PROPERTY INFORMATION
MEMORANDUM
792 Aubrey Road, Wanaka
www.bayleys.co.nz
MAT ANDREWS REAL ESTATE LTD, BAYLEYS, LICENSED UNDER THE REA ACT 2008
Disclaimer
This information Memorandum, title or other supplementary property information (the “Information”) has been
prepared by Mat Andrews Real Estate Limited, trading as Bayleys (“Bayleys”) as agent for “the Vendor”. The
Information contains information that is publicly available and/or sourced from third parties and capable of
independent verification. It has been prepared solely to assist interested parties in deciding whether to further
their interest in the Property. Prospective purchasers must not confine themselves to the contents of the
Information but should, in conjunction with their professional advisors, make their own evaluation of the
Property and conduct their own investigation, analysis and verification of the data contained in the
Information and otherwise concerning the Property. Such evaluation should extend to and include whether
there has been a change in the affairs or prospects of the Property since the date of the Information or since
the date as at which any information contained in the Information is expressed to be applicable.
Bayleys and the Vendor have not verified any of the detail contained in the Information and Bayleys and the
Vendor make no representation or warranty as to the accuracy or completeness of the information and
neither Bayleys nor the Vendor accept and/or shall have any liability whatsoever for the accuracy of any part
of the information including any liability for any statements, opinions, information or matters (expressed or
implied) arising out of, contained in or derived from the Information, or any omissions from, or failure to
correct any information, or any other written or oral communications transmitted to any recipient of the
Information in relation to the Property.
www.bayleys.co.nz
MAT ANDREWS REAL ESTATE LTD, BAYLEYS, LICENSED UNDER THE REA ACT 2008
www.bayleys.co.nz
MAT ANDREWS REAL ESTATE LTD, BAYLEYS, LICENSED UNDER THE REA ACT 2008
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation.
Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation.
Introduction
792 Aubrey Road, Wanaka
Bare Land Development Project
A rare opportunity is now a reality offering this unique 39ha (approx) development property on the north side of Wanaka for sale. Recently rezoned “Northlake Special Zone” there is potential for 200 (approx) residential sections. Located only a short distance from the Wanaka CBD and all Wanaka schools the property is located in a desirable area that will attract wide interest once developed further. The land attracts all day sun, with amazing views over the Hikuwai Reserve towards the Clutha River and mountains beyond. With the contour of the land lending itself to create easy level building sites in an desirable area of town. Bayleys have been engaged to bring this property to the market by tender. For expressions of interest contact us today and we will forward you all the relevant site information.
Property Details
Address 792 Aubrey Road, Wanaka
Legal Description Lot 1 / DP 27290 / CT OT19A/448
Land Area 38.97 ha (approx)
Rating Valuation $4,450,000 (7/14)
Rates QLDC $5,081.55 per annum (approx 15/16)
Key Features Bare land development project
38.97ha (approx)
Northlake Special Zone (Residential)
Potential to develop 200 (approx) sections
www.bayleys.co.nz MAT ANDREWS REAL ESTATE LTD, BAYLEYS, LICENSED UNDER THE REA ACT 2008
Tender Sale closing 4pm, Friday 17 June 2016 (no prior offers considered)
at Bayleys Office, 62 Ardmore Street, Wanaka
Location
Location
792 Aubrey Road, Wanaka is just a short drive to
Wanaka CBD and Lake Wanaka. Approximately 50
minutes drive to the Queenstown airport.
www.bayleys.co.nz
MAT ANDREWS REAL ESTATE LTD, BAYLEYS, LICENSED UNDER THE REA ACT 2008
Sale and Purchase Agreement
www.bayleys.co.nz MAT ANDREWS REAL ESTATE LTD, BAYLEYS, LICENSED UNDER THE REA ACT 2008
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation.
Fourth Edition 2012 (4)
GENERAL TERMS OF SALE
3.0 Definitions, time for performance, notices, and interpretation 3.1 Definitions
(1) Unless the context requires a different interpretation, words and phrases not otherwise defined have the same meanings ascribed to those words and phrases in the Goods and Services Tax Act 1985, the Property Law Act 2007, the Resource Management Act 1991 or the Unit Titles Act 2010.
(2) “Agreement” means this document including the Particulars and Conditions of Sale, these General Terms of Sale, any Further Terms of Sale, the Memorandum of Contract, and any schedules and attachments.
(3) “Building Act” means the Building Act 1991 and/or the Building Act 2004.
(4) “Building warrant of fitness” means a building warrant of fitness supplied to a territorial authority under the Building Act.
(5) “Cleared funds” means:
(a) An electronic transfer of funds that has been made strictly in accordance with the requirements set out in the PLS Guidelines; or
(b) A bank cheque, but only in the circumstances permitted by the PLS Guidelines and only if it has been paid strictly in accordance with the requirements set out in the PLS Guidelines.
(6) “Default GST” means any additional GST, penalty (civil or otherwise), interest, or other sum imposed on the vendor (or where the vendor is or was a member of a GST group its representative member) under the GST Act or the Tax Administration Act 1994 by reason of non-payment of any GST payable in respect of the supply made under this agreement but does not include any such sum levied against the vendor (or where the vendor is or was a member of a GST group its representative member) by reason of a default or delay by the vendor after payment of the GST to the vendor by the purchaser.
(7) “Electronic instrument” has the same meaning as ascribed to that term in the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002.
(8) “GST” means Goods and Services Tax arising pursuant to the Goods and Services Tax Act 1985 and “GST Act” means the Goods and Services Tax Act 1985.
(9) “Landonline Workspace” means an electronic workspace facility approved by the Registrar-General of Land pursuant to the provisions of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002.
(10) “LINZ” means Land Information New Zealand.
(11) “Local authority” means a territorial authority or a regional council.
(12) “OIA Consent” means consent to purchase the property under the Overseas Investment Act 2005.
(13) “PLS Guidelines” means the most recent edition, as at the date of this agreement, of the Property Transactions and E-Dealing Practice Guidelines prepared by the Property Law Section of the New Zealand Law Society.
(14) “Property” means the property described in this agreement.
(15) “Purchase price” means the total purchase price stated in this agreement which the purchaser has agreed to pay the vendor for the property and the chattels included in the sale.
(16) “Regional council” means a regional council within the meaning of the Local Government Act 2002.
(17) “Remote settlement” means settlement of the sale and purchase of the property by way of the purchaser’s lawyer paying the moneys due and payable on the settlement date directly into the trust account of the vendor’s lawyer, in consideration of the vendor agreeing to meet the vendor’s obligations under subclause 5.8(2), pursuant to the protocol for remote settlement recommended in the PLS Guidelines.
(18) “Secure web document exchange” means an electronic messaging service enabling messages and electronic documents to be posted by one party to a secure website to be viewed by the other party immediately after posting.
(19) “Settlement date” means the date specified as such in this agreement.
(20) “Settlement statement” means a statement showing the purchase price, plus any GST payable by the purchaser in addition to the purchase price, less any deposit or other payments or allowances to be credited to the purchaser, together with apportionments of all incomings and outgoings apportioned at the settlement date.
(21) “Territorial authority” means a territorial authority within the meaning of the Local Government Act 2002.
(22) “Unit title” means a unit title under the Unit Titles Act 2010.
(23) The terms “principal unit”, “accessory unit”, “owner” “unit plan” and “unit” have the meanings ascribed to those terms in the Unit Titles Act 2010.
(24) The term “rules" includes both body corporate rules under the Unit Titles Act 1972 and body corporate operational rules under the Unit Titles Act 2010.
(25) The terms “building”, “building consent”, “code compliance certificate”, “compliance schedule”, “household unit” and “commercial on-seller” have the meanings ascribed to those terms in the Building Act.
(26) The term “title” includes where appropriate a computer register within the meaning of the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002.
(27) The terms “going concern”, “goods”, “principal place of residence”, “recipient”, “registered person”, “registration number”, “supply” and “taxable activity” have the meanings ascribed to those terms in the GST Act.
(28) The terms “tax information” and “tax statement” have the meanings ascribed to those terms in the Land Transfer Act 1952.
(29) “Working day” means any day of the week other than:
(a) Saturday, Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s Birthday and Labour Day;
(b) if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday;
(c) a day in the period commencing on the 24th day of December in any year and ending on the 5th day of January in the following year, both days inclusive;
(d) the day observed as the anniversary of any province in which the property is situated.
A working day shall be deemed to commence at 9.00 am and to terminate at 5.00 pm.
(30) Unless a contrary intention appears in the Conditions of Sale or elsewhere in this agreement:
(a) the interest rate for late settlement is equivalent to the interest rate charged by the Inland Revenue Department on unpaid tax under the Tax Administration Act 1994 during the period for which the interest rate for late settlement is payable, plus 5% per annum; and
(b) a party is in default if it did not do what it has contracted to do to enable settlement to occur, regardless of the cause of such failure.
3.2 Time for Performance
(1) Where the day nominated for settlement or the fulfilment of a condition is not a working day then the settlement date or the date for fulfilment of the condition shall be the last working day before the day so nominated.
(2) Any act done pursuant to this agreement by a party, including service of notices, after 5.00 pm on a working day, or on a day that is not a working day, shall be deemed to have been done at 9.00 am on the next succeeding working day.
(3) Where two or more acts done pursuant to this agreement, including service of notices, are deemed to have been done at the same time, they shall take effect in the order in which they would have taken effect but for subclause 3.2(2).
3.3 Notices
The following apply to all notices between the parties relevant to this agreement, whether authorised by this agreement or by the general law:
(1) All notices must be served in writing.
(2) Any notice under section 28 of the Property Law Act 2007, where the purchaser is in possession of the property, must be served in accordance with section 353 of that Act.
(3) All other notices, unless otherwise required by the Property Law Act 2007, must be served by one of the following means:
(a) on the party as authorised by sections 354 to 361 of the Property Law Act 2007; or
(b) on the party or on the party’s lawyer:
(i) by personal delivery; or
(ii) by posting by ordinary mail; or
(iii) by facsimile; or
(iv) by email; or
(v) in the case of the party’s lawyer only, by sending by document exchange or, if both parties’ lawyers have agreed to subscribe to the same secure web document exchange for this agreement, by secure web document exchange.
Fourth Edition 2012 (4)
(4) In respect of the means of service specified in subclauses 3.3(3)(b), a notice is deemed to have been served:
(a) in the case of personal delivery, when received by the party or at the lawyer’s office;
(b) in the case of posting by ordinary mail, on the third working day following the date of posting to the address for service notified in writing by the party or to the postal address of the lawyer’s office;
(c) in the case of facsimile transmission, when sent to the facsimile number notified in writing by the party or to the facsimile number of the lawyer’s office;
(d) in the case of email, when acknowledged by the party or by the lawyer orally or by return email or otherwise in writing, except that return emails generated automatically shall not constitute an acknowledgement;
(e) in the case of sending by document exchange, on the second working day following the date of sending to the document exchange number of the lawyer’s office;
(f) in the case of sending by secure web document exchange, at the time when in the ordinary course of operation of that secure web document exchange, a notice posted by one party is accessible for viewing or downloading by the other party.
(5) Any period of notice required to be given under this agreement shall be computed by excluding the day of service.
(6) In accordance with section 20(1) of the Electronic Transactions Act 2002, the parties agree that any notice or document that must be given in writing by one party to the other may be given in electronic form and by means of an electronic communication, subject to the rules regarding service set out above.
3.4 Interpretation
(1) If there is more than one vendor or purchaser, the liability of the vendors or of the purchasers, as the case may be, is joint and several.
(2) Where the purchaser executes this agreement with provision for a nominee, or as agent for an undisclosed or disclosed but unidentified principal, or on behalf of a company to be formed, the purchaser shall at all times remain liable for all obligations on the part of the purchaser.
(3) If any inserted term (including any Further Terms of Sale) conflicts with the General Terms of Sale or the Particulars and Conditions of Sale the inserted term shall prevail.
(4) Headings are for information only and do not form part of this agreement.
(5) References to statutory provisions shall be construed as references to those provisions as they may be amended or re-enacted or as their application is modified by other provisions from time to time.
4.0 Deposit 4.1 The purchaser shall pay the deposit with the submission of the tender.
4.2 If the deposit is not paid with the submission of the tender or if the payment is dishonoured, the vendor may cancel this agreement by serving notice of cancellation on the purchaser.
4.3 The deposit shall be in part payment of the purchase price.
4.4 If this agreement is entered into subject to any condition(s) expressed in this agreement and/or if the property is a unit title, the person to whom the deposit is paid shall hold it as a stakeholder until:
(1) each such condition has been fulfilled or waived; and
(2) if the property is a unit title, a pre-settlement disclosure statement, certified correct by the body corporate, under section 147 of the Unit Titles Act 2010 and an additional disclosure statement under section 148 of the Unit Titles Act 2010 (if requested by the purchaser within the time prescribed in section 148(2)),
have been provided to the purchaser by the vendor within the times prescribed in those sections or otherwise the purchaser has given notice under section 148(2) of the Unit Titles Act 2010 to postpone the settlement date until after the disclosure statements have been provided; or
(3) this agreement is avoided pursuant to subclause 11.4(5) or, if the property is a unit title, the purchaser, having the right to cancel this agreement pursuant to section 151(2) of the Unit Titles Act 2010, has cancelled this agreement pursuant to that section, or has waived the right to cancel by giving notice to the vendor or by completing settlement of the purchase.
5.0 Possession and Settlement Possession
5.1 Unless particulars of a tenancy are included in this agreement the property is sold with vacant possession and the vendor shall so yield the property on the settlement date.
5.2 If the property is sold with vacant possession, then subject to the rights of any tenants of the property, the vendor shall permit the purchaser or any person authorised by the purchaser in writing, upon reasonable notice:
(1) to enter the property on one occasion prior to the settlement date for the purposes of examining the property, chattels and fixtures which are included in the sale; and
(2) to re-enter the property on or before the settlement date to confirm compliance by the vendor with any agreement made by the vendor to carry out any work on the property and the chattels and the fixtures.
5.3 Possession shall be given and taken on the settlement date. Outgoings and incomings in respect of the settlement date are the responsibility of and belong to the vendor.
5.4 On the settlement date, the vendor shall make available to the purchaser keys to all exterior doors that are locked by key, electronic door openers to all doors that are opened electronically and the keys and/or security codes to any alarms. The vendor does not have to make available keys, electronic door openers, and security codes where the property is tenanted and these are held by the tenant.
Settlement
5.5 The vendor shall prepare, at the vendor’s own expense, a settlement statement. The vendor shall tender the settlement statement to the purchaser or the purchaser’s lawyer a reasonable time prior to the settlement date.
5.6 The purchaser’s lawyer shall:
(1) within a reasonable time prior to the settlement date create a Landonline Workspace for the transaction, notify the vendor’s lawyer of the dealing number allocated by LINZ, and prepare in that workspace a transfer instrument in respect of the property; and
(2) prior to settlement:
(a) lodge in that workspace the tax information contained in the transferor’s tax statement; and
(b) certify and sign the transfer instrument.
5.7 The vendor’s lawyer shall:
(1) within a reasonable time prior to the settlement date prepare in that workspace all other electronic instruments required to confer title on the purchaser in terms of the vendor’s obligations under this agreement; and
(2) prior to settlement
(a) lodge in that workspace the tax information contained in the transferor’s tax statement; and
(b) have those instruments and the transfer instrument certified, signed and, where possible, pre-validated.
5.8 On the settlement date:
(1) the balance of the purchase price, interest and other moneys, if any, shall be paid by the purchaser in cleared funds or otherwise satisfied as provided in this agreement (credit being given for any amount payable by the vendor under subclause 5.12 or 5.14).
(2) the vendor’s lawyer shall immediately thereafter:
(a) release or procure the release of the transfer instrument and the other instruments mentioned in subclause 5.7(1) so that the purchaser’s lawyer can then submit them for registration;
(b) pay to the purchaser’s lawyer the LINZ registration fees on all of the instruments mentioned in subclause 5.7(1), unless these fees will be invoiced to the vendor’s lawyer by LINZ directly; and
(c) deliver to the purchaser’s lawyer any other documents that the vendor must provide to the purchaser on settlement in terms of this agreement.
5.9 All obligations under subclause 5.8 are interdependent.
5.10 The parties shall complete settlement by way of remote settlement, provided that where payment by bank cheque is permitted under the PLS Guidelines, payment may be made by the personal delivery of a bank cheque to the vendor’s lawyer’s office, so long as it is accompanied by the undertaking from the purchaser’s lawyer required by those Guidelines.
Last Minute Settlement
5.11 If due to the delay of the purchaser, settlement takes place between 4.00 pm and 5.00 pm on the settlement date (“last minute settlement”), the purchaser shall pay the vendor:
(1) one day’s interest at the interest rate for late settlement on the portion of the purchase price paid in the last minute settlement; and
(2) if the day following the last minute settlement is not a working day, an additional day’s interest (calculated in the same manner) for each day until, but excluding, the next working day.
Fourth Edition 2012 (4)
Purchaser Default: Late Settlement
5.12 If any portion of the purchase price is not paid upon the due date for payment, then, provided that the vendor provides reasonable evidence of the vendor’s ability to perform any obligation the vendor is obliged to perform on that date in consideration for such payment:
(1) the purchaser shall pay to the vendor interest at the interest rate for late settlement on the portion of the purchase price so unpaid for the period from the due date for payment until payment (“the default period”); but nevertheless this stipulation is without prejudice to any of the vendor’s rights or remedies including any right to claim for additional expenses and damages. For the purposes of this subclause, a payment made on a day other than a working day or after the termination of a working day shall be deemed to be made on the next following working day and interest shall be computed accordingly; and
(2) the vendor is not obliged to give the purchaser possession of the property or to pay the purchaser any amount for remaining in possession, unless this agreement relates to a tenanted property, in which case the vendor must elect either to:
(a) account to the purchaser on settlement for incomings in respect of the property which are payable and received during the default period, in which event the purchaser shall be responsible for the outgoings relating to the property during the default period; or
(b) retain such incomings in lieu of receiving interest from the purchaser pursuant to subclause 5.12(1).
5.13 Where subclause 5.12(1) applies and the parties are unable to agree upon any amount claimed by the vendor for additional expenses and damages:
(1) an interim amount shall on settlement be paid to a stakeholder by the purchaser until the amount payable is determined;
(2) the interim amount must be a reasonable sum having regard to all of the circumstances;
(3) if the parties cannot agree on the interim amount, the interim amount shall be determined by an experienced property lawyer appointed by the parties. The appointee’s costs shall be met equally by the parties. If the parties cannot agree on the appointee, the appointment shall be made on the application of either party by the president for the time being of the New Zealand Law Society;
(4) the stakeholder shall lodge the interim amount on interest-bearing call deposit with a bank registered under the Reserve Bank of New Zealand Act 1989 in the joint names of the vendor and the purchaser;
(5) the interest earned on the interim amount net of any withholding tax and any bank or legal administration fees and commission charges shall follow the destination of the interim amount;
(6) the amount determined to be payable shall not be limited by the interim amount; and
(7) if the parties cannot agree on a stakeholder, the interim amount shall be paid to a stakeholder nominated on the application of either party by the president for the time being of the New Zealand Law Society.
