of the Land Covenants contained in this Easement Instrument (and without prejudice to any other liability which the Grantor may have to the Grantee or any other person having the benefit of these Land Covenants) the Grantor will upon written demand being made by the Developer or any of the registered proprietors of the Dominant Tenements(s):

5.1.1. pay to each Grantee (or other person having the benefit of these Land Covenants) making such demand as liquidated damages the sum of $150.00 per day for every day or part day that such breach or non-observance of the Land Covenants contained in this Easement Instrument continues after the date upon which written demand has been made;

5.1.2. remove or cause to be removed any Building, fence or other structure erected or place on the Servient Tenement in breach or non-observance of the foregoing Land Covenants; and

5.1.3. replace any building materials so as to comply with these Land Covenants;

5.1.4. reimburse the Developer whilst the Developer is the registered proprietor of any Dominant Tenement on demand all legal and other costs incurred by it in dealing with the Grantor's breach.

5.2. The Granter and their successors in title and assigns will only be liable for breaches of the Land Covenants which occur while they are registered proprietors of the Servient Tenement.

5.3. The Granter will not have any claim in damages against the Developer on account of any refusal to grant or the grant of any approval under these Land Covenants or for the transferring or assigning of its interest and right to grant or withhold approvals as provided herein if such transferee or assignee fails to observe those obligations.

5.4. Whilst the Developer is the registered proprietor of any Dominant Tenement all breaches or non observance on the Grantor's part of the Land Covenants whether actual or alleged must first be referred to the Developer so that no Grantee other than the Developer can take any action against a Granter in respect of a breach or non-observance of the Land Covenants. In addition to the remedies set out in clause 5.1 the Developer will have complete discretion to deal with the default in such way as it thinks fit and the Granter will not have any claim in damages against the Developer or right to compensation in respect of any action by the Developer in dealing with the default.

6.1. If a dispute arises in relation to this Easement Instrument:

6.1.1. the party initiating the dispute must provide full written particulars of the dispute to the other party;

6.1.2. the parties must promptly meet and in good faith try to resolve the dispute;

6.1.3. subject to clause 6.2 if the dispute is not resolved within ten (10) days of the written particulars being given (or any longer period agreed by the parties) the dispute must be referred to arbitration in accordance with the Arbitration Act 1996 to be conducted by a single arbitrator to be agreed on by the parties or, failing agreement, to be appointed by the President of the Canterbury and Westland Branch of the New Zealand Law Society.

6.2. Notwithstanding clause 6.1.3 if any dispute arises in relation to the Easement Instrument including as to what may constitute a breach or as to matters of interpretation of this Easement Instrument whilst the Developer is the registered proprietor of any Dominant Tenement then the same shall be referred to the Developer for resolution whose decision shall be final.

7.1. The covenants set out in this easement instrument will automatically expire on the sooner of:

7.1.1. 10 years from the date of issue of the separate titles for the Developed Properties; or

7.1.2. in respect from time to time of any part, parts or all of the Dominant Tenement or the Servient Tenement that is to vest as road, reserve or otherwise vest in the Authority or any other local, territorial or Government authority, on the vesting of such part, parts or all of the Servient Tenement. The Granter and the Grantee now consent to all such vesting free of these Land Covenants without the need for any further consent in writing or otherwise whatsoever.

7.2. Pending that expiry, the Granter may not determine this Easement Instrument for breach of any provision in this instrument (whether express or implied) or for any other cause, it being the intention of the parties that the Land Covenants created shall subsist until that expiry unless they become obsolete or are surrendered.

8.1. Unless the context specified or required otherwise, the following words and phrases in these covenants shall have the meanings specified below:
"Authority" means the Waimakariri District Council or any other relevant authority.
"Building" means any building or structure higher than 1.2 metres above Ground Level, including chimneys and satellite dishes, but excluding aerials.
"Developer" means Hallfield Limited or its nominee or any developer who acquires the Development from that person for the purposes of completing the Development.
"Developed Properties" means all of the residential Developed Properties within the Development.
"Developed Property" means any one property comprised on a separate certificate of title in the Development.
"Development" means the Hallfield development in Bradleys Road, Ohoka, Waimakariri, Canterbury.
"Dwelling" means a Building or a group of Buildings designed and occupied as a single self contained household unit, by one or more persons, and includes normal accessory structures including but not limited to garages, garden sheds and glasshouses.
"Ground Level" means the finished ground level of a Developed Property as at the date of deposit of the plan of subdivision which creates that Developed Property.
"Land Covenants" means these covenants.