Vendor Default: Late Settlement or Failure to Give Possession
5.14 (1) For the purposes of this subclause 5.14:
(a) the default period means:
(i) in subclause 5.14(2), the period from the settlement date until the date when the vendor is able and willing to provide vacant possession and the purchaser takes possession; and
(ii) in subclause 5.14(3), the period from the date the purchaser takes possession until the date when settlement occurs; and
(iii) in subclause 5.14(5), the period from the settlement date until the date when settlement occurs;
(b) the vendor shall be deemed to be unwilling to give possession if the vendor does not offer to give possession.
(2) If this agreement provides for vacant possession but the vendor is unable or unwilling to give vacant possession on the settlement date, then, provided that the purchaser provides reasonable evidence of the purchaser’s ability to perform the purchaser’s obligations under this agreement:
(a) the vendor shall pay the purchaser, at the purchaser’s election, either:
(i) compensation for any reasonable costs incurred for temporary accommodation for persons and storage of chattels during the default period; or
(ii) an amount equivalent to interest at the interest rate for late settlement on the entire purchase price during the default period; and
(b) the purchaser shall pay the vendor an amount equivalent to the interest earned or which would be earned on overnight deposits lodged in the purchaser’s lawyer’s trust bank account on such portion of the purchase price (including any deposit) as is payable under this agreement on or by the settlement date but remains unpaid during the default period less:
(i) any withholding tax; and
(ii) any bank or legal administration fees and commission charges; and
(iii) any interest payable by the purchaser to the purchaser’s lender during the default period in respect of any mortgage or loan taken out by the purchaser in relation to the purchase of the property.
(3) If this agreement provides for vacant possession and the vendor is able and willing to give vacant possession on the settlement date, then, provided the purchaser provides reasonable evidence of the purchaser’s ability to perform the purchaser’s obligations under this agreement, the purchaser may elect to take possession in which case the vendor shall not be liable to pay any interest or other moneys to the purchaser but the purchaser shall pay the vendor the same amount as that specified in subclause 5.14(2)(b) during the default period. A purchaser in possession under this subclause 5.14(3) is a licensee only.
(4) Notwithstanding the provisions of subclause 5.14(3), the purchaser may elect not to take possession when the purchaser is entitled to take it. If the purchaser elects not to take possession, the provisions of subclause 5.14(2) shall apply as though the vendor were unable or unwilling to give vacant possession on the settlement date.
(5) If this agreement provides for the property to be sold tenanted then, provided that the purchaser provides reasonable evidence of the purchaser’s ability to perform the purchaser’s obligations under this agreement, the vendor shall on settlement account to the purchaser for incomings which are payable and received in respect of the property during the default period less the outgoings paid by the vendor during that period. Apart from accounting for such incomings, the vendor shall not be liable to pay any other moneys to the purchaser but the purchaser shall pay the vendor the same amount as that specified in subclause 5.14(2)(b) during the default period.
(6) The provisions of this subclause 5.14 shall be without prejudice to any of the purchaser’s rights or remedies including any right to claim for any additional expenses and damages suffered by the purchaser.
(7) Where the parties are unable to agree upon any amount payable under this subclause 5.14:
(a) an interim amount shall on settlement be paid to a stakeholder by the party against whom it is claimed until the amount payable is determined;
(b) the interim amount shall be the lower of:
(i) the amount claimed; or
(ii) an amount equivalent to interest at the interest rate for late settlement for the relevant default period on such portion of the purchase price (including any deposit) as is payable under this agreement on or by the settlement date.
(c) the stakeholder shall lodge the interim amount on interest-bearing call deposit with a bank registered under the Reserve Bank of New Zealand Act 1989 in the joint names of the vendor and the purchaser;
(d) the interest earned on the interim amount net of any withholding tax and any bank or legal administration fees and commission charges shall follow the destination of the interim amount;
(e) the amount determined to be payable shall not be limited by the interim amount; and
(f) if the parties cannot agree on a stakeholder the interim amount shall be paid to a stakeholder nominated on the application of either party by the president for the time being of the New Zealand Law Society.
Deferment of Settlement and Possession
5.15 If
(1) this is an agreement for the sale by a commercial on-seller of a household unit; and
(2) a code compliance certificate has not been issued by the settlement date in relation to the household unit,
then, unless the parties agree otherwise (in which case the parties shall enter into a written agreement in the form (if any) prescribed by the Building (Forms) Regulations 2004), the settlement date shall be deferred to the fifth working day following the date upon which the vendor has given the purchaser notice that the code compliance certificate has been issued (which notice must be accompanied by a copy of the certificate).
5.16 In every case, if neither party is ready, willing, and able to settle on the settlement date, the settlement date shall be deferred to the third working day following the date upon which one of the parties gives notice it has become ready, willing, and able to settle.
5.17 If
(1) the property is a unit title;
(2) the settlement date is deferred pursuant to either subclause 5.15 or subclause 5.16; and
(3) the vendor considers on reasonable grounds that an extension of time is necessary or desirable in order for the vendor to comply with the warranty by the vendor in subclause 10.2(3),
then the vendor may extend the settlement date:
Fourth Edition 2012 (4)
(4) where there is a deferment of the settlement date pursuant to subclause 5.15, to the tenth working day following the date upon which the vendor gives the purchaser notice that it has become ready, willing and able to settle, provided the vendor gives notice of the extension to the purchaser no later than the second working day after such notice; or
(5) where there is a deferment of the settlement date pursuant to subclause 5.16, to the tenth working day following the date upon which one of the parties gives notice that it has become ready, willing and able to settle, provided the vendor gives notice of the extension to the purchaser no later than the second working day after such notice.
New Title Provision
5.18 (1) Where
(a) the transfer of the property is to be registered against a new title yet to be issued; and
(b) a search copy, as defined in section 172A of the Land Transfer Act 1952, of that title is not obtainable by the tenth working day prior to the settlement date,
then, unless the purchaser elects that settlement shall still take place on the agreed settlement date, the settlement date shall be deferred to the tenth working day following the date on which the vendor has given the purchaser notice that a search copy is obtainable.
(2) Subclause 5.18(1) shall not apply where it is necessary to register the transfer of the property to enable a plan to deposit and title to the property to issue.
6.0 Risk and insurance 6.1 The property and chattels shall remain at the risk of the vendor until possession is given and taken.
6.2 If, prior to the giving and taking of possession, the property is destroyed or damaged, and such destruction or damage has not been made good by the settlement date, then the following provisions shall apply:
(1) if the destruction or damage has been sufficient to render the property untenantable and it is untenantable on the settlement date, the purchaser may:
(a) complete the purchase at the purchase price, less a sum equal to any insurance moneys received or receivable by or on behalf of the vendor in respect of such destruction or damage, provided that no reduction shall be made to the purchase price if the vendor’s insurance company has agreed to reinstate for the benefit of the purchaser to the extent of the vendor’s insurance cover; or
(b) cancel this agreement by serving notice on the vendor in which case the vendor shall return to the purchaser immediately the deposit and any other moneys paid by the purchaser, and neither party shall have any right or claim against the other arising from this agreement or its cancellation.
(2) if the property is not untenantable on the settlement date the purchaser shall complete the purchase at the purchase price less a sum equal to the amount of the diminution in value of the property which, to the extent that the destruction or damage to the property can be made good, shall be deemed to be equivalent to the reasonable cost of reinstatement or repair;
(3) in the case of a property zoned for rural purposes under an operative District Plan, damage to the property shall be deemed to have rendered the property untenantable where the diminution in value exceeds an amount equal to 20% of the purchase price; and
(4) if the amount of the diminution in value is disputed, the parties shall follow the same procedure as that set out in subclause 9.4 for when an amount of compensation is disputed.
6.3 The purchaser shall not be required to take over any insurance policies held by the vendor.
7.0 Title, boundaries and requisitions 7.1 The vendor shall not be bound to point out the boundaries of the property except that on the sale of a vacant residential lot which is not limited as to parcels the
vendor shall ensure that all boundary markers required by the Cadastral Survey Act 2002 and any related rules and regulations to identify the boundaries of the property are present in their correct positions at the settlement date.
7.2 The purchaser is deemed to have accepted the vendor's title to the property and the purchaser may not make any requisitions or objections as to the title.
7.3 Except as provided by section 7 of the Contractual Remedies Act 1979, no error, omission or misdescription of the property or the title shall enable the purchaser to cancel this agreement but compensation, if claimed by notice before settlement in accordance with subclause 9.1 but not otherwise, shall be made or given as the case may require.
7.4 The vendor shall not be liable to pay for or contribute towards the expense of erection or maintenance of any fence between the property and any contiguous land of the vendor but this proviso shall not enure for the benefit of any subsequent purchaser of the contiguous land; and the vendor shall be entitled to require the inclusion of a fencing covenant to this effect in any transfer of the property.
8.0 Vendor’s warranties and undertakings 8.1 The vendor warrants and undertakes that at the date of release of the tender documentation, the vendor has not:
(1) received any notice or demand and has no knowledge of any requisition or outstanding requirement:
(a) from any local or government authority or other statutory body; or
(b) under the Resource Management Act 1991; or
(c) from any tenant of the property; or
(d) from any other party; or
(2) given any consent or waiver,
which directly or indirectly affects the property and which has not been disclosed in writing to the purchaser.
8.2 The vendor warrants and undertakes that at settlement:
(1) The chattels and all plant, equipment, systems or devices which provide any services or amenities to the property, including, without limitation, security, heating, cooling or air-conditioning, are delivered to the purchaser in reasonable working order, but in all other respects in their state of repair as at the date of this agreement (fair wear and tear excepted) but failure so to deliver them shall only create a right of compensation.
(2) All electrical and other installations on the property are free of any charge whatsoever.
(3) There are no arrears of rates, water rates or charges outstanding on the property.
(4) Where an allowance has been made by the vendor in the settlement statement for incomings receivable, the settlement statement correctly records those allowances including, in particular, the dates up to which the allowances have been made.
(5) Where the vendor has done or caused or permitted to be done on the property any works:
(a) any permit, resource consent or building consent required by law was obtained;
(b) to the vendor’s knowledge, the works were completed in compliance with those permits or consents;
(c) where appropriate, a code compliance certificate was issued for those works.
(6) Where under the Building Act, any building on the property sold requires a compliance schedule:
(a) the vendor has fully complied with any requirements specified in any compliance schedule issued by a territorial authority under the Building Act in respect of the building;
(b) the building has a current building warrant of fitness; and
(c) the vendor is not aware of any reason, that the vendor has not disclosed in writing to the purchaser, which would prevent a building warrant of fitness from being supplied to the territorial authority when the building warrant of fitness is next due.
(7) Since the date of this agreement, the vendor has not given any consent or waiver which directly or indirectly affects the property.
(8) Any notice or demand received by the vendor, which directly or indirectly affects the property, after the date of this agreement:
(a) from any local or government authority or other statutory body; or
(b) under the Resource Management Act 1991; or
(c) from any tenant of the property; or
(d) from any other party,
has been delivered forthwith by the vendor to either the purchaser or the purchaser’s lawyer, unless the vendor has paid or complied with such notice or demand. If the vendor fails to so deliver or pay the notice or demand, the vendor shall be liable for any penalty incurred.
(9) Any chattels included in the sale are the unencumbered property of the vendor.
Fourth Edition 2012 (4)
8.3 If the property is or includes part only of a building, the warranty and undertaking in subclause 8.2(6) does not apply. Instead the vendor warrants and undertakes at the date of this agreement that, where under the Building Act the building of which the property forms part requires a compliance schedule: (1) to the vendor’s knowledge, there has been full compliance with any requirements specified in any compliance schedule issued by a territorial authority
under the Building Act in respect of the building; (2) the building has a current building warrant of fitness; and (3) the vendor is not aware of any reason, that the vendor has not disclosed in writing to the purchaser, which would prevent a building warrant of fitness
from being supplied to the territorial authority when the building warrant of fitness is next due. 8.4 The vendor warrants and undertakes that on or immediately after settlement:
(1) If the water and wastewater charges are determined by meter, the vendor will have the water meter read and will pay the amount of the charge payable pursuant to that reading; but if the water supplier will not make special readings the water and wastewater charges shall be apportioned.
(2) Any outgoings included in the settlement statement are paid in accordance with the settlement statement and, where applicable, to the dates shown in the settlement statement, or will be so paid immediately after settlement.
(3) The vendor will give notice of sale in accordance with the Local Government (Rating) Act 2002 to the territorial authority and regional council in whose district the land is situated and will also give notice of the sale to every other authority that makes and levies rates or charges on the land and to the supplier of water.
(4) Where the property is a unit title, the vendor will notify the body corporate in writing of the transfer of the property and the name and address of the purchaser.
8.5 If the purchaser has not validly cancelled this agreement, the breach of any warranty or undertaking contained in this agreement does not defer the obligation to settle but that obligation shall be subject to the rights of the purchaser at law or in equity, including any rights under subclause 7.3 and any right of equitable set-off.
9.0 Claims for compensation 9.1 If the purchaser claims a right to compensation either under subclause 7.3 or for an equitable set-off:
(1) the purchaser must serve notice of the claim on the vendor on or before the last working day prior to settlement; and (2) the notice must:
(a) in the case of a claim for compensation under subclause 7.3, state the particular error, omission or misdescription of the property or title in respect of which compensation is claimed;
(b) in the case of a claim to an equitable set-off, state the particular matters in respect of which compensation is claimed; (c) comprise a genuine pre-estimate of the loss suffered by the purchaser; and (d) be particularised and quantified to the extent reasonably possible as at the date of the notice.
9.2 For the purposes of subclause 9.1(1), “settlement” means the date for settlement fixed by this agreement unless, by reason of the conduct or omission of the vendor, the purchaser is unable to give notice by that date, in which case notice may be given on or before the last working day prior to the date for settlement fixed by a valid settlement notice served by either party pursuant to subclause 12.1.
9.3 If the amount of compensation is agreed, it shall be deducted on settlement. 9.4 If the amount of compensation is disputed:
(1) an interim amount shall be deducted on settlement and paid by the purchaser to a stakeholder until the amount of the compensation is determined; (2) the interim amount must be a reasonable sum having regard to all of the circumstances; (3) if the parties cannot agree on the interim amount, the interim amount shall be determined by an experienced property lawyer appointed by the parties.
The appointee’s costs shall be met equally by the parties. If the parties cannot agree on the appointee, the appointment shall be made on the application of either party by the president for the time being of the New Zealand Law Society;
(4) the stakeholder shall lodge the interim amount on interest-bearing call deposit with a bank registered under the Reserve Bank of New Zealand Act 1989 in the joint names of the vendor and the purchaser;
(5) the interest earned on the interim amount net of any withholding tax and any bank or legal administration fees and commission charges shall follow the destination of the interim amount;
(6) the amount of compensation determined to be payable shall not be limited by the interim amount; and (7) if the parties cannot agree on a stakeholder, the interim amount shall be paid to a stakeholder nominated on the application of either party by the
president for the time being of the New Zealand Law Society. 9.5 The procedures prescribed in subclauses 9.1 to 9.4 shall not prevent either party taking proceedings for the specific performance of the contract.
10.0 Unit title provisions Unit Titles 10.1 If the property is a unit title, sections 144 to 153 of the Unit Titles Act 2010 (“the Act”) require the vendor to provide to the purchaser a pre-contract disclosure
statement, a pre-settlement disclosure statement and, if so requested by the purchaser, an additional disclosure statement. 10.2 If the property is a unit title, the vendor warrants and undertakes as follows:
(1) The information in the pre-contract disclosure statement provided to the purchaser was complete and correct. (2) Apart from regular periodic contributions, no contributions have been levied or proposed by the body corporate that have not been disclosed in writing to
the purchaser. (3) Not less than five working days before the settlement date the vendor will provide:
(a) a certificate of insurance for all insurances effected by the body corporate under the provisions of section 135 of the Act; and (b) a pre-settlement disclosure statement from the vendor, certified correct by the body corporate, under section 147 of the Act. Any periodic
contributions to the operating account shown in that pre-settlement disclosure statement shall be apportioned. There shall be no apportionment of contributions to any long-term maintenance fund, contingency fund or capital improvement fund.
(4) There are no other amounts owing by the owner under any provisions of the Act or the Unit Titles Act 1972. (5) There are no unsatisfied judgments against the body corporate and no proceedings have been instituted against or by the body corporate. (6) No order or declaration has been made by any Court against the body corporate or the owner under any provision of the Act or the Unit Titles Act 1972. (7) The vendor has no knowledge or notice of any fact which might give rise to or indicate the possibility of:
(a) the owner or the purchaser incurring any other liability under any provision of the Act or the Unit Titles Act 1972; or (b) any proceedings being instituted by or against the body corporate; or (c) any order or declaration being sought against the body corporate or the owner under any provision of the Act or the Unit Titles Act 1972.
(8) The vendor is not aware of proposals to pass any body corporate resolution relating to its rules nor are there any unregistered changes to the body corporate rules which have not been disclosed in writing to the purchaser.
(9) No lease, licence, easement or special privilege has been granted by the body corporate in respect of any part of the common property which has not been disclosed in writing to the purchaser.
(10) No resolution has been passed and no application has been made and the vendor has no knowledge of any proposal for: (a) the transfer of the whole or any part of the common property; (b) the addition of any land to the common property; (c) the cancellation of the unit plan; or (d) the deposit of an amendment to the unit plan, a redevelopment plan or a new unit plan in substitution for the existing unit plan which has not been disclosed in writing to the purchaser.
(11) As at settlement, all contributions and other moneys payable by the vendor to the body corporate have been paid in full. 10.3 If the property is a unit title, in addition to the purchaser's rights under sections 149 and 150 of the Act, and if the vendor does not provide the certificates of
insurance and the pre-settlement disclosure statement under section 147 in accordance with the requirements of subclause 10.2(3), the purchaser may: (1) postpone the settlement date until the fifth working day following the date on which that information is provided to the purchaser; or (2) elect that settlement shall still take place on the settlement date.
10.4 If the property is a unit title, specify that: (1) the facsimile number of the office of that party’s lawyer shall be an address for service for that party for the purposes of section 205(1)(d) of the Act; and (2) if that party is absent from New Zealand, that party’s lawyer shall be that party’s agent in New Zealand for the purposes of section 205(2) of the Act.
10.5 If the property is a unit title, any costs owing by the purchaser to the vendor pursuant to section 148(5) of the Act for providing an additional disclosure statement shall be included in the moneys payable by the purchaser on settlement pursuant to subclause 5.8(1). Such costs may be deducted from the deposit if the purchaser becomes entitled to a refund of the deposit upon cancellation or avoidance of this agreement.
Fourth Edition 2012 (4)
11.0 Conditions Particular conditions
11.1 If this agreement relates to a transaction to which the Land Act 1948 applies, this agreement is subject to the vendor obtaining the necessary consent by the Land Act date.
11.2 If the Land Act date is not shown in the Conditions of Sale that date shall be the possession date or a date two months from the date of this agreement whichever is the sooner.
11.3 If this agreement relates to a transaction to which section 225 of the Resource Management Act 1991 applies then this agreement is subject to the appropriate condition(s) imposed by that section.
Operation of conditions
11.4 If this agreement is expressed to be subject either to the above or to any other condition(s), then in relation to each such condition the following shall apply unless otherwise expressly provided:
(1) The condition shall be a condition subsequent.
(2) The party or parties for whose benefit the condition has been included shall do all things which may reasonably be necessary to enable the condition to be fulfilled by the date for fulfilment.
(3) Time for fulfilment of any condition and any extended time for fulfilment to a fixed date shall be of the essence.
(4) The condition shall be deemed to be not fulfilled until notice of fulfilment has been served by one party on the other party.
(5) If the condition is not fulfilled by the date for fulfilment, either party may at any time before the condition is fulfilled or waived avoid this agreement by giving notice to the other. Upon avoidance of this agreement, the purchaser shall be entitled to the immediate return of the deposit and any other moneys paid by the purchaser under this agreement and neither party shall have any right or claim against the other arising from this agreement or its termination.
(6) At any time before this agreement is avoided, the purchaser may waive any finance condition and either party may waive any condition which is for the sole benefit of that party. Any waiver must be by notice.
12.0 Notice to complete and remedies on default 12.1 (1) If the sale is not settled on the settlement date, either party may at any time thereafter serve on the other party a settlement notice. The settlement notice
shall be effective only if the party serving it is at the time of service either in all material respects ready able and willing to proceed to settle in accordance with this agreement or is not so ready, able, and willing to settle only by reason of the default or omission of the other party.
(2) If the purchaser is in possession, the vendor’s right to cancel this agreement will be subject to sections 28 to 36 of the Property Law Act 2007 and the settlement notice may incorporate or be given with a notice under section 28 of that Act complying with section 29 of that Act.
12.2 Subject to subclause 12.1(3), upon service of the settlement notice the party on whom the notice is served shall settle:
(1) on or before the twelfth working day after the date of service of the notice; or
(2) on the first working day after the 13th day of January if the period of twelve working days expires during the period commencing on the 6th day of January and ending on the 13th day of January, both days inclusive,
time being of the essence, but without prejudice to any intermediate right of cancellation by either party.
12.3 (1) If this agreement provides for the payment of the purchase price by instalments and the purchaser fails duly and punctually to pay any instalment on or within one month from the date on which it fell due for payment then, whether or not the purchaser is in possession, the vendor may immediately give notice to the purchaser calling up the unpaid balance of the purchase price, which shall upon service of the notice fall immediately due and payable.
(2) The date of service of the notice under this subclause shall be deemed the settlement date for the purposes of subclause 12.1.
(3) The vendor may give a settlement notice with a notice under this subclause.
(4) For the purpose of this subclause a deposit is not an instalment.
12.4 If the purchaser does not comply with the terms of the settlement notice served by the vendor then, subject to subclause 12.1(3):
(1) Without prejudice to any other rights or remedies available to the vendor at law or in equity, the vendor may:
(a) sue the purchaser for specific performance; or
(b) cancel this agreement by notice and pursue either or both of the following remedies namely:
(i) forfeit and retain for the vendor’s own benefit the deposit paid by the purchaser, but not exceeding in all 10% of the purchase price; and/or
(ii) sue the purchaser for damages.
(2) Where the vendor is entitled to cancel this agreement, the entry by the vendor into a conditional or unconditional agreement for the resale of the property or any part thereof shall take effect as a cancellation of this agreement by the vendor if this agreement has not previously been cancelled and such resale shall be deemed to have occurred after cancellation.
(3) The damages claimable by the vendor under subclause 12.4 (1)(b)(ii) shall include all damages claimable at common law or in equity and shall also include (but shall not be limited to) any loss incurred by the vendor on any bona fide resale contracted within one year from the date by which the purchaser should have settled in compliance with the settlement notice. The amount of that loss may include:
(a) interest on the unpaid portion of the purchase price at the interest rate for late settlement from the settlement date to the settlement of such resale; and
(b) all costs and expenses reasonably incurred in any resale or attempted resale; and
(c) all outgoings (other than interest) on or maintenance expenses in respect of the property from the settlement date to the settlement of such resale.
(4) Any surplus money arising from a resale as aforesaid shall be retained by the vendor.
12.5 If the vendor does not comply with the terms of a settlement notice served by the purchaser, then, without prejudice to any other rights or remedies available to the purchaser at law or in equity the purchaser may:
(1) sue the vendor for specific performance; or
(2) cancel this agreement by notice and require the vendor forthwith to repay to the purchaser any deposit and any other money paid on account of the purchase price and interest on such sum(s) at the interest rate for late settlement from the date or dates of payment by the purchaser until repayment.
12.6 The party serving a settlement notice may extend the term of the notice for one or more specifically stated periods of time and thereupon the term of the settlement notice shall be deemed to expire on the last day of the extended period or periods and it shall operate as though this clause stipulated the extended period(s) of notice in lieu of the period otherwise applicable; and time shall be of the essence accordingly. An extension may be given either before or after the expiry of the period of the notice.
12.7 Nothing in this clause shall preclude a party from suing for specific performance without giving a settlement notice.
12.8 A party who serves a settlement notice under this clause shall not be in breach of an essential term by reason only of that party’s failure to be ready and able to settle upon the expiry of that notice.
13.0 Non-merger 13.1 The obligations and warranties of the parties in this agreement shall not merge with:
(1) the giving and taking of possession;
(2) settlement;
(3) the transfer of title to the property;
(4) delivery of the chattels (if any); or
(5) registration of the transfer of title to the property.
14.0 Agent 14.1 If the name of a licensed real estate agent is recorded on this agreement it is acknowledged that the sale evidenced by this agreement has been made through
that agent whom the vendor appoints as the vendor’s agent to effect the sale. The vendor shall pay the agent’s charges including GST for effecting such sale.
14.2 The agent may provide statistical data relating to the sale to the Real Estate Institute of New Zealand Incorporated.
Fourth Edition 2012 (4)
15.0 Goods and Services Tax 15.1 If this agreement provides for the purchaser to pay (in addition to the purchase price stated without GST) any GST which is payable in respect of the supply
made under this agreement then:
(1) the purchaser shall pay to the vendor the GST which is so payable in one sum on the GST date;
(2) where the GST date has not been inserted in the Conditions of Sale the GST date shall be the settlement date;
(3) where any GST is not so paid to the vendor the purchaser shall pay to the vendor:
(a) interest at the interest rate for late settlement on the amount of GST unpaid from the GST date until payment; and
(b) any default GST.
(4) it shall not be a defence to a claim against the purchaser for payment to the vendor of any default GST that the vendor has failed to mitigate the vendor’s damages by paying an amount of GST when it fell due under the GST Act; and
(5) any sum referred to in this clause is included in the moneys payable by the purchaser on settlement pursuant to subclause 5.8(1).
15.2 If the supply under this agreement is a taxable supply the vendor will deliver a tax invoice to the purchaser on or before the GST date or such earlier date as the purchaser is entitled to delivery of an invoice under the GST Act.
15.3 The vendor warrants that any dwelling and curtilage or part thereof supplied on sale of the property are not a supply to which section 5(16) of the GST Act applies.
15.4 (1) Without prejudice to the vendor’s rights and remedies under subclause 15.1, where any GST is not paid to the vendor on or within one month of the GST date, then whether or not the purchaser is in possession, the vendor may immediately give notice to the purchaser calling up any unpaid balance of the purchase price, which shall upon service of the notice fall immediately due and payable.
(2) The date of service of the notice under this subclause shall be deemed the settlement date for the purposes of subclause 12.1.
(3) The vendor may give a settlement notice under subclause 12.1 with a notice under this subclause.
16.0 Zero-rating 16.1 The vendor warrants that the statement on the front page regarding the vendor's GST registration status in respect of the supply under this agreement is correct
at the date of this agreement.
16.2 The purchaser warrants that any particulars stated by the purchaser in Schedule 1 are correct at the date of this agreement.
16.3 Where the particulars stated on the front page and in Schedule 1 indicate that: (1) the vendor is and/or will be at settlement a registered person in respect of the supply under this agreement; (2) the recipient is and/or will be at settlement a registered person; (3) the recipient intends at settlement to use the property for making taxable supplies; and (4) the recipient does not intend at settlement to use the property as a principal place of residence by the recipient or a person associated with the recipient
under section 2A(1)(c) of the GST Act,
GST will be chargeable on the supply under this agreement at 0% pursuant to section 11(1)(mb) of the GST Act.
16.4 If GST is chargeable on the supply under this agreement at 0% pursuant to section 11(1)(mb) of the GST Act, then on or before settlement the purchaser will provide the vendor with the recipient's name, address and registration number if any of those details are not included in Schedule 1 or they have altered.
16.5 If any of the particulars stated by the purchaser in Schedule 1 should alter between the date of this agreement and settlement, the purchaser shall notify the vendor of the altered particulars and of any other relevant particulars in Schedule 1 which may not have been completed by the purchaser as soon as practicable and in any event no later than two working days before settlement. The purchaser warrants that any altered or added particulars will be correct as at the date of the purchaser's notification. If the GST treatment of the supply under this agreement should be altered as a result of the altered or added particulars, the vendor shall prepare and deliver to the purchaser or the purchaser's lawyer an amended settlement statement if the vendor has already tendered a settlement statement, and a credit note or a debit note, as the case may be, if the vendor has already issued a tax invoice.
16.6 If (1) the particulars in Schedule 1 state that part of the property is being used as a principal place of residence at the date of this agreement; and (2) that part is still being so used at the time of the supply under this agreement, the supply of that part will be a separate supply in accordance with section 5(15)(a) of the GST Act.
16.7 If (1) the particulars stated in Schedule 1 indicate that the recipient intends to use part of the property as a principal place of residence by the recipient or a
person associated with the recipient under section 2A(1)(c) of the GST Act; and (2) that part is the same part as that being used as a principal place of residence at the time of the supply under this agreement, then the references in subclauses 14.3 and 14.4 to “the property” shall be deemed to mean the remainder of the property excluding that part and the references to “the supply under this agreement” shall be deemed to mean the supply under this agreement of that remainder.
17.0 Supply of a Going Concern 17.1 If there is a supply under this agreement to which section 11(1)(mb) of the GST Act does not apply but which comprises the supply of a taxable activity that is a
going concern at the time of the supply, then unless otherwise expressly stated herein:
(1) each party warrants that it is a registered person or will be so by the date of the supply;
(2) each party agrees to provide the other party by the date of the supply with proof of its registration for GST purposes;
(3) the parties agree that they intend that the supply is of a taxable activity that is capable of being carried on as a going concern by the purchaser; and
(4) the parties agree that the supply made pursuant to this agreement is the supply of a going concern on which GST is chargeable at 0%.
17.2 If it subsequently transpires that GST is payable in respect of the supply and if this agreement provides for the purchaser to pay (in addition to the purchase price without GST) any GST which is payable in respect of the supply made under this agreement, then the provisions of clause 15.0 of this agreement shall apply.
18.0 Limitation of Liability 18.1 If any person enters into this agreement as trustee of a trust, then:
(1) That person warrants that:
(a) the person has power to enter into this agreement under the terms of the trust;
(b) the person has properly signed this agreement in accordance with the terms of the trust;
(c) the person has the right to be indemnified from the assets of the trust and that right has not been lost or impaired by any action of that person including entry into this agreement; and
(d) all of the persons who are trustees of the trust have approved entry into this agreement.
(2) If that person has no right to or interest in any assets of the trust except in that person’s capacity as a trustee of the trust, that person’s liability under this
agreement will not be personal and unlimited but will be limited to the actual amount recoverable from the assets of the trust from time to time (“the limited amount”). If the right of that person to be indemnified from the trust assets has been lost or impaired, that person’s liability will become personal but limited to the extent of that part of the limited amount which cannot be recovered from any other person.
19.0 OIA Consent Not Required 19.1 The purchaser warrants that the purchaser does not require OIA consent.
20.0 Counterparts 20.1 This agreement may be executed in two or more counterparts, all of which will together be deemed to constitute one and the same agreement. A party may
enter into this agreement by signing a counterpart copy and sending it to the other party, including by facsimile or email.
Fourth Edition 2012 (4)
FURTHER TERMS OF SALE
21.0 Purchaser to accept Covenants
21.1 The Purchaser acknowledges that the Property is the subject of Plan Change 45 and that the Purchaser enters into thisAgreement in reliance upon its own judgment and not upon any direct or indirect representation verbal or otherwise made on thepart of the Vendor or its agents particularly but not limited to the effect of Plan Change 45 or the relevant provisions of theQueenstown Lakes District Council district plan or as to the accuracy of the plan attached as schedule B in the NorthlakeCommunity Housing Stakeholders Deed, referred to in clause 21.2 herein, but which information is available within the provisionsof the Queenstown Lakes District Council district plan pertaining to Scheme Change 45.
21.2 As a consequence of Plan Change 45, the Vendor has entered into certain Deeds, Covenants and Agreements with otherparties also involved in Plan Change 45. The following binding Deed and Agreement are attached to this Agreement.
(a) Northlake Community Housing Stakeholders Deed;
(b) Storm Water Easement Agreement.
(“the Arrangements”)
21.3 The Purchaser acknowledges and accepts the existence and contents of the Arrangements.
21.4 The Purchaser further acknowledges the provisions of clause 21 and 22 of the Northlake Community Housing StakeholdersDeed (“the Deed”) and whereby the provisions, intentions and expectations of clause 21(b) and clause 22 of such Deed shall bedeemed to form part of this Agreement unless, at the relevant time, an Instrument as defined in clause 22 of such Deed has beenregistered against the Property.
21.5 In relation to the Stormwater Easement Agreement the Purchaser accepts in particular the provisions of clause 13 of suchAgreement which clause and the provisions and intentions thereof shall apply and be deemed to form part of this Agreement.
21.6 The Vendor confirms that the conditions contained in clause 12 of the Deed have been satisfied and fulfilled.
21.7 The Purchaser agrees and shall do all things and sign all documents, deeds and covenants as necessary to give effect to theexpressed and implied provisions of this clause and the intention and expectations of the Arrangements.
21.8 The Purchaser hereby indemnifies the Vendor jointly and severally from and against all actions, claims, demands or liabilitiesof whatever nature that the Vendor may from time to time suffer or incur as a consequence of any default on the part of thePurchaser and/or as may arise as a consequence of the Arrangements.
This indemnity may be included in any Covenants aforesaid to be registered over the Property.
Fourth Edition 2012 (4)
SCHEDULE 1
(GST Information see clause 16.0)This Schedule must be completed if the vendor has stated on the front page that the vendor is registered under the GST Act in respect of the transaction
evidenced by this agreement and/or will be so registered at settlement. Otherwise there is no need to complete it.
Section 1
1. The Vendor's registration number (if already registered):
2. Part of the property is being used as a principal place of residence at the date of this agreement.
That part is:
(e.g. "the main farmhouse" or "the apartment above the shop")
Yes/No
3. The purchaser is registered under the GST Act and/or will be so registered at settlement. Yes/No
4. The purchaser intends at settlement to use the property for making taxable supplies. Yes/No
If the answer to either or both of question 3 and 4 is "No", go to question 7
5. The purchaser's details are as follows:
(a) Full name:
(b) Address:
(c) Registration number (if already registered):
6. The purchaser intends at settlement to use the property as a principal place of residence by the purchaser or a person
associated with the purchaser under section 2A(1)(c) of the GST Act (connected by blood relationship, marriage, civil
union,
de facto relationship or adoption).
Yes/No
OR
The purchaser intends at settlement to use part of the property as a principal place of residence by the purchaser or a
person associated with the purchaser under section 2A(1)(c) of the GST Act.
That part is:
(e.g. "the main farmhouse" or "the apartment above the shop")
Yes/No
7. The purchaser intends to direct the vendor to transfer title to the property to another party ("nominee") Yes/No
If the answer to question 7 is "Yes", then please continue. Otherwise, there is no need to complete this Schedule any further.
Section 2
8. The nominee is registered under the GST Act and/or is expected by the purchaser to be so registered at settlement. Yes/No
9. The purchaser expects the nominee at settlement to use the property for making taxable supplies. Yes/No
If the answer to either or both of questions 8 and 9 is "No", there is no need to complete this Schedule any further.
10. The nominee's details (if known to the purchaser) are as follows:
(a) Full name:
(b) Address:
(c) Registration number (if already registered):
11. The purchaser expects the nominee to intend at settlement to use the property as a principal place of residence
by the nominee or a person associated with the nominee under section 2A(1)(c) of the GST Act
(connected by blood relationship, marriage, civil union, de facto relationship or adoption).
Yes/No
OR
The purchaser expects the nominee to intend at settlement to use part of the property as a principal place of residence
by the purchaser or a person associated with the purchaser under section 2A(1)(c) of the GST Act.
That part is:
(e.g. "the main farmhouse" or "the apartment above the shop").
Yes/No
Fourth Edition 2012 (4)
MEMORANDUM OF CONTRACT
WARNING (This warning does not form part of this agreement )This is a binding contract. Read the information set out on the back page before signing.
AcknowledgementsWhere this agreement relates to the sale of a residential property and this agreement was provided to the parties by a licensed realestate agent, or by a licensee on behalf of the agent, the parties acknowledge that they have been given the guide about the sale ofresidential property approved by the Real Estate Agents Authority.
Where this agreement relates to the sale of a unit title property, the purchaser acknowledge that the purchaser has been providedwith a pre-contract disclosure statement under section 146 of the Unit Titles Act 2010.
OFFER BY TENDERER TO PURCHASE
PURCHASER'S NAME:and/or nominee ("the purchaser")
offers by tender to purchase the property and the chattels included in the sale on the Particulars and Conditions of Sale, General Terms ofSale and Further Terms of Sale (if any) set out above for a purchase price of:
$
[Purchase price] Plus GST (if any) OR Inclusive of GST (if any).
If neither is deleted the purchase price includes GST (if any).
[The tender offer must state the purchase price as an exact dollar amount and without reference to any calculation or variation or to thepurchase price stated in any other tender]
Signature of purchaser(s):
ACCEPTANCE OF TENDER
The vendor accepts the offer by tender of the purchaser.
Signature of vendor(s):
Date:
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
Fourth Edition 2012 (4)
BEFORE SIGNING A TENDER
It is recommended you seek professional advice before signing and
lodging this tender. This is especially so if:
there are any doubts. On acceptance this will be a binding contract with
only restricted rights of termination.
Property such as a hotel or a farm is being sold. The agreement is
designed primarily for the sale of residential and commercial property.
the property is vacant land in the process of being subdivided or there
is a new unit title or cross lease to be issued. In these cases additional
clauses may need to be inserted
there is any doubt as to the position of the boundaries.
you wish to check the weathertightness and soundness of construction
of any dwellings or other buildings on the land.
You should investigate the status of the property under the local Council’s
District Plan. The property and those around it may be affected by zoning
and other planning provisions regulating their use and future development.
You should investigate whether necessary permits, consents and code
compliance certificates have been obtained from the Council where
building works have been carried out. This investigation can be assisted by
obtaining a Land Information Memorandum (LIM) from the Council.
You should check the title to the property because there is no right of
objection or requisition.
You should compare the title plans against the physical location of existing
structures where the property is a unit title or cross lease. Structures or
alterations to structures not shown on the plans may result in the title being
defective.
In the case of a unit title, before you enter into the agreement:
the vendor must provide you with a pre-contract disclosure statement
under section 146 of the Unit Titles Act 2010;
you should check the minutes of the past meetings of the body
corporate, enquire whether there are any issues affecting the units
and/or the common property, check the body corporate's long term
maintenance plan and enquire whether the body corporate has
imposed or proposed levies for a long term maintenance fund or any
other fund for the maintenance of, or remedial or other work to, the
common property.
Both parties should ensure the chattels list on the front page is accurate.
You should ensure that you understand the GST position, and whether or
not GST is payable in addition to the price at which you are offering.
Both parties should seek professional advice regarding the GST treatment
of the transaction. This depends upon the GST information supplied by the
parties and could change before settlement if that information changes.
You should read the Conduct of Tender in clause 2.
THE ABOVE NOTES ARE NOT PART OF THIS AGREEMENT AND ARE NOT
A COMPLETE LIST OF MATTERS WHICH ARE IMPORTANT IN
CONSIDERING THE LEGAL CONSEQUENCES OF THIS AGREEMENT
PROFESSIONAL ADVICE SHOULD BE SOUGHT REGARDING THE EFFECT
AND CONSEQUENCES OF ANY AGREEMENT ENTERED INTO BETWEEN
THE PARTIES.
YOU SHOULD KEEP A COPY OF THIS FORM WHEN LODGING YOUR
TENDER.
PARTICULARS AND CONDITIONS OF SALE OF
REAL ESTATE BY TENDER© This form is copyright to the Real Estate Institute of New Zealand Incorporated and Auckland District Law
Society Incorporated
Address Of Property:792 Aubrey Road, Wanaka
Closing Date & Time:4pm, Friday 20th May 2016
Delivery Address for Tenders:Bayleys Office, 62 Ardmore Street, Wanaka
VENDOR:Ann-Louise Stokes and Russell Warren Ibbotson
as to a 3/4 share. Shaun Quintin Gilbertson and
GCA Legal Trustee 2010 Limited as to a 1/4 share.
Contact Details:
VENDOR'S LAWYERS:
Firm: Berry & Co
Individual Acting: Revell Buckham
Contact Details: 2nd Floor, Chester Building, , Cnr Camp &
Shotover Street, Queenstown,
Phone: 03 441 0302
Fax: 03 441 0307
Email: [email protected]
PURCHASER:
Contact Details:
PURCHASER'S LAWYERS:
Firm:
Individual Acting:
Contact Details:
LICENSED REAL ESTATE AGENT: Mat Andrews Real Estate
Limited-
Agent's Name: a Member of the Bayleys Realty Group
Manager: Mathew Andrews
Salesperson: Mathew Andrews (027 483 6261)
Contact Details: 62 Ardmore Street
WANAKA
9305
Licensed REAA 2008 MREINZ
Land Information Memorandum
www.bayleys.co.nz
MAT ANDREWS REAL ESTATE LTD, BAYLEYS, LICENSED UNDER THE REA ACT 2008
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation.
Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation.
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
Northlake Special Zone Conditions
www.bayleys.co.nz
MAT ANDREWS REAL ESTATE LTD, BAYLEYS, LICENSED UNDER THE REA ACT 2008
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation.
Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation.
12
N
OR
TH
LA
KE
SP
EC
IAL
ZO
NE
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
W
PG
-89
508
5-7-1
20-V
5 12.X‐ 1
AP
PE
ND
IX A
12.X N
orth
lake Sp
ecial Zon
e Issu
es, O
bje
ctives an
d P
olicie
s
The purpose
of the
Northlake
Special Zone
is to
provide for
a predom
inantly residential mixed use neighbourhood. The area w
ill offer a range of housing choices and lot sizes ranging from
predominantly low
to m
edium density sections, w
ith larger residential sections on the southern and northern edges. The zone enables developm
ent of the land resource in a m
anner that reflects the zone’s landscape and am
enity values.
The Northlake Special Zone includes a Structure Plan show
ing existing and proposed roads, the position of Activity Areas, Building R
estriction Areas and Tree Protection Areas. S
ubsequent provisions refer to these term
s. An important com
ponent of the Zone is the need to submit an
Outline
Developm
ent Plan
as part
of an
application for
consent to
specified activities prior to development, to ensure the Zone is developed
in an integrated manner.
12.X
.1
Issu
es
i
Lan
dscap
e a
nd
Am
en
ity N
orthlake is located within a landscape w
hich contributes to the am
enity of the wider W
anaka area. It is important to recognise and
achieve high quality amenity outcom
es. The urban edge needs to be located to preserve the landscape values enjoyed from
Lake Wanaka
and the Clutha R
iver.
ii C
om
mu
nity
Developm
ent in Northlake shall occur in a m
anner that provides for the integration of activities im
portant for the social wellbeing of the
comm
unity. There is potential to establish a small precinct w
ith
comm
unity and comm
ercial activities that meet som
e daily needs and act as a focal point for the N
orthlake comm
unity.
iii E
co
log
y Years of pastoral farm
ing have degraded natural values. H
owever, through protecting rem
nants of mostly kanuka vegetation
and encouraging tree planting, some values can be restored and
enhanced. Developm
ent near the boundary of the Hikuw
ai C
onservation Area shall be managed so as to reinforce and protect
the values of that area.
iv
Op
en
Sp
ace a
nd
Rec
reatio
n N
orthlake presents opportunities to provide open spaces and trails that w
ill contribute to the Wanaka com
munity
’s social and econom
ic wellbeing. C
ontinued and increased opportunities to access Lake W
anaka and the outlet to the Clutha R
iver can be secured as part of the developm
ent of the land.
v
Effic
ien
t Lan
d U
se
It is important that residentially zoned land is used efficiently in
order to promote housing affordability and relieve pressure to
develop other more sensitive land in and around W
anaka.
vii
Infra
stru
ctu
re D
evelopment of the zone w
ill require the provision of services including w
ater supply, sewage disposal, storm
water disposal,
telecomm
unications and electricity supply.
12.X
.2
Ob
jectiv
es a
nd
Po
licie
s
Ob
jectiv
e 1
– R
esid
en
tial D
evelo
pm
en
t
A
ran
ge
of
med
ium
to
lo
w
den
sity
an
d
larg
er
lot
resid
en
tial
develo
pm
en
t in c
lose p
roxim
ity to
the w
ide
r Wan
aka a
men
ities.
Po
licie
s
1.1
T
o e
sta
blis
h a
mix
of re
sid
entia
l densitie
s th
at w
ill pro
vid
e a
re
sid
entia
l enviro
nm
ent a
pp
ealin
g to
a ra
ng
e o
f peop
le.
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
12
N
OR
TH
LA
KE
SP
EC
IAL
ZO
NE
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
W
PG
-89
508
5-7-1
20-V
5 12.X‐ 2
1.2
T
o e
nab
le m
ediu
m d
ensity
livin
g w
ithin
the
less s
ensitiv
e p
arts
of
the zone
in
ord
er
to
giv
e
North
lake
a
sense
of
pla
ce
and
to
support a
ne
ighbo
urh
ood c
om
merc
ial a
nd
reta
il pre
cin
ct.
1.3
T
o m
ain
tain
an
d e
nable
resid
entia
l lot s
izes in
Activ
ity A
reas A
an
d
C4 c
onsis
tent w
ith th
e a
dja
cent R
ura
l Resid
entia
l Zone
.
1.4
T
o e
nab
le a
nd e
ncoura
ge
low
density
resid
entia
l activ
ities w
ithin
A
ctiv
ity A
reas B
1 –
B5.
1.5
T
o e
nab
le a
nd e
ncoura
ge
larg
er re
sid
entia
l lot s
izes w
ithin
Activ
ity
Are
as C
1 –
C3.
1.6
T
o e
nab
le and e
ncoura
ge
me
diu
m
density
resid
entia
l activ
ities w
ithin
Activ
ity A
rea D
1.
1.7
T
o p
rovid
e fo
r sm
all s
cale
neig
hbo
urh
ood re
tail a
ctiv
ities to
serv
e
the n
eeds o
f the lo
ca
l com
mun
ity w
ithin
Activ
ity A
rea D
1 a
nd to
avoid
vis
itor a
ccom
mo
datio
n, c
om
merc
ial, re
tail a
nd c
om
munity
activ
ities a
nd re
tirem
ent v
illages w
ithin
Activ
ity A
reas o
ther th
an
with
in A
ctiv
ity A
rea D
1.
1.8
T
o p
rovid
e fo
r co
mm
unity
activ
ities, in
clu
din
g e
ducatio
nal fa
cilitie
s,
to s
erv
e th
e n
ee
ds o
f the N
orth
lake c
om
mu
nity
and
to b
e a
vaila
ble
fo
r use b
y th
e w
ider W
anaka c
om
munity
.
1.9
T
o
en
able
affo
rda
ble
h
ousin
g
by
pro
vid
ing
for
cost
effe
ctiv
e
develo
pm
ent
and by re
quirin
g a ra
ng
e of
lot
siz
es and ho
usin
g
typolo
gie
s,
inclu
din
g
20
affo
rda
ble
lo
ts
(as
defin
ed
in
Ru
le
15.2
.20.1
).
O
bje
ctiv
e 2
– U
rban
Desig
n
Develo
pm
en
t dem
on
stra
tes b
est p
ractic
e in
urb
an
desig
n a
nd
resu
lts
in a
ran
ge o
f hig
h q
uality
resid
en
tial e
nviro
nm
en
ts.
Po
licie
s
2.1
T
o u
se a
Stru
ctu
re P
lan to
esta
blis
h:
• T
he lo
catio
n o
f Activ
ity A
reas
• T
he p
rimary
roadin
g n
etw
ork
• R
equ
ired w
alk
ing a
nd c
ycle
conn
ectio
ns
• A
reas w
here
build
ings a
re p
revente
d fro
m o
ccurrin
g d
ue
to la
ndscap
e s
ensitiv
ity
• A
reas w
here
exis
ting v
egeta
tion
form
s a
n im
porta
nt
lan
dscape
or e
colo
gic
al fe
atu
re a
nd s
hou
ld b
e p
rote
cte
d
2.2
T
o
require
d
evelo
pm
en
t to
be
consis
tent
with
th
e
North
lake
Stru
ctu
re P
lan.
2.3
T
o re
quire
th
e use of
Outlin
e D
evelo
pm
ent
Pla
ns in
re
sourc
e
consent a
pp
licatio
ns fo
r Activ
ity A
reas B
1 to
B5, C
1 to
C4 a
nd
D1 in
ord
er to
: •
imp
lem
ent th
e o
bje
ctiv
es a
nd p
olic
ies o
f the
Zon
e a
nd
the
rele
vant A
ctiv
ity A
rea a
nd th
e N
orth
lake S
tructu
re P
lan
;
• dete
rmin
e th
e g
enera
l locatio
n o
f antic
ipate
d fu
ture
activ
ities
and b
uilt fo
rm w
ithin
the A
ctiv
ity A
rea;
• achie
ve a
ny re
quire
d d
ensity
range w
ithin
the re
leva
nt
Activ
ity A
rea
;
• achie
ve a
ppro
pria
te in
tegra
tion
of a
ntic
ipa
ted fu
ture
activ
ities.
2.4
T
o
achie
ve
a
hig
h
leve
l of
inte
gra
tion
thro
ugh
resid
en
tial
lot
layout,
stre
et
desig
n,
recre
atio
nal
are
as
(inclu
din
g
walk
ways/
cycle
ways,
park
s and op
en spaces)
and la
ndscap
ing
th
rough
the re
sourc
e c
onsent p
rocess u
sin
g O
utlin
e D
evelo
pm
ent P
lans.
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
12
N
OR
TH
LA
KE
SP
EC
IAL
ZO
NE
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
W
PG
-89
508
5-7-1
20-V
5 12.X‐ 3
2.5
T
o
ensure
th
at
deve
lopm
ent
reco
gnis
es
and
rela
tes
to
the
w
ider W
anaka c
hara
cte
r and is
a lo
gic
al e
xte
nsio
n o
f the u
rban
form
of W
anaka.
2.6
T
o
en
ab
le
vis
itor
accom
modatio
n,
co
mm
erc
ial,
reta
il an
d
com
munity
activ
ities a
nd re
tirem
ent v
illag
es w
ithin
Activ
ity A
rea D
1
inclu
din
g
limite
d
are
as
of
sm
all
sca
le
ne
ighb
ourh
ood
reta
il to
serv
ice
som
e
daily
n
ee
ds
of
the
lo
ca
l com
munity
, w
hile
m
ain
tain
ing
com
patib
ility
with
re
sid
en
tial
am
en
ity
and
avo
idin
g
reta
il develo
pm
ent o
f a s
cale
that w
ou
ld u
nd
erm
ine th
e W
anaka
T
ow
n C
entre
an
d th
e c
om
merc
ial c
ore
of th
e T
hre
e P
ark
s S
pecia
l Z
one.
2.7
T
o
ena
ble
e
ducatio
nal
facilitie
s
to
serv
ice
the
ne
eds
of
the
W
anaka
com
munity
, w
hile
m
ain
tain
ing
com
patib
ility
with
re
sid
entia
l am
enity
.
Ob
jectiv
e 3
– C
on
nectiv
ity
Deve
lop
me
nt
that
is
well-c
on
necte
d
inte
rnally
an
d
to
netw
ork
s
ou
tsid
e th
e z
on
e.
P
olic
ies
3.1
. T
o e
nsure
tha
t roa
din
g is
inte
gra
ted w
ith e
xis
ting d
eve
lopm
ent a
nd
the e
xis
ting ro
ad n
etw
ork
.
3.2
. T
o p
rom
ote
a lo
gic
al a
nd le
gib
le ro
ad
layout, m
inim
isin
g c
ul-d
e-
sacs w
here
pra
ctic
al.
3.3
T
o re
quire
public
cyclin
g a
nd w
alk
ing tra
ils th
roug
h th
e z
one th
at
link to
exis
ting a
nd p
ote
ntia
l trails
outs
ide th
e z
one.
3.4
T
o e
nab
le p
ub
lic tra
nsport to
effic
iently
serv
ice th
e a
rea, n
ow
an
d
in th
e fu
ture
.
3.5
T
o re
duce tra
ve
l dis
tances th
rough w
ell c
onn
ecte
d ro
ad
s.
3.6
T
o pro
vid
e safe
, attra
ctiv
e,
and pra
ctic
al
route
s fo
r walk
ing
and c
yclin
g, w
hic
h a
re w
ell lin
ked to
exis
ting
or p
ossib
le
futu
re p
assen
ger
transp
ort
an
d lo
ca
l fa
cilitie
s a
nd a
men
ities
with
in th
e z
one.
Ob
jectiv
e 4
– L
an
dsc
ap
e a
nd
Eco
log
y
Deve
lop
me
nt th
at ta
ke
s in
to a
cco
un
t the
lan
dscap
e, v
isu
al
am
en
ity, a
nd
co
nserv
atio
n v
alu
es o
f the z
on
e.
P
olic
ies
4.1
T
o id
entify
are
as w
here
b
uild
ings
are
in
ap
pro
pria
te,
inclu
din
g
ridge
lines, h
illtops a
nd o
ther v
isua
lly p
rom
inent
lan
dfo
rms, a
nd
to
avo
id b
uild
ings w
ithin
those a
reas.
4.2
T
o
main
tain
a
nd
enha
nce
th
e
natu
re
conserv
atio
n
valu
es
of
rem
na
nts
of
indig
enous
habita
t, an
d
to
en
hance
the
natu
ral
chara
cte
r of th
e n
orth
east m
arg
in o
f the z
one.
4.3
T
o
ensure
th
at
roa
ds
are
desig
ned
a
nd
locate
d
to
min
imis
e
the
nee
d
for
excessiv
e
cut
and
fill an
d
to
resp
ect
natu
ral
topo
gra
phic
al c
onto
urs
.
4.4
T
o
ensure
th
at
trees
with
in
the
Tre
e
Pro
tectio
n
Are
as
are
re
tain
ed,
and
th
at
any
indiv
idua
l tre
es
that
are
re
moved
or
felle
d w
ithin
TP
A3
or T
PA
4 a
re p
rogre
ssiv
ely
re
pla
ced
w
ith
non-w
ildin
g
sp
ecie
s
so
as
to
ensure
deve
lop
ment
is
reasonab
ly diffic
ult
to see
fro
m th
e D
eans B
ank tra
il (north
ern
sid
e
of
the
Clu
tha
R
iver),
to
reta
in
a
pre
dom
ina
ntly
tre
ed
fo
regro
un
d
when
vie
wed
from
th
e
Deans
Bank
trail,
and
to
reta
in
a
pre
do
min
an
tly
treed
backgro
und
when
vie
wed
from
O
utle
t Road.
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
12
N
OR
TH
LA
KE
SP
EC
IAL
ZO
NE
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
W
PG
-89
508
5-7-1
20-V
5 12.X‐ 4
Ob
jectiv
e 5
– R
ec
reatio
n
Th
e e
sta
blis
hm
en
t of a
reas fo
r pass
ive a
nd
activ
e re
cre
atio
n.
P
olic
ies
5.1
. T
o id
entify
are
as fo
r passiv
e a
nd a
ctiv
e re
cre
atio
n, a
nd to
encoura
ge
conn
ectio
ns b
etw
een
recre
atio
nal a
reas.
5.2
. T
o e
nsure
that c
om
munity
recre
atio
n a
reas a
re lo
cate
d o
n fla
tter
are
as w
ithin
the z
on
e.
5.3
. T
o e
ncoura
ge th
e p
rovis
ion
of p
ub
lic a
ccess to
the C
luth
a R
iver.
5.4
. T
o re
qu
ire p
rovis
ion o
f com
mun
ity fa
cilitie
s a
t an e
arly
sta
ge in
the
develo
pm
ent o
f the z
one.
O
bje
ctiv
e 6
– In
frastru
ctu
re
Pro
vis
ion
o
f serv
icin
g
infra
stru
ctu
re
to
cate
r fo
r d
em
an
ds
o
f d
evelo
pm
en
t w
ithin
th
e
zo
ne
in
an
en
viro
nm
en
tally
su
sta
inab
le
man
ne
r an
d
to
en
han
ce
wid
er
utility
n
etw
ork
syste
ms
wh
ere
ap
pro
pria
te.
P
olic
ies
6.1
. T
o p
rovid
e s
afe
and e
fficie
nt ro
ad a
ccess to
the z
one
from
Aubre
y
Road a
nd O
utle
t Roa
d.
6.2
. T
o p
rovid
e fo
r transp
ort n
etw
ork
upgra
des w
he
n re
quire
d.
6.3
. T
o d
esig
n lo
cal s
tree
ts to
ensure
safe
, low
sp
eed tra
ffic
enviro
nm
ents
.
6.4
. T
o u
tilise
low
impact d
esig
n s
olu
tions th
at m
inim
ise a
dvers
e
enviro
nm
enta
l effe
cts
resultin
g fro
m s
torm
wate
r runoff.
6.5
. T
o p
rovid
e fo
r wate
r sto
rage fa
cilitie
s fo
r the b
enefit o
f the
wid
er C
ouncil n
etw
ork
as w
ell a
s fo
r the
zone.
12
.X N
orth
lak
e S
pe
cia
l Zo
ne
Ru
les
1
2.X
.3
Dis
trict R
ule
s
Attention is drawn to the follow
ing District W
ide Rules w
hich may apply in
addition to any relevant Zone Rules. If the provisions of the D
istrict Wide
Rules are not m
et then consent will be required in respect of that m
atter:
(i) H
eritage Protection - R
efe
r Pa
rt 13
(ii) Transport
- Refe
r Pa
rt 14
(iii) Subdivision, D
evelopment
and Financial Contributions
- Refe
r Pa
rt 15
(iv) H
azardous Substances - R
efe
r Pa
rt 16
(v) U
tilities - R
efe
r Pa
rt 17
(vi) Signs
- Refe
r Pa
rt 18
(vii) R
elocated Buildings and Temporary Activities
- Refe
r Pa
rt 19
1
2.X
.4
Ac
tivitie
s
12.X
.4.1
P
erm
itted
Ac
tivitie
s
i. Any Activity w
hich complies w
ith all the relevant S
ite and
Zo
ne
Standards and
is not
listed as
a C
on
trolle
d,
Restric
ted
D
iscre
tion
ary
, D
isc
retio
nary
, N
on
-Co
mp
lyin
g
or
Pro
hib
ited
Activity, shall be a P
erm
itted
Activ
ity.
ii. N
on-residential activities involving up to one full time equivalent
person who perm
anently resides elsewhere than on the site and
occupying no more than 40m
² of the gross floor area of the buildings on a site.
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
12
N
OR
TH
LA
KE
SP
EC
IAL
ZO
NE
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
W
PG
-89
508
5-7-1
20-V
5 12.X‐ 5
12.X
.4.2
C
on
trolle
d A
ctiv
ities
The follow
ing shall be Co
ntro
lled
Activ
ities provided that they
are not listed as a Pro
hib
ited
, No
n-C
om
ply
ing
, Restric
ted
D
iscre
tion
ary
or D
isc
retio
nary
Activ
ity and they comply w
ith all the relevant S
ite and Zo
ne Standards. The m
atters in respect of w
hich the Council has reserved control are listed w
ith each C
ontrolled Activity.
i. B
uild
ing
s in
Activ
ity A
rea A
The addition, external alteration or construction of buildings w
ithin Activity Area A, with the exercise of C
ouncil’s control lim
ited to:
(a) The
location, external
appearance and
design of
buildings; (b)
Roof and w
all colours; (c)
Associated earthworks and landscaping.
ii.
Bu
ildin
gs
in A
ctiv
ity A
rea
s C
1 to
C4
The
addition, external
alteration or
construction of
buildings w
ithin the
Activity Areas
C1
to C
4, w
ith the
exercise of
Council’s control lim
ited to:
(a) The
location, external
appearance and
design of
buildings; (b)
Roof and w
all colours; (c)
Infrastructure and servicing; (d)
Associated earthworks and landscaping;
(e) Access.
iii.
Rem
oval o
f trees fro
m th
e T
ree P
rote
ctio
n A
reas
The rem
oval and/or felling of a tree which is w
ithin a Tree Protection Area show
n on the Northlake Structure Plan and
which is described in the S
chedule "Protected Trees – Wanaka"
in the Inventory of Protected Features in Appendix A3, w
ith the C
ouncil’s discretion limited to:
(a)
the extent of tree removal in the context of retention of
a predominantly treed area;
(b) the tim
ing, type and density of replacement trees;
(c) the m
ethod of removal of trees;
(d) retention and enhancem
ent of indigenous ecological values.
12.X
.4.3
R
es
tricte
d D
isc
retio
na
ry A
ctiv
ities
The follow
ing shall be Res
tricte
d D
iscre
tion
ary
Activ
ities provided that
they are not listed as a P
roh
ibite
d,
No
n-C
om
ply
ing
o
r D
isc
retio
nary
A
ctiv
ity and they com
ply with all the relevant S
ite and Z
on
e S
tandards. The m
atters in respect of which the C
ouncil has limited its discretion are
listed with each R
estric
ted
Dis
cre
tion
ary
Activ
ity.
i.
Resid
en
tial A
ctiv
ities (e
xclu
din
g b
uild
ing
s) in
Activ
ity A
reas
B1 to
B5 a
nd
C1 to
C4
Any
application for
consent under
this rule
shall include
a proposed O
utline Developm
ent Plan as part of the proposed conditions of consent in respect of all of the relevant Activity Area. The exercise of C
ouncil’s discretion shall be limited to:
(a)
Indicative subdivision design, density of residential units, lot configuration and allotm
ent sizes; (b)
Roading
pattern and
vehicle access
arrangements,
including integration with existing developm
ent; (c)
Proposed road and street designs, including landscaping; (d)
Location and
suitability of
pedestrian and
cycling connections and linkages to surrounding pedestrian and cycling netw
orks; (e)
Location and suitability of open space and recreational am
enity spaces; (f)
The proposed methods of servicing by infrastructure;
(g) Proposed m
ethods of low im
pact stormw
ater disposal; (h)
Proposals to protect and enhance conservation values;
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
12
N
OR
TH
LA
KE
SP
EC
IAL
ZO
NE
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
W
PG
-89
508
5-7-1
20-V
5 12.X‐ 6
(i) M
easures to address any adverse effects resulting from any
contaminated sites;
(j) The extent to w
hich natural topography is respected, where
practical; (k)
Integration of the Outline D
evelopment P
lan with other
parts of the zone, or with other consents w
ith Outline
Developm
ent Plans that have been approved; (l)
Species of trees (Note: required to be specified for the
purposes of Rule 12.X
.6.1.xi).
ii. R
esid
en
tial,
Vis
itor
Acc
om
mo
datio
n,
Co
mm
erc
ial,
Reta
il an
d
Co
mm
un
ity
Activ
ities
an
d
Retire
men
t V
illag
es
(all
exclu
din
g b
uild
ing
s) in
Activ
ity A
rea
D1
Any
application for
consent under
this rule
shall include
a proposed O
utline Developm
ent Plan as part of the proposed conditions of consent in respect of all of Activity Area D
1. The exercise of
Council’s discretion shall be lim
ited to:
(a) Indicative subdivision design, density of residential units, lot configuration, m
aximum
number of residential
units proposed for any retirem
ent village, and allotment sizes;
(b) Location
of any
visitor accom
modation,
comm
ercial, retail, retirem
ent village and comm
unity activities; (c)
Roading
pattern and
vehicle access
arrangements,
including integration with existing developm
ent; (d)
Proposed road and street designs, including landscaping; (e)
Location and
suitability of
pedestrian and
cycling connections and linkages to surrounding pedestrian and cycling netw
orks; (f)
Location and suitability of open space and recreational am
enity spaces; (g)
The proposed methods of servicing by infrastructure;
(h) Proposed m
ethods of low im
pact stormw
ater disposal; (i)
Proposals to protect and enhance conservation values; (j)
Measures to address any adverse effects resulting from
any contam
inated sites; (k)
The extent
to w
hich natural
topography is
respected,
where practical;
l) Integration of the O
utline Developm
ent Plan w
ith other parts of
the zone,
or w
ith other
con
sen
ts w
ith
Outline
Developm
ent Plans; (m
) D
esign controls and implem
entation methods for m
anaging outcom
es on sites with internal setbacks of less than 1.5 m
and / or lot sizes sm
aller than 400m2;
(n) Species of trees (N
ote: required to be specified for the purposes of R
ule 12.X.6.1.xi).
iii.
Resid
en
tial B
uild
ing
s
The addition, external alteration or construction of bu
ildin
gs w
ith
mo
re th
an
thre
e re
sid
en
tial u
nits
, with the exercise of C
ouncil’s
discretion lim
ited to:
(a) The location, external appearance and design of buildings; (b) Infrastructure and servicing; (c)
Associated earthworks and landscaping; and
(d) Access.
iv
. B
uild
ing
s fo
r Vis
itor A
cco
mm
od
atio
n, C
om
merc
ial, R
eta
il an
d
Co
mm
un
ity A
ctiv
ities a
nd
Retire
men
t Villa
ges w
ithin
Activ
ity
Are
a D
1
The addition, external alteration or construction of buildings for visitor accom
modation, com
mercial, retail and com
munity activities
and retirement villages w
ithin Activity Area D1, w
ith the exercise of C
ouncil’s discretion limited to:
(a)
The location, external appearance and design of buildings; (b)
Infrastructure and servicing; (c)
Associated earthworks and landscaping;
(d) Access;
(e) The am
ount of vehicle parking, its location and layout; (f)
Location of buildings on the site; (g)
Hours of operation; and
(h) Integration betw
een the proposed building and other
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
12
N
OR
TH
LA
KE
SP
EC
IAL
ZO
NE
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
W
PG
-89
508
5-7-1
20-V
5 12.X‐ 7
consents with O
utline Developm
ent Plans relevant to the site.
1
2.X
.4.4
D
isc
retio
na
ry
Ac
tivitie
s
The follow
ing shall
be D
iscre
tion
ary
A
ctiv
ities
provided they
are not listed as
No
n-C
om
ply
ing
A
ctiv
ities o
r P
roh
ibite
d A
ctiv
ities and
they comply w
ith all the relevant Zo
ne S
tan
dard
s.
i. Any Activity w
hich is not listed as a N
on
-Co
mp
lyin
g A
ctiv
ity
or Pro
hib
ited
A
ctiv
ity and w
hich complies w
ith all the Zone Standards but does not com
ply with one or m
ore of the Site Standards shall be a
Dis
cre
tion
ary
A
ctiv
ity w
ith the exercise of
the C
ouncil’s discretion
being confined
to the
matter(s)
specified in the standard(s) not complied w
ith.
ii. R
esid
en
tial
Activ
ities
(exclu
din
g
bu
ildin
gs)
in
Activ
ity
Are
as B
1
to B
5 an
d C
1 to
C
4 an
d R
esid
en
tial,
Vis
itor
Ac
co
mm
od
atio
n,
Co
mm
erc
ial,
Reta
il an
d
Co
mm
un
ity
Activ
ities an
d R
etire
men
t V
illag
es (a
ll exclu
din
g b
uild
ing
s)
in A
ctiv
ity
Are
a
D1
wh
ere
an
O
utlin
e
Develo
pm
en
t P
lan
is
p
ro
po
se
d
fo
r
on
ly p
art
of
Activ
ity A
reas B
1 to
B
5, C
1 to
C4 a
nd
D1.
12.X
.4.5
N
on
Co
mp
lyin
g A
ctiv
ities
The follow
ing shall be No
n-C
om
ply
ing
Activ
ities, provided that they are
not listed as a Pro
hib
ited
Activ
ity:
i. F
acto
ry F
arm
ing
ii.
Fo
restry
Activ
ities
iii.
Min
ing
Activ
ities
iv
. S
erv
ice A
ctiv
ities
v
. In
du
stria
l Activ
ities
vi.
Airp
orts
Airports
oth
er
than
the use of land and water for em
ergency landings, rescues and fire fighting.
v
ii. B
uild
ing
Restric
tion
Are
a (in
clu
din
g T
ree P
rote
ctio
n A
rea) –
A
ctiv
ity A
reas E
1-E
4
Any building (including buildings ancillary to residential use) and any dom
estic curtilage activities, including gardens, paved areas, and parking (except for the purpose of vehicle access) in Activity Areas E1-E4.
v
iii. T
he u
se o
r develo
pm
en
t of la
nd
with
in a
ny o
f Activ
ity A
rea
s
B1 to
B5, C
1 to
C4
an
d D
1 th
at is
no
t in a
cco
rdan
ce w
ith R
ule
12.X
.4.3
.i o
r R
ule
12.X
.4.3
.ii in
re
sp
ec
t o
f all
of
that
Activ
ity
Are
a
or
un
der
Ru
le
12
.X.4
.4.ii
in
resp
ect
of
part
of
that
Activ
ity A
rea.
ix
. V
isito
r A
cco
mm
od
atio
n,
Co
mm
erc
ial,
Reta
il an
d
Co
mm
un
ity
Activ
ities
an
d
Retire
men
t V
illag
es
with
in
Activ
ity A
reas A
, B1 to
B5 a
nd
C1 to
C4.
x.
Rem
oval o
f trees fro
m th
e T
ree P
rote
ctio
n A
rea
The rem
oval and/or felling of a tree which is w
ithin a Tree
Protection Area show
n on the Northlake Structure Plan and
which is described in the S
chedule "Protected Trees – Wanaka"
in the Inventory of Protected Features in Appendix A3, other
than as approved under Rule 12.X
.4.2.iii,
xi.
Any activity which is not listed as a
Pro
hib
ited
A
ctiv
ity and
which does not com
ply with one or m
ore of the relevant Zo
ne
standards, shall be a N
on
-Co
mp
lyin
g A
ctiv
ity.
1
2.X
.4.6
P
roh
ibite
d A
ctiv
ities
The follow
ing shall be Pro
hib
ited
Activ
ities:
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
12
N
OR
TH
LA
KE
SP
EC
IAL
ZO
NE
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
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5-7-1
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i. P
an
elb
eatin
g,
sp
ray
pain
ting
, m
oto
r veh
icle
re
pair
or
dis
man
tling
, fib
reg
lassin
g,
sh
eet
meta
l w
ork
, b
ottle
o
r scra
p
sto
rag
e,
mo
torb
od
y
bu
ildin
g,
fish
o
r m
eat
pro
cessin
g,
or
an
y
activ
ity
req
uirin
g
an
O
ffen
siv
e
Tra
de
Lic
en
ce u
nd
er th
e H
ealth
Act 1
95
6.
ii.
Pla
ntin
g th
e fo
llow
ing
trees:
(a) Pinus radiata (b) Pinus m
uriata (c) Pinus contorta (d) Pinus pondarosa (e) Pinus sylvstris (f)
Pinus nigra (g) D
ouglas Fir (h) All Eucalyptus varieties (i)
Silver Birch
(j) H
awthorn
12
.X.5
No
n-N
otific
atio
n o
f Ap
plic
atio
ns
Any application for a resource consent for the follow
ing matters m
ay be considered w
ithout the need to obtain the written approval of affected
persons and need not be notified in accordance with S
ection 95A and 95B
of the Act, unless the Council considers special circum
stances exist in relation to any such application:
i.
All applications for R
estric
ted
D
iscre
tion
ary
A
ctiv
ities, except
that where the ow
ners of land adjoining an area subject to a consent application w
ith an Outline D
evelopment P
lan may be
affected by a proposed roading connection (or lack thereof) then notice
may
be served
on those persons
considered to be
potentially adversely
affected if
those persons have not given their w
ritten approval.
Note:
For the purposes of this rule,
“adjoin
ing” m
eans land that shares a boundary w
ith the part of the Northlake Special Zone
to which the consent application's O
utline Developm
ent Plan
relates.
If any application in respect of all or part of Activity Area B1 includes an O
utline Developm
ent Plan which includes the use
of Peak View R
idge for vehicle access, then the owners of
land that gain access off Peak View R
idge shall be considered potentially adversely affected
For the purposes of this rule, a consent application's O
utline Developm
ent Plan includes a variation to a consent's O
utline Developm
ent Plan.
ii. Applications for the exercise of the C
ouncil’s discretion in respect of the follow
ing Site
Sta
nd
ard
s:
(a) Access;
(b) O
utdoor Living Space; (c)
Earthworks
12.X
.6
Sta
nd
ard
s
12.X
.6.1
S
ite S
tan
dard
s
i. N
atu
re a
nd
Scale
of N
on
-Resid
en
tial A
ctiv
ities
(a) W
ithin Activity Areas A, B1
– B5, and C1
– C4 no m
ore than one
full tim
e equivalent
person w
ho perm
anently resides elsew
here than on the site may be em
ployed in a non- residential activity.
(b) W
ithin Activity Areas A, B1 – B5, and C
1 – C
4 no more
than 40m² of the gross floor area of the buildings on a site
shall be used for non-residential activities. (d) N
o goods, materials or equipm
ent shall be stored outside a building, except for vehicles associated w
ith the activity parked on the site overnight and the storage of outdoor item
s ancillary to activities located on the site. (e)
All m
anufacturing, altering,
repairing, dism
antling or
process ing of any materials,
goods or articles shall be carried out w
ithin a building.
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
12
N
OR
TH
LA
KE
SP
EC
IAL
ZO
NE
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
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5-7-1
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ii. S
etb
ack fro
m R
oad
s
(a) The m
inimum
setback
from
road boundaries
of any
building shall be 4.5m except w
ithin Activity Area D1;
(b) The m
inimum
setback
from
road boundaries
of any
building within Activity Area D
1 shall be 3m.
iii.
Setb
acks fro
m In
tern
al B
ou
nd
arie
s
(a) In all areas aside from Activity Area D
1, and except as provided
for below
, the
minim
um
setback from
internal
boundaries for any building shall be:
Fro
nt
Site
One setback of 4.5m
and all other setbacks 2m.
R
ear S
ites
Two setbacks of 4.5m
and all remaining setbacks to be 2m
.
(b) Within Activity Areas D
1 the minim
um setback from
internal boundaries for any building shall be 1.5m
unless otherwise
authorized through
a consent
under R
ule 12.X
.4.3.i, R
ule 12.X
.4.3.ii or Rule 12.X
.4.4.ii.
(c) Accessory buildings for residential activities other than those used for the housing of anim
als may be located w
ithin the setback distances from
internal boundaries, where the total
length of the walls of accessory buildings w
ithin the setback does not exceed 7.5m
in length and there are no window
s or openings, other than for carports, along any w
alls within 2m
of an internal boundary.
(d) Eaves,
porches, balconies,
bay or
box w
indows,
steps, chim
neys and similar parts of buildings m
ay be located within
the minim
um building setback as follow
s: (i)
eaves up to 0.6m into the setback; and
(ii) balconies and bay or box w
indows of less than 3m
in length m
ay project into the setback by up to 0.6m. O
nly one such balcony or bay or box w
indow, intrusion is
permitted on each setback of each building; and
(iii) porches and steps up to 0.6m into a setback; provided
they measure no m
ore than 2m parallel to the nearest
internal boundary and provided that the floor level of any such porch or the top of any steps shall be no higher than 1m
above ground level. Only one such porch or set of
steps is permitted on each setback of each building; and
(iv) chimneys m
ay project into the setback by up to 0.6m
provided that the chimney m
easures no more than 1.2m
parallel to the nearest internal boundary. O
nly one chim
ney is permitted on each setback of each building;
and (v) no part of any balcony or w
indow w
hich is located within a
setback shall be higher than 3m above ground level.
(e) N
o setback
is required
from
an internal
boundary w
here buildings share a com
mon w
all on that boundary.
(f) N
o setback is required from a rear lane w
ithin Activity Area D
1.
iv.
Co
ntin
uo
us
Bu
ildin
g L
en
gth
Where
the aggregate
length along
one elevation
of buildings m
easured parallel to any internal boundary or internal boundaries exceeds 16m
; either:
(a) The entire building(s) shall be set back an additional 0.5m
for every 6m of additional length or part thereof
from the m
inimum
yard setback (continuous façades) at the sam
e distances from the boundary; or
(b) That part
of the
building(s) w
hich exceeds
the m
aximum
building length shall be progressively set back 0.5m
for every 6m of additional length or part
thereof from the m
inimum
yard setback (varied façade(s) w
ith stepped setbacks from
the boundary). R
efe
r Appe
nd
ix 4
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
12
N
OR
TH
LA
KE
SP
EC
IAL
ZO
NE
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
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-89
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5-7-1
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0
v.
Ou
tdo
or L
ivin
g S
pace
(a) The m
inimum
provision of outdoor living space for each
residential unit
at the
ground floor
level contained w
ithin the net area of the site shall be: (i)
For residential activities within Activity Area
D1, 40m
2 contained in one area with a m
inimum
dim
ension of 4m; In addition, it is to be directly
accessible from the principal living room
, has a gradient not exceeding 1:20, is free of buildings, parking spaces, servicing and m
anoeuvring areas, and excludes any area w
ith a dimension of less
than 1m.
(ii) In all other Activity Areas 36m² contained in one
area with
a minim
um dim
ension of 4.5m.
(b) The
minim
um
provision of
outdoor living
space for
each residential unit above ground level shall be 8m
² contained in one area w
ith a minim
um dim
ension of 2m.
(c) The outdoor living space shall be readily accessible from a
living area. (d) N
o outdoor living space shall be occupied by: (i)
Any building, other than an outdoor swim
ming pool or
accessory building of less than 8m² gross floor area; or
(ii) A drivew
ay or parking space; or (iii) Areas to be used for the storage of w
aste and recycling.
vi.
Gara
ge
s
In Activity Areas B1 – B5 and D
1 garages and carports must be
setback at least level with the front façade (i.e. the façade facing
the street) of the residential unit.
vii.
Walls
an
d F
en
ce
s
No w
alls or fences shall be located within a setback from
roads, except that:
(a) Fences w
ithin a road setback in Activity Areas C1 – C
4 are allow
ed up to 1.2m high provided they are post and w
ire. (b)
Fences within the setback of O
utlet and Aubrey Roads and a
minim
um of 8m
from the road boundary along the lot side
boundaries are allowed up to 1.2m
high provided they are post and w
ire. (c)
Fences within setbacks from
the boundaries of parks and reserves,
within
4m
of the
boundary of
the H
ikuwai
Conservation Area, and w
ithin 2m of a Building R
estriction Area, are allow
ed up to 1.2m high provided they are post and
wire.
viii.
Ac
ce
ss
Each residential unit shall have legal access to a form
ed road.
ix
. E
arth
wo
rks
The follow
ing limitations apply to all earthw
orks (as defined in this Plan), except for earthw
orks associated with a subdivision
that has both resource consent and engineering approval.
(a) Earthw
orks (i)
The total volume of earthw
orks does not exceed 20
0m
3
per site (within a 12 m
onth period). For clarification of “v
olu
me”, see interpretative diagram
5. (ii)
The maxim
um area of bare soil exposed from
any earthw
orks where the average depth is greater than 0.5m
shall not exceed 4
00m
² in area within that site (w
ithin a 12 m
onth period). (iii) W
here any earthworks are undertaken w
ithin 7m of a
Water body the total volum
e shall not exceed 20m
³ (notw
ithstanding provision 17.2.2). (iv) N
o earthworks shall:
a. expo
se any gro
un
dw
ater aqu
ifer; b
. cause artificial d
rainage o
f any gro
un
dw
ater aqu
ifer; c. cau
se temp
orary p
on
din
g of an
y surface w
ater. (b)
Height of cut and fill and slope
(i) The vertical height of any cut or fill shall not be greater
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
12
N
OR
TH
LA
KE
SP
EC
IAL
ZO
NE
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
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PG
-89
508
5-7-1
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1
than the distance of the top of the cut or the toe of the fill from
the site boundary (see interpretative diagram 6).
Except where the cut or fill is retained, in w
hich case it m
ay be located up to the boundary, if less or equal to 0.5m
in height. (ii)
The maxim
um height of any cut shall not exceed 2.4m
. (iii) The m
aximum
height of any fill shall not exceed 2m.
(c) Environm
ental Protection Measures
(i) Where vegetation clearance associated w
ith earthworks
results in areas of exposed soil, these areas shall be revegetated w
ithin 12 months of the com
pletion of the operations.
(ii) Any person carrying out earthworks shall:
a. Im
plement erosion and sedim
ent control measures to
avoid soil erosion or any sediment entering any w
ater body. R
efer to the Queenstow
n Lakes District
earthworks guideline to assist in the achievem
ent of this standard.
b.
Ensure that
any m
aterial associated
with
the earthw
orks activity is not positioned on a site within
7m of a w
ater body or where it m
ay dam or divert or
contaminate w
ater.
c. Im
plement appropriate dust control m
easures to avoid nuisance
effects of
dust beyond
the boundary
of the site. R
efer to the Queenstow
n Lakes District
earthworks guideline to assist in the achievem
ent of this standard.
(d)
Protection of archaeological sites and sites of cultural heritage (i) The activity shall not m
odify, damage or destroy any
Waahi Tapu, W
aahi Taoka or archaeological sites, or in the Kai Tahu ki O
tago Natural R
esource Managem
ent Plan.
(ii) The activity shall not affect Ngai Tahu
’s cultural, spiritual and traditional association w
ith land adjacent to or within
Statutory Acknowledgm
ent Areas. (iii) If
koiwi
(human
skeletal rem
ains), w
aahi taoka
(resource or
object of
importance
including greenstone/pounam
u), waahi tapu (place or feature of
special significance)
or other artefact
materials
are discovered
work
shall stop,
allowing
for a
site inspection
by the
appropriate R
unaka and
their advisors. These people w
ill determine if the discovery
is likely to be extensive and whether a thorough site
investigation w
ill be
required. M
aterials discovered
should be
handled and rem
oved by
takata w
henua w
ho possess
knowledge
of tikanga
(protocol) appropriate to their rem
oval or preservation.
x.
Lan
dscap
ing
an
d P
lan
ting
(a)
In Activity Area C1, 10%
landscaping coverage of residential
sites shall
be achieved
through the
planting of
trees species
specified under
Rule
12.X.4.3.i.
N
ote: For the purposes of this rule (a) above:
(i) ‘tre
e’ shall be a species that w
ill grow above
5.5m at m
aturity. (ii)
‘covera
ge’ shall be trees planted at a
maxim
um of 5m
between centres of trees.
(iii) planting shall be com
pleted within 12 m
onths of C
ode of Com
pliance certification of a building on the site in accordance w
ith the Building Act 2004.
(b)
In Activity Area C1, w
here any residential site boundary
adjoins the
Building
Restriction
Area, planting
within
a four
metre
setback from
that
boundary shall
achieve
100%
coverage using
kanuka, red
tussock, coprosm
a, pittosporum
and
hebe species, with a m
inimum
of two of these species.
(c) In
Activity Area
C4,
where
any residential
site adjoins
the H
ikuwai
Conservation
Area or
Aubrey R
oad, planting within a four m
etre setback from that
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
12
N
OR
TH
LA
KE
SP
EC
IAL
ZO
NE
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
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/09/15
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-89
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5-7-1
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2
boundary shall achieve 100% coverage using kanuka,
red tussock,
coprosma,
pittosporum
and hebe
species, with a m
inimum
of two of these species.
N
ote: For the purposes of rules (b) and (c) above
: (i)
‘covera
ge’ shall be achieved by planting at a
maxim
um of 2m
between plants
(ii) planting shall be com
pleted within 12 m
onths of Code
of Com
pliance certification of a building on the site in accordance w
ith the Building Act 2004.
(d)
On residential sites adjoining O
utlet Road, tree planting w
ithin a 3.5 m
setback from that road shall achieve 100%
coverage.
Note:
For the purposes of rule (d) above:
(i) ‘tree planting
’ shall consist of species that will be higher
than 1.5 at maturity spaced at a m
aximum
of 5m betw
een centres of trees.
(ii) planting shall be completed w
ithin 12 months of C
ode of C
ompliance certification of a building on the site in
accordance with the B
uilding Act 2004. (iii) this rule shall not apply to A
ctivity Area A.
(e) W
ithin the Tree Protection Areas, any tree that dies shall be replaced w
ithin 12 months by a non-w
ilding evergreen tree.
xi.
Ou
tloo
k S
pac
e
(a) An outlook space m
ust be provided from the face of a
building containing window
s or balconies to a habitable room.
Where the room
has two or m
ore external faces with
window
s or balconies the outlook space must be provided
from, in order of priority, the face w
ith the largest balcony or largest area of glazing.
(b)
The minim
um dim
ensions for a required outlook space are as follow
s:
(i) principal living room
: 6m in depth and 4m
in width
(ii) principal bedroom
: 3m in depth and 3m
in width
(iii) all other habitable room
s: 1m in depth and 1m
in w
idth.
(c) The depth of the outlook space is m
easured at right angles to and horizontal from
the window
or balcony to which it applies.
Where the outlook space applies to a balcony, it m
ust be m
easured from the outside edge of the balcony.
(d)
The width of the outlook space is m
easured from the centre
point of the largest window
on the building face to which it
applies or from the centre point of the largest balcony.
(e)
The height of the outlook space is the same as the floor
height, measured from
floor to ceiling, of the building face to w
hich the control applies.
(f) O
utlook spaces may be w
ithin the site, over a public street, or other public open space.
(g)
Outlook spaces required from
different rooms w
ithin the sam
e dwelling m
ay overlap.
(h) O
utlook spaces must:
(i)
be clear and unobstructed by buildings
(ii) not extend over adjacent sites or overlap w
ith outlook spaces required by another dw
elling.
(i) An outlook space at ground floor level from
a principal living room
may be reduced to 4m
deep if privacy to adjacent dw
ellings is provided by fencing at least 1.6m in height.
xii.
Un
ivers
al A
cc
ess
(a)
Where an attached m
ulti-unit development contains 10 or
more dw
ellings, 20 per cent of those dwellings m
ust comply
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
12
N
OR
TH
LA
KE
SP
EC
IAL
ZO
NE
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
W
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-89
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5-7-1
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3
with the follow
ing:
(i) doorways m
ust have a minim
um clear opening w
idth of 810m
m
(ii) stairw
ells must have a m
inimum
width of 900m
m
(iii) corridors m
ust have a minim
um w
idth of 1050mm
(iv) the principal means of access from
the frontage, or the parking space serving the dw
elling, to the principal entrance of the dw
elling must have:
a minim
um w
idth of 1.2m
a m
aximum
slope of 1:20
a maxim
um cross fall of 1:50.
(b)
Where the calculation of the dw
ellings required to be universally accessible results in a fractional dw
elling, any fraction that is less than one-half w
ill be disregarded and any fraction of one-half or m
ore will be counted as one dw
elling. (c)
All dwellings required to be universally accessible m
ust provide at least one parking space for people w
ith a disability. The dim
ensions and accessible route requirements for such
parking spaces are detailed in Section 5.5 of the New
Zealand Building C
ode D1/AS
1 New
Zealand Standard for
Design for A
ccess and Mobility – Buildings and Associated
Facilities (NZS 4121-2001).
xiii.
Su
sta
inab
le d
ev
elo
pm
en
t
(a) In new
attached multi-unit developm
ents containing five or m
ore dwellings, each dw
elling must be designed and
constructed to achieve:
(i) a minim
um 6-star level from
New
Zealand Green Building
Council H
omestar Tool (2013), or
(ii) certification under the Living Building C
hallenge
(b)
This control does not apply to:
(i) extensions and alterations to existing buildings
(ii) converting an existing building to a dwelling
(iii) new
developments containing four or few
er dwellings.
xiv
. S
ep
ara
tion
betw
een
bu
ildin
gs w
ithin
a s
ite
(a) Buildings m
ust be separated where the habitable room
of a dw
elling has window
s or balconies that face out to the wall of
another building on the same site (the facing w
all). Where the
room has tw
o or more external faces w
ith window
s or balconies the building separation m
ust be applied from, in
order of priority, the face with the largest balcony or the
largest area of glazing.
(b) The separation space required m
ust be free of buildings for the depth, w
idth and height set out below.
(c)
The depth of the separation space is measured at right
angles to, and horizontal from, the w
indow or balcony to
which it applies across to the facing w
all, excluding eaves or guttering. W
here the building separation applies to a balcony, it is m
easured from the outside edge of the balcony.
(d)
For the principal living room, the depth of the separation
space required is equal to the height of the facing wall above
the floor level of the habitable room, or 15m
, whichever is the
lesser.
(e) For the principal bedroom
, the depth of the separation space required is 6m
.
(f) For other habitable room
s , the depth of the separation space required is 3m
.
(g) The w
idth of the separation space is 50 per cent of its depth
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
12
N
OR
TH
LA
KE
SP
EC
IAL
ZO
NE
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
W
PG
-89
508
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4
and is measured from
the centre point of the largest window
on the building face to w
hich it applies or from the centre
point of the largest balcony.
(h) The height of the separation space is from
the height of the floor or balcony upw
ards, clear to the sky except that eaves or gutters m
ay protrude into it.
(i) W
here the adjacent building is not perpendicular to the distance being m
easured, the minim
um separation depth
required must be m
easured as an average around the centre line of the w
indow/balcony.
1
2.X
.6.2
Z
on
e S
tan
da
rds
i.
Stru
ctu
re P
lan
All activities and developm
ents must be carried out in accordance
with the Structure Plan, provided that this rule does not apply to an
amendm
ent of boundaries of up to 50m betw
een Activity Areas B1 - B5 and D
1.
ii. O
utlin
e D
evelo
pm
en
t Pla
n &
Sta
gin
g P
lan
(a)
A consent application with an O
utline Developm
ent Plan lodged under R
ule 12.X.4.3.i or R
ule 12.X.4.3.ii shall identify required
walkw
ay/ cycleway links and required roading links w
ithin 50m
of their positions shown on the Structure Plan,
(b)
A consent application with an O
utline Developm
ent Plan for Activity Area B1 lodged under R
ule 12.X.4.3.i shall identify the required public w
alkway / cyclew
ay to Aubrey Road show
n on the Structure Plan together w
ith the legal method to im
plement it.
(c)
A consent application with an O
utline Developm
ent Plan lodged under R
ule 12.X.4.3.i or R
ule 12.X.4.3.ii shall be accompanied
by a
Staging Plan to indicate the proposed tim
eframes for
development
in the relevant
parts of
the N
orthlake Special
Zone to
enable infrastructure
servicing w
orks to
be program
med. The first consent w
ith an Outline D
evelopment
Plan lodged shall be accompanied by a Staging Plan for the
whole
of the
Northlake
Special Zone
and this
is to
be progressively
revised as
subsequent consents
and O
utline D
evelopment Plans are lodged over tim
e.
Note:
The purpose
of this
rule is
to inform
C
ouncil of
when
infrastructure works m
ay need to be programm
ed. The Staging Plan is not intended to apply as a condition of consent.
iii.
Den
sity
The density of residential units w
ithin each Activity Area shall achieve lim
its set out in Table 1 plus or minus fifteen per
cent (15%).
Table
1:
Activity Areas
Density (residential units per hectare)
A & C4
N/A
B1 – B5 10
C1 – C
3 4.5
D1
15
Density shall be calculated for each Activity Area on an individual
basis on the gross area of land available for development and
includes land vested or held as reserve, open space, access or roading
but excludes
the Building R
estriction Area
and Tree
Protection Area
and any
land developed
or intended
to be
developed for activities other than residential activities.
iv.
Bu
ildin
g H
eig
ht
G
round slope in relation to building height shall be determined by
measurem
ent over the extremities of each building elevation.
(a)
Flat sites W
here all elevations indicate a ground slope of less than 6
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
12
N
OR
TH
LA
KE
SP
EC
IAL
ZO
NE
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po
sed
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rthlake Sp
ecial Zon
e – P
ost D
ecision
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degrees (approximately 1:9.5), then the m
aximum
height for buildings shall be:
- 8.0m
for residential activities within Activity Areas A,
B1 – B5, and C2 – C
4; -
5.5m in Activity Area C
1; -
10.0m for activities w
ithin Activity Area D1,
and in addition no part of any building shall protrude through a recession line inclined tow
ards the site at an angle of 40° and com
mencing at 2.5m
above ground level at any given point on the site boundary: except:
(i) G
able, hip, dormer and other sim
ilar projections m
ay encroach
beyond the
recession lines
provided they are contained within a calculated
area(s) no greater than 6m² w
ith the apex no higher
than a
point 1m
below the m
aximum
height for the zone and the base of the area(s) at the level of recession line protrusion.
(ii) The recession line shall not apply to buildings that share a com
mon w
all on an internal boundary and shall not apply to Activity Area D
1.
(b) Sloping sites W
here any elevation indicates a ground slope of greater than 6 degrees (approxim
ately 1:9.5) then the maxim
um
height for buildings shall be 7.0m:
except: (i) N
o part of any accessory building located within the
setback distances from internal boundaries shall
protrude through recession lines inclined towards
the site at an angle of 25° and comm
encing at 2.5m
above ground
level at
any given
point along each internal boundary.
(ii) In Activity Area C
1 building height shall be limited
to one story and 5.5 m above ground level,
v.
Bu
ildin
g C
overa
ge
The m
aximum
building coverage for all activities on any site shall be:
(a)
40% in Activity Areas A, B1 – B5, C
1 – C4
(b) 65%
in Activity Area D1.
v
i. N
ois
e
(a) Sound from non-residential activities m
easured in accordance w
ith NZS 6801:2008 and assessed in accordance w
ith NZS
6802:2008 shall not exceed the following noise lim
its at any point w
ithin any other site in this zone: (i)
Daytim
e (0800 to 2000 hrs) 50 dB LA
eq(15 min)
(ii) N
ight-time (2000 to 0800 hrs) 40 dB L
Aeq(15 m
in)
(iii) Night-tim
e (2000 to 0800 hrs) 70 dB LA
Fmax
(b) Sound from
non-residential
activities w
hich is
received in
another zone shall comply w
ith the noise limits set in the zone
standards for that zone. (c) The noise lim
its in (a) and (b) shall not apply to construction sound w
hich shall be assessed in accordance and comply w
ith N
ZS 6803:1999. (d) The noise lim
its in (a) shall not apply to sound associated with
airports or windfarm
s. Sound from these sources shall be
assessed in accordance and comply w
ith the relevant New
Zealand Standard, either N
ZS 6805:1992, or NZS 6808:1998.
For the avoidance of doubt the reference to airports in this clause does not include helipads other than helipads located w
ithin any land designated for Aerodrome Purposes in this
Plan.
vii.
Lig
htin
g, G
lare
an
d C
on
trols
on
Bu
ildin
g M
ate
rials
Any activity that does not com
ply with the follow
ing standards:
(a) All fixed exterior lighting shall be directed away from
adjacent sites and roads; and
(b) No activity on any site shall result in greater than a 3.0 lux spill
(horizontal and vertical) of light onto any other site measured
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
12
N
OR
TH
LA
KE
SP
EC
IAL
ZO
NE
Pro
po
sed
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rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
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/09/15
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at any point inside the boundary of the other site, provided that this rule shall not apply w
here it can be demonstrated
that the design of adjacent buildings adequately mitigates
such effects. (c) External building m
aterials shall either: (i) be coated in colours w
hich have a reflectance value of betw
een 0 and 36%; or
(ii) consist of unpainted wood (including sealed or
stained wood), unpainted stone, unpainted concrete, or
copper;
except th
at: (i) architectural features, including doors and w
indow
frames, m
ay be any colour; and (ii) roof colours shall have a reflectance value of betw
een 0 and 20%
.
viii.
Reta
il
(a) No retail activity shall occur w
ithin the Northlake Special
Zone except in Activity Area D1.
(b) N
o retail activity shall have a gross floor area exceeding 200m
2.
(c) The total amount of retail floor area w
ithin the N
orthlake Special Zone shall not exceed 1000m2.
ix.
Ro
of D
esig
n
In Activity Area C1 at least 80%
of the surface area of roofs shall have a roof pitch that is betw
een a 25 and 40 degree slope.
Note:
For the
purposes of
this rule,
‘surface
are
a’
shall be
measured from
directly above the building using a 2-dimensional
plan.
x.
Activ
ity A
reas E
1 &
E4
In Activity Area E1 and Activity Area E4 existing trees shall be
retained and
any additional
enhancement
planting, once
established, shall also be maintained except that this rule does not
apply to wilding tree species (particularly those spreading from
the adjoining land outside the zone to the w
est) which shall be
removed.
1
2.X
.7
As
se
ss
me
nt M
atte
rs
12.X
.7.1
G
en
era
l
(a) The following Assessm
ent Matters are m
ethods included in the D
istrict Plan in order to enable the C
ouncil to implem
ent the Plan’s
policies and fulfill its functions and duties under the Act.
(b) In considering resource consents for land use activities, in addition
to the applicable provisions of the Act, the Council shall apply the
relevant Assessm
ent M
atte
rs set out in R
ule12.X.7.2 below
.
(c) In the
case of
Contro
lled,
Restric
ted
D
iscre
tionary
and
D
iscre
tionary
A
ctiv
ities,
where
the exercise
of the
Council’s
discretion is restricted to the matter(s) specified in a particular
standard(s) only, the assessment m
atters taken into account shall only be those relevant to that/these standard(s).
(d) In the case o
f Co
ntro
lled A
ctiv
ities, the assessm
ent matters shall
only apply in respect to conditions that may be im
posed on a consent.
(e) W
here an activity is a D
iscre
tionary
A
ctiv
ity because it does
not comply w
ith one or more relevant S
ite Standards, but is also
specified as
a C
ontro
lled
Activ
ity
in respect
of other
matter(s), the C
ouncil shall also apply the relevant assessment
matters
for the
Controlled
Activity w
hen considering
the im
position of
conditions on any consent to the discretionary activity.
1
2.X
.7.2
A
ss
ess
me
nt M
atte
rs
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
12
N
OR
TH
LA
KE
SP
EC
IAL
ZO
NE
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
W
PG
-89
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7
In considering whether or not to grant consent or im
pose conditions, the C
ouncil shall
have regard
to, but
shall not
be lim
ited by,
the follow
ing assessment m
atters:
i. C
on
trolle
d A
ctiv
ity C
on
sen
t – B
uild
ing
s in
A
ctiv
ity
Are
a
A (R
ule
12.X
.4.2
.i)
(a) The
extent to
which
the location
of buildings
and associated earthw
orks and landscaping breaks the line and
form
of the
landscape w
ith special
regard to
skylines, ridges, hills and prominent slopes.
(b)
The extent
to w
hich roof
and w
all colours
are recessive and w
ill not stand out against the surrounding background.
ii.
Co
ntro
lled
Activ
ity C
on
sen
t – B
uild
ing
s in
Activ
ity A
reas
C1 to
C4 (R
ule
12.X
.4.2
.ii)
(a) The extent to w
hich designs contribute to a coherent neighbourhood them
e, utilising gabled roof forms and
materials
such as
stone, shingles,
natural tim
ber, plaster and w
eather boards
(b) The extent to w
hich controls on the design and location of accessw
ays and
earthworks
may
be appropriate
to m
itigate the visual effects resulting from m
odifications to the landform
(c) The extent to w
hich roof and wall colours are in the range
of dark greys, browns and blacks
iii. R
estric
ted
D
iscre
tion
ary
A
ctiv
ity –
R
esid
en
tial
Activ
ities
in
an
y o
f Activ
ity A
rea
s B
1 to
B5 a
nd
C1 to
C4 (R
ule
12
.X.4
.3.i)
an
d R
esid
en
tial,
Vis
itor
Ac
co
mm
od
atio
n,
Co
mm
erc
ial,
Reta
il an
d C
om
mu
nity
Activ
ities a
nd
Retire
men
t Villa
ges in
Activ
ity
Are
a D
1 (R
ule
12.X
.4.3
.ii)
(a)
In regard to ind
icativ
e s
ub
div
isio
n d
esig
n (i)
Whether the street blocks are designed to be
walkable. W
here practical within Activity Areas B
1 – B5 in particular, block sizes larger than 1.5 ha and block lengths (betw
een intersections, not including rear service lanes) longer than 200m
are discouraged.
(ii) The
extent to
which
the subdivision
layout m
inimises, as far as practical, the num
ber of rear sites that do not front the street.
(iii) The
extent to
which
the subdivision
design responds positively to the underlying topography and landscape characteristics.
(iv) W
hether the street and lot configuration is likely to encourage house orientations that m
aximise solar
gain. North-south street orientations and grid road
designs that promote connectivity are encouraged
to support such a lot configuration. designs that prom
ote connectivity are encouraged to support such a lot configuration.
(v) W
hether proposed open spaces and walkw
ays are
likely to
feel safe,
including through
benefiting from
passive surveillance
from
surrounding uses.
(vi) W
hether the
edges of
the Activity
Area are
designed to relate to the adjoining land, and provide
for potential
road and
pedestrian or
cycle connections to adjoining land.
(b) In regard to ro
ad
ing
patte
rn a
nd
veh
icle
access a
rran
gem
en
ts (i)
Whether
the roading
pattern realises
opportunitiesto connect streets. Where practical,
cul-de-sacs, except
those that
are short
and straight, should be avoided.
(ii) The
extent to
which
a grid
road design
with
vehicle or
pedestrian connections,
particularly w
ithin Activity Areas B1
– B5 and D1 is utilised
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
12
N
OR
TH
LA
KE
SP
EC
IAL
ZO
NE
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
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to prom
ote connectivity
and to
avoid a
conventional suburban
design w
ith unnecessarily
meandering road
forms.
Curved
roads that respond positively to landform
s and
topography are
acceptable, provided these are w
ell-connected. (iii)
The extent to which the roading pattern connects
with
existing developm
ent, including
other consents w
ith Outline D
evelopment Plans and
road netw
orks outside
the zone.
(iv) W
hether road
connections to
and from
O
utlet R
oad and
Aubrey
Road
are provided
for generally as show
n on the Structure Plan. (v)
Whether
vehicle access
arrangements
to and
from private properties m
inimise w
here practical the num
ber of direct accesses onto Outlet
Road.
W
here practical,
access should
be achieved from
other roads, (vi)
Whether
provision should
be m
ade for
bus stop(s) (now
or in the future).
(c)
In regard to road
an
d s
treet d
esig
ns
(i) W
hether road and street design cross sections show
key dimensions and features of roads and
associated footpaths, rear lanes, cycleways (w
hen relevant and appropriate), on-street parking and storm
water m
anagement infrastructure.
(ii) W
hether road and street design cross sections are show
n to
be proposed
for use
in appropriate
locations reflecting the likely role and function of the road or street.
(iii) W
hether road and street designs will enable safe,
efficient and pleasant use by vehicles, pedestrians and cyclists. C
onsideration should be given to m
atters such as width, footpath availability, traffic
calming m
easures, and cycle lanes. (iv)
The extent to which road and street designs m
ake
a positive contribution to the amenity of the zone.
(v) W
hether, where practical, in Activity Area C
1-C4
the use of kerb and channel is avoided and grass sw
ales utilised. (vi)
The extent to which the types of street trees and
the density
of planting
proposed w
ill aid
in
softening the visual effects of domestication of the
landscape when view
ed from outside of the zone
and contribute to urban amenity and character.
(d)
In regard to o
pen
sp
ace are
as,
ped
estria
n an
d c
ycle
lin
ks
(i) The extent to w
hich public access to places of public
interest and
enjoyment
is created
and enhanced. (ii)
Where
terrain and
site constraints
do not
enable connections
between
streets: safe,
convenient and
attractive w
alking and
cycle connections should be provided if practical.
(iii) Provision of a range of public open spaces, including
larger natural
areas, and
smaller
urban parks and playgrounds.
(iv) The extent to w
hich parks, reserves, walkw
ays and cyclew
ays are comprehensively designed
and laid
out so
as to
create connections
between open spaces and provide alternative
routes in which to navigate the zone w
ithout the use of roads.
(e)
In regard to infra
stru
ctu
re (i)
The extent
to w
hich developm
ent can
be serviced by existing
infrastructure, or
where
upgrades are required, that these upgrades
are planned and managed.
(ii) The extent to w
hich development is staged to
ensure cost effective provision of infrastructure and any required upgrades.
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
12
N
OR
TH
LA
KE
SP
EC
IAL
ZO
NE
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
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PG
-89
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5-7-1
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9
(f) In regard to a
pp
roa
ch
es to
sto
rmw
ate
r dis
po
sal
(i) W
hether, w
here practical,
low
impact
design solutions are em
ployed. (ii)
Whether,
where
possible, safe
and practical
proposals to integrate stormw
ater managem
ent facilities into an attractive public realm
and/or conservation corridors are proposed.
(g) In regard to c
on
serv
atio
n v
alu
es
(i) The extent to w
hich remnant islands of kanuka and
matagouri shrubland are protected.
(h)
In regard to co
nta
min
ate
d s
ites
(i) W
hether any contaminated sites exist that w
ould be a risk to hum
an health or the environment and,
if so, what m
easures have been taken to address these sites.
(ii) W
hether a
Preliminary
Site Investigation
is required to ensure com
pliance with the N
ational Environm
ental Standard for soil contaminants.
(i)
In regard to co
ntro
ls o
n b
uilt fo
rm in
Activ
ity A
rea D
1 (i).
Whether controls are proposed that w
ill ensure that buildings in close proxim
ity to one another will
achieve reasonable levels of amenity and privacy;
(ii). W
hether controls on built form w
ill promote an
attractive streetscape; (iii).
Whether
appropriate m
echanisms,
including consent conditions and/or private covenants, are proposed to ensure controls on built form
will be
adhered to by subsequent house builders and ow
ners.
(j) In regard to R
es
ide
ntia
l A
ctiv
ities in
an
y
of A
ctiv
ity
Are
as B
1 to
B5 a
nd
C1
to C
4, w
here
a c
on
sen
t with
an
O
utlin
e
De
velo
pm
en
t P
lan
h
as
p
revio
usly
b
een
g
ran
ted
un
der R
ule
12.X
.4.3
.i
(i) The extent to w
hich varied consent and Outline
Developm
ent Plan
takes into
account, and
enables integration
with,
existing R
esidential Activities already developed in accordance w
ith the previously
consent and Outline D
evelopment
Plan.
(k) In
regard to
Resid
en
tial,
Vis
itor
Ac
co
mm
od
atio
n,
Co
mm
erc
ial,
Reta
il an
d
Co
mm
un
ity
Ac
tivitie
s
an
d R
etire
men
t V
illag
es
in
Activ
ity
Are
a
D1,
wh
ere
a
c
on
se
nt
with
an
O
utlin
e D
evelo
pm
en
t P
lan
h
as p
revio
usly
b
een
gra
nte
d u
nd
er R
ule
12.X
.4.3
.ii
(i) The extent to w
hich a varied consent and O
utline D
evelopment
Plan
takes into
account, and
enables integration
with,
existing R
esidential, Visitor
Accomm
odation, Com
mercial, R
etail, and C
omm
unity Activities
and R
etirement
Villages already developed in accordance w
ith the previously consent and Outline
Developm
ent Plan. (ii)
The extent to which those activities m
ay be of a nature, scale or frequency that w
ould underm
ine the
integrity of
the co
nse
nt
an
d
Outline
Developm
ent Plan
previously granted
under R
ule 12.X
.4.3.ii.
iv.
Restric
ted
D
iscre
tion
ary
A
ctiv
ity –
Bu
ildin
gs
w
ith
mo
re th
an
thre
e re
sid
en
tial u
nits
with
in
Activ
ity
Are
a
D1 (R
ule
12.X
.4.3
.iii)
(a) W
hether the development positively contributes to
the streetscape through the location and design of
the built form
, carparking, balconies,
ground floor
levels, accessways,
the treatm
ent of
the public/ private interface, and landscaping.
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
12
N
OR
TH
LA
KE
SP
EC
IAL
ZO
NE
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
W
PG
-89
508
5-7-1
20-V
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0
(b) W
hether buildings are able to achieve a high level of
connection w
ith the
street, including
establishing local
character and
evoking visual
interest from street users.
(c)
Whether the design creates a visual connection
between
land uses
and the
street, including
through having window
s that face the street.
(d) W
hether views from
the street into sites are clearly drawn
to land use activities and entrance points, with garages
being a recessive visual feature.
(e) W
hether the visual effect of monotonous or repetitious
facades created by same or sim
ilar unit types have been avoided or m
itigated through articulation of building frontages.
(f)
Whether
the design,
colour and
choice of
building m
aterials will contribute to a coherent them
e for the street and neighbourhood.
(g)
Whether com
munal car parking is designed so that spaces
are broken up and easily identifiable with each unit and
comm
ercial-style continuous parking areas are avoided.
(h) W
hether there are suitable places to store cycles within
residential units
(such as
garages) or
secure and
convenient cycle parking / storage is available for each unit.
(i)
Whether each unit is designed to m
inimise loss of privacy
and nuisance effects between other units, such as by off-
setting window
s in close proximity to one another.
(j)
Whether w
aste and recycling material can be appropriately
stored within the grounds of each area, or convenient,
appropriately sized and designed comm
unal areas for the storage of w
aste are available.
(k) W
hether the
design of
the building(s),
open spaces,
carparking, access,
and landscaping
successfully m
itigates the adverse effects on adjoining properties in term
s of: (i) Noise, vibration and lighting from
vehicles (ii) Protecting privacy for residential neighbours.
(l) W
hether private and public space are clearly demarcated
(m
) W
hether proposals
to utilise
innovative, cost
effective building designs, m
ethods and materials that m
ay support the provision of affordable housing are not unreasonably precluded.
v
. R
estric
ted
Dis
cre
tion
ary
Activ
ity –
Bu
ildin
gs fo
r Vis
itor
Ac
co
mm
od
atio
n,
Co
mm
erc
ial,
Reta
il an
d
Co
mm
un
ity
Activ
ities a
nd
Retire
men
t Villa
ge
s w
ithin
Activ
ity A
rea
D
1 (R
ule
12.X
.4.3
.iv)
(a)
Whether
the design
of the
building(s), open
spaces, carparking,
access, and
landscaping successfully
mitigates
the adverse
effects on
adjoining properties in terms of:
(i) N
oise, vibration and lighting from vehicles
(ii) Protecting privacy for residential neighbours.
(b)
Whether buildings, taking account
of their proposed
location, function
and visibility,
will
make an attractive contribution to the streetscape
or landscape.
(c) W
hether the design, colour and choice of building m
aterials will contribute to a coherent them
e for the
street and
neighbourhood,
in
general accordance w
ith the architectural style shown in
the following im
ages.
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
12
N
OR
TH
LA
KE
SP
EC
IAL
ZO
NE
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
W
PG
-89
508
5-7-1
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1
(d)
Whether the buildings w
ould be attractive when view
ed from
elevated locations inhabited or frequented by people.
(e) W
hether the building is setback from the road or not and
the extent to which it is set back.
(f) W
hether any area set aside for the storage of waste
is adequately
sized and
designed to
enable the
separation, storage and collection of recyclable waste.
(g)
The extent
to w
hich the
outside storage
of any
goods, m
aterials or
equipment
(including vehicles
associated w
ith the
activity parked
on the
site overnight)
would
have an
adverse effect
on the
residential amenity of neighbours or the streetscape.
(h)
Whether any landscaping associated w
ith buildings, for the purposes of m
itigation or beautification, would:
(i)
Result in adverse effects on neighbouring
properties; (ii)
Be practical to maintain.
(i)
Whether sufficient car and cycle parking is available
or proposed either on site or through shared or comm
on areas.
(j)
Whether
car parking
is appropriately
located and
designed.
(k) W
hether the building contributes to the creation of an active street frontage.
(l)
Whether, for buildings w
hich adjoin open spaces, an appropriate interface is achieved w
ith that open space that m
akes the open space feel safe and attractive.
(m)
The extent to which any proposed retail activities are
limited
to sm
all scale
retail activities
intended to
primarily service the local
neighbourhood catchment,
such as dairies, hairdresser, cafés/restaurants and food takeaw
ay shops.
v
i. S
ite S
tan
dard
– N
atu
re a
nd
Scale
of N
on
-Resid
en
tial A
ctiv
ities
(Ru
le 1
2.X
.6.1
.i)
(a) The extent to w
hich the scale of the activity and the proposed use of the buildings w
ill be compatible w
ith the
scale of
other buildings
and activities
in the
surrounding area and will not result in visual dom
inance as a result of the area of buildings used, w
hich is out of
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
12
N
OR
TH
LA
KE
SP
EC
IAL
ZO
NE
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
W
PG
-89
508
5-7-1
20-V
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2
character with the low
density suburban environment.
(b)
The extent to which the character of the site w
ill remain
dominated by landscaping rather than by buildings and
areas of hard surfacing.
(c) The extent to w
hich the activity will result in the loss of
residential activity on the site.
(d) The extent to w
hich the activities on the site remain
dominated by residential activity, rather than by activities
which are not associated w
ith or incidental to residential activity on the site.
(e)
Any adverse effects of the activity in terms of noise,
vibration, glare, loss of privacy, traffic and/or parking congestion.
(f) The extent to w
hich the activity provides a local function by m
eeting the needs of residents principally within
the surrounding residential environment.
(g)
The ability
to m
itigate any
adverse effects
of the
increased scale of activity.
(h) The extent to w
hich the activity will detract from
the coherence
and attractiveness
of the
site as
viewed
from adjoining roads and sites.
(i)
Any adverse effects of the activity on the outlook of people on adjoining sites, including the loss of residential character.
(j)
The extent to which the activity w
ill be compatible w
ith the appearance, layout and functioning of other sites in the adjoining area.
(k)
The ability to mitigate any adverse effects of the activity on
adjoining roads and sites.
(l) The extent to w
hich additional employm
ent will result in
levels of traffic generation or pedestrian activity which are
incompatible w
ith the character of the surrounding residential area.
(m
) The extent to w
hich additional employm
ent is an integral and necessary part of other activities being undertaken on the site and assists in providing alternative hom
e-based
employm
ent
and
income
generating opportunities for residents or occupiers of the site.
v
ii S
ite S
tan
dard
– S
etb
ack fro
m R
oad
s (R
ule
12.X
.6.1
.ii)
(a) The provision of adequate space for landscaping in the vicinity of road boundaries, w
hich will m
itigate the effects of the building intrusion into the street scene;
(b)
The ability
to provide
adequate on-site
parking and
manoeuvring for vehicles;
(c)
The compatibility of proposed building w
ith the appearance, layout
and scale
of other
buildings and
sites in
the surrounding
area, including
the setback
of existing
buildings in the vicinity from road boundaries;
(d)
The proposed building size, form, proportions, roof line,
style and
external appearance
that is
similar
to or
in keeping w
ith those of existing buildings on the site;
(e) The provision of an equal or greater am
ount of open space on the site that contributes to the sense of space and openness as view
ed from public places;
(f)
Significant (more than m
inor) public and pedestrian amenity
values in
terms
of building
appearance and
function resulting from
the setback infringement;
(g)
The extent
and effect
of shadow
ing on
any adjacent
property or public road; and
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
12
N
OR
TH
LA
KE
SP
EC
IAL
ZO
NE
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
W
PG
-89
508
5-7-1
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3
(h) Any likely future increases in the usage of the road.
viii
Site
Sta
nd
ard
– S
etb
ack
s fro
m In
tern
al B
ou
nd
arie
s (R
ule
12
.X.6
.1.iii)
(a)
The ability to mitigate adverse effects of the proposal
on adjoining sites.
(b) The extent to w
hich a lower building coverage m
ay offset or reduce the need to infringe upon the setback.
(c)
The purpose
of the
building or
part of
the building
located within the setback.
(d)
The extent to which topography is considered in regard
to the layout of adjoining sites and effects on access to daylight and sunlight.
ix
. S
ite S
tan
dard
– C
on
tinu
ou
s B
uild
ing
Len
gth
(Ru
le 1
2.X
.6.1
.iv)
(a)
Any adverse effects of the continuous building length in term
s of visual
dominance
by building(s)
of the
outlook from the street and adjoining sites, w
hich is out of character w
ith the local area.
(b) The ability to
mitigate any adverse effects
of the continuous
building length
through increased
separation distances,
screening or
use of
other m
aterials.
x.
Site
Sta
nd
ard
– O
utd
oo
r Liv
ing
Sp
ace
(Ru
le 1
2.X
.6.1
.v)
(a)
The extent
to w
hich the
reduction in
outdoor living
space and/or its location will adversely affect the ability
of residents to provide for the outdoor living needs of likely future residents of the site.
(b) Any alternative provision on, or in close proxim
ity to, the site
for outdoor living
space to
meet
the needs
of
likely future residents.
(c) The extent to w
hich the reduction in outdoor living space or the lack of access to sunlight is com
pensated for by alternative space w
ithin buildings with access to sunlight
and fresh air.
(d) The extent to w
hich provision is made elsew
here within
the zone for comm
unal open space amenity areas. Such
spaces should be easily accessed and well connected to
surrounding activities,
have good
sunlight access
and protection from
prevailing winds.
xi.
Site
Sta
nd
ard
– G
ara
ges (R
ule
12.X
.6.1
.vi)
W
hether the breach of standard would result in:
i.
Visual dominance of the frontage of a residential building
by a garage when view
ed from the street;
ii. The obstruction of sight lines from
the street to window
s of living areas or the m
ain entrance of the house; iii.
The diminishing of the coherence of the design and built
form of the street.
xii
Site
Sta
nd
ard
– W
alls
an
d F
en
ces (R
ule
12
.X.6
.1.v
ii)
(a) W
hether the breach of the standard would result in:
i.
Public places (including streets and parks) appearing less safe or attractive; or
ii. An outcom
e at odds with the character of
the zone; or iii.
The obstruction of sight lines from the street
to window
s of living areas or the main
entrance to the house.
(a) W
hether any measures have been taken to reduce
potential adverse effects, for example through the use
of permeable or transparent fencing m
aterials.
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
12
N
OR
TH
LA
KE
SP
EC
IAL
ZO
NE
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
W
PG
-89
508
5-7-1
20-V
5 12.X‐ 2
4
xiii
Site
Sta
nd
ard
– A
ccess (R
ule
12.X
.6.1
.viii)
(a)
The extent to which alternative form
ed access can be assured to the activity in the long-term
.
(b) The extent to w
hich the level and nature of the use w
ill make it unlikely that access by w
ay of a formed
road will ever be necessary.
xiv
. S
ite S
tan
dard
– E
arth
wo
rks (R
ule
12
.X.6
.1.ix
)
(a) Environm
ental Protection Measures
(i) W
hether and
to w
hat extent
proposed sedim
ent/erosion control
techniques are
adequate to ensure that sediment rem
ains on-site.
(ii) W
hether the
earthworks
will
adversely affect
stormw
ater and
overland flow
s, and
create adverse effects off-site.
(iii) W
hether earthworks w
ill be completed w
ithin a short period, reducing the duration of any adverse effects.
(iv) W
here earthworks are proposed on a site w
ith a gradient >18.5 degrees (1 in 3), w
hether a geotechnical
report has
been supplied
to assess the stability of the earthw
orks. (v)
Whether appropriate m
easures to control dust em
issions are proposed. (vi)
Whether any groundw
ater is likely to be affected, and any m
itigation measures are proposed to deal
with any effects. N
B: Any activity affecting
groundwater m
ay require resource consent from
the Otago R
egional Council.
(b)
Effects on landscape and visual amenity values:
(i) W
hether the scale and location of any cut and fill w
ill adversely affect:
the visual quality and am
enity values of the landscape;
the natural landform
of any ridgeline or visually prom
inent areas;
the visual amenity values of surrounding
sites.
(ii) W
hether the earthworks w
ill take into account the sensitivity of the landscape.
(iii) The potential for cum
ulative effects on the natural form
of existing landscapes. (iv)
The proposed rehabilitation of the site.
(c) Effects on adjacent sites: (i)
Whether the earthw
orks will adversely affect the
stability of neighbouring sites. (ii)
Whether the earthw
orks will change surface
drainage, and whether the adjoining land w
ill be at a higher risk of inundation, or a raised w
ater table. (iii)
Whether
cut, fill
and retaining
are done
in accordance w
ith engineering standards.
(d) G
eneral amenity values:
(i) W
hether the removal of soil to or from
the site w
ill affect the surrounding roads, and neighbourhood through the deposition of sedim
ent, particularly where access to
the site
is gained through residential
areas. (ii)
Whether the activity w
ill generate noise, vibration and dust effects, w
hich could detract from
the amenity values of the
surrounding area. (iii)
Whether natural ground levels w
ill be altered. (iv)
The extent to which the transportation of
soil to or from the site w
ill generate any negative effects on the safety or efficiency of the road netw
ork.
(e) Im
pacts on
sites of
cultural
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
12
N
OR
TH
LA
KE
SP
EC
IAL
ZO
NE
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
W
PG
-89
508
5-7-1
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5
heritage value: (i)
Whether the subject land contains W
aahi Tapu or W
aahi Taoka, or is adjacent to a
Statutory Acknowledgem
ent Area, and
whether
tangata w
henua have
been notified.
(ii) W
hether the
subject land
contains a
recorded archaeological site, and whether
the N
Z H
istoric Places Trust has been
notified.
xv
. S
ite S
tan
dard
– L
an
ds
cap
ing
an
d P
lan
ting
(Ru
le
12.X
.6.1
.x)
W
hether and the extent to which landscaping and / or
planting proposed in breach of the standard will achieve
amenity outcom
es anticipated by the standards from
viewpoints outside of the site.
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
W
PG
-89
508
5-7-1
20-V
5 12.X‐ 2
6
12 N
orthlake Structure Plan
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
W
PG
-89
508
5-7-1
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7
14
Am
end
as u
nd
erlined
belo
w:
14
. T
ran
sp
ort
1
4.2
.4 S
ite S
tan
da
rds
14
.2.4
.1 P
ark
ing
an
d L
oa
din
g …
iv
Pa
rkin
g A
rea a
nd
Acce
ss D
esig
n …
In the LD
R a
nd
MD
R s
ub
zo
nes o
f the T
hre
e P
ark
s Z
on
e a
nd
in th
e
No
rthla
ke S
pecia
l Zo
ne
, all back lanes serving residential units shall be in accordance w
ith the standards set out in NZS 4404:2004 except as
identified in the table below:
width for a m
inimum
length of 6m as m
easured from the legal road
boundary.
(b) N
o back lane shall serve sites with a potential to accom
modate
more than 16 residential units on the site and adjoining sites.
(c)
Back lanes shall have legally enforceable arrangements for
maintenance put in place at the tim
e they are created.
T
he a
ctu
al n
um
ber o
f un
its s
erv
iced
or th
e p
ote
ntia
l nu
mb
er o
f un
its s
erv
iced
by th
e
back
lan
e a
s a
perm
itted
or re
stric
ted
d
iscre
tion
ary
activ
ity, w
hic
he
ver is
the
gre
ate
r.
Min
imu
m
leg
al
wid
th
Maxim
um
le
gal
wid
th
B
ack
lan
es s
erv
icin
g 1
to 1
6 re
sid
en
tial u
nits
5 metres
6 metres
Provided that:
(a) W
here any back lane adjoins a local distributor or higher road in the hierarchy, including a State H
ighway, it shall have a 6m
legal
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
W
PG
-89
508
5-7-1
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8
15
Am
end
as u
nd
erlined
belo
w:
15
. S
ub
div
isio
n,
Develo
pm
en
t an
d
Fin
an
cia
l Co
ntrib
utio
ns
A
dd
new
po
licie
s u
nd
er O
bje
ctiv
e 5
– A
men
ity P
rote
ctio
n
Policies:
5.9
To re
qu
ire th
at s
ubd
ivis
ion
with
in th
e N
orth
lake S
pecia
l Zone
be
consis
ten
t with
the N
orth
lake S
tructu
re P
lan.
5.10
To e
nsure
subdiv
isio
n w
ithin
the N
orth
lake S
pecia
l Zo
ne
im
ple
ments
th
e obje
ctiv
es and polic
ies fo
r th
e N
orth
lake S
pecia
l Z
one in
Part 1
2.X
.
15
.2.3
.3
Dis
cre
tion
ary
Su
bd
ivis
ion
Ac
tivitie
s
Am
en
d a
s fo
llow
s:
E
xcep
t where specified as a C
ontrolled Activity in R
ule 15.2.3.2 above, and except w
here specified as a non-complying A
ctivity in 15.2.3.4 below:
…
….
(ix)
Within the N
orthlake Special Zone – any subdivision of any of Activity Areas B1 to B5, C
1 to C4 and D
1 into more than one lot prior to a
grant of consent for the relevant Activity Area under Rule 12.X
.4.3.i or R
ule 12.X.4.3.ii.
(x)W
ithin the Northlake Special Zone any subdivision shall be a
Restric
ted
D
iscre
tion
ary
A
ctiv
ity w
ith the Council's discretion
restricted to:
(a) The extent to w
hich the subdivision is consistent with the
Northlake
Structure Plan
and any
relevant consent's
Outline
Developm
ent Plan
consented under
Rule
12.X.4.3.i or R
ule 12.X.4.3.ii;
(b)
The extent to which the subdivision w
ould undermine
the integrity of
the N
orthlake Structure
Plan and
any relevant consent's O
utline Developm
ent Plan consented under R
ule 12.X.4.3.i or R
ule 12.X.4.3.ii;
(c)
Those m
atters in
respect of
which
the C
ouncil has
reserved control under Rule 15.2.3.2.
15
.2.3
.6
As
se
ss
me
nt M
atte
rs fo
r Re
so
urc
e
Co
ns
en
ts
Ad
d th
e follo
win
g:
……
(d
) N
orth
lake
Sp
ec
ial Z
on
e –
Asses
sm
en
t Matte
rs
(i)
In considering whether to grant consent for subdivision in accordance
with R
ule 15.2.3.3(ix) the Council shall have regard to, but not be
limited by, the follow
ing assessment m
atter:
(a) The
extent to
which
the proposed
subdivision m
ay preclude or adversely affect the integrated planning and developm
ent, development and approval of any of Activity
Areas B1 to B5, C
1 to C4 and D
1.
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
W
PG
-89
508
5-7-1
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9
Zo
ne
Min
imu
m L
ot A
rea
Northlake Special Zone
Activity Areas A & C4
4000m2
Activity Area C1
1200m2
15
15
.2.6
.3
Zon
e Su
bd
ivision
Stand
ards – Lo
t Sizes and
D
imen
sion
s
Ad
d
the
follo
win
g
to
the
tab
le
in
Zo
ne
Su
bd
ivis
ion
S
tan
dard
15.2
.6.3
i(a):
(xiii)
Within the N
orthlake Special Zone:
(a) The extent to which additional developm
ent will adversely affect the
operation of the Outlet R
oad/Aubrey Road intersection (including
walkw
ay/cycleway crossing paths).
(b) The num
ber and design of vehicle accesses from Activity Area C
4 onto Aubrey R
oad.
15
.2.6
.4
As
se
ss
me
nt
Ma
tters
fo
r R
es
ou
rce
C
on
se
nts
A
dd
the fo
llow
ing
as Z
on
e S
ub
div
isio
n S
tan
da
rd 1
5.2
.6.3
xi:
(x
i) W
ithin
the N
orth
lak
e S
pecia
l Zo
ne A
ctiv
ity A
rea E
1 s
hall b
e
held
in n
ot m
ore
than
on
e a
llotm
en
t.
15
.2.8
P
rop
erty
Ac
ce
ss
A
dd
the fo
llow
ing
Zo
ne S
tan
dard
15.2
.8.2
A:
15.2
.8.2
A Z
on
e S
ub
div
isio
n S
tan
da
rds – N
orth
lak
e S
pecia
l Z
on
e –
Ac
ce
ss o
nto
Au
bre
y R
oa
d
Ad
d th
e fo
llow
ing
as A
ssessm
en
t Matte
r 15.2
.6.4
i(j):
i L
ot S
ize a
nd
Dim
en
sio
ns
…
(j) W
ithin the Northlake Special Zone, w
hether and the extent to w
hich the lot size: (i)
Can
be achieved
without
undermining
or adversely affecting desirable outcom
es promoted
by any
relevant consent
with
an O
utline D
evelopment
Plan.
(ii) W
ill achieve
greater efficiency
in the
development and use of the land resource.
(i) N
o ad
ditio
nal
veh
icle
access sh
all
be cre
ate
d fro
m A
ctiv
ity
Are
a A
on
to A
ub
rey R
oad
.
15
.2.8
.3
As
se
ss
me
nt
Ma
tters
fo
r R
es
ou
rce
Co
ns
en
ts
Ad
d th
e fo
llow
ing
:
(iii) W
ill assist in achieving affordable or com
munity housing.
(iv)
Can be adequately serviced w
ithout adverse effect on infrastructural capacity.
(v)
Will achieve residential am
enities such as privacy and good solar orientation.
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
W
PG
-89
508
5-7-1
20-V
5 12.X‐ 3
0
15
Ad
d th
e fo
llow
ing
Zo
ne S
tan
dard
15.2
.16.3
15
.2.1
6
Op
en
Sp
ac
e a
nd
Re
cre
atio
n
……
…
15.2.16.3 Zo
ne
Su
bd
ivis
ion
Sta
nd
ard
– N
orth
lak
e
Sp
ec
ial Z
on
e - C
om
mu
nity
Fac
ilities
(i)
This rule applies to subdivision of land situated north of Aubrey R
oad, W
anaka, w
hich is
zoned N
orthlake Special
Zone (“N
orthla
ke”) (excluding Activity Area A) as show
n on Planning M
aps 18,
19 and
20 in
addition to
any other
applicable subdivision rules.
(ii)
There shall be no restriction under this rule on the first stage(s) of subdivision w
hich create a total of up to 50 individual residential lots w
ithin Northlake (excluding Activity Area A). This rule only
applies to any subsequent subdivision that creates a total of more
than 50 residential lots within N
orthlake.
(a) C
omm
unity facilities' means an indoor 20m
– 25m lap pool, a
fitness/gym facility, a children's play area, and at least one
tennis court.
(b) ' Operational'
includes operating
on a
comm
ercial basis
requiring payment of com
mercial user charges as determ
ined by the com
mercial operator.
(c) ' Available to the public' m
eans open and available for use by any m
ember of the public w
illing to pay the relevant user charges for such facilities (excluding the play area w
hich is likely to be free).
(d)
The C
ouncil shall
impose
a condition on any resource
consent enabling
the construction
and operation
of the
comm
unity facilities requiring them to be available to the
public as detailed in this rule.
(iii) N
o resource consent shall be granted for any subdivision that will
result in the cumulative total creation of m
ore than 50 residential lots w
ithin Northlake unless the com
munity facilities detailed in
subclause (iv) below have been constructed and are operational
and available to the public, or any such resource consent includes
a condition
requiring that
the com
munity
facilities detailed in subclause (iv) below
must be com
pleted, operational and available to the public prior to the issuing of any s224c certificate in respect of such subdivision (excluding Activity Area A).
(iv) For the purposes of this rule:
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
W
PG
-89
508
5-7-1
20-V
5 12.X‐ 3
1
15
Ad
d th
e fo
llow
ing
Zo
ne S
tan
dard
15.2
.20
1
5.2
.20
Affo
rda
ble
Re
sid
en
tial L
ots
15
.2.2
0.1
Z
on
e S
ub
div
isio
n S
tan
dard
– N
orth
lak
e
Sp
ec
ial Z
on
e
(i) The development of Activity Area D
1 shall result in 20 affordable lots. For the purpose of this rule:
(a) ‘a
fford
able
lots
’ m
eans a
residential lot,
capable of
accomm
odating a 3 bedroom residential unit, w
hich is m
arketed for sale at a maxim
um price of $160,000.00
adjusted annually to account for inflation in accordance w
ith the Consum
er Price Index from an initial date of 1
January 2014.
(b) A residential lot used for retirem
ent village purposes shall not be deem
ed to meet this requirem
ent.
(c) A legal m
ethod must be im
plemented w
hich will ensure
that each of the required 20 affordable lots are delivered to the m
arket. That legal method m
ust include a three month
option in favour of the Queenstow
n Lakes Com
munity
Housing Trust w
hereby the Trust may purchase the lot or
nominate the purchaser of the lot.
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
W
PG
-89
508
5-7-1
20-V
5 12.X‐ 3
2
7 –
Ru
ral R
esid
en
tial a
nd
30 litres
50 litres R
ura
l Life
sty
le o
nly
8.1
20 litres
20 litres 8.2
20 litres
20 litres
16
Am
en
d a
s u
nd
erlin
ed
belo
w
16
. Hazard
ou
s S
ub
sta
nces
…
…
16
.2 H
azard
ou
s S
ub
sta
nc
es R
ule
s
…
T
AB
LE
1 : Q
UA
NT
ITY
LIM
ITS
FO
R H
AZ
AR
DO
US
SU
BS
TA
NC
ES
ID
EN
TIF
IED
IN S
CH
ED
UL
E 1
R
ES
IDE
NT
IAL
, RU
RA
L L
IFE
ST
YL
E A
ND
RU
RA
L R
ES
IDE
NT
IAL
Z
ON
ES
, NO
RT
HL
AK
E S
PE
CIA
L Z
ON
E A
ND
AC
TIV
ITY
AR
EA
S 1
, 2A
, 2B
, 2C
, 4, 6
& 7
OF
TH
E R
EM
AR
KA
BL
ES
PA
RK
ZO
NE
Schedule 1 Class
Colum
n A C
olumn B
1a
1 –
sto
rag
e o
nly
N
il N
il 1b
1 –
sto
rag
e o
nly
15 kg
15 kg 2
250 litres 10,000 litres
3a
2
50 litres 50 litres
3b
, 3c
1200 litres 1200 litres
3u
1200 litres -
1200 litres - 3b, 3c only
3b, 3c only 4.1
10 kg
10 kg 4.2
, 4.3
100 kg
100 kg 5.1
100 kg
100 kg 5.2
5 kg
5 kg 6
20 litres 20 litres
7 –
exc
ep
t for R
esid
en
tial a
nd
10 litres
10 litres R
ura
l Life
sty
le
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
Pro
po
sed
No
rthlake Sp
ecial Zon
e – P
ost D
ecision
Versio
n 30
/09/15
W
PG
-89
508
5-7-1
20-V
5 12.X‐ 3
3
18
Am
en
d a
s u
nd
erlin
ed
belo
w:
18
. Sig
ns
18
.2
Sig
ns - R
ule
s
18
.2.5
Z
on
e S
tan
dard
s
(ii) O
ther S
ign
s
(a) Standards:
S
ign
Typ
e M
axim
um
Are
a A
dd
ition
al
Above G
round Floor Signs
2 m²
A
rcade Directory S
ign 3 m
² S
hall list only the names of
the occupiers of the arcade. S
hall be displayed at the entrances to the arcade only.
Upstairs E
ntrance Sign 1.5m
² S
hall contain only the name
of the activity of the occupier using that entrance.
Above V
erandah Signs
2 m²
LOW
D
ENSITY
R
ESIDEN
TIAL,
LOW
D
ENSITY
A
ND
M
EDIU
M
DEN
SITY
RESID
ENTIA
L SUB
ZON
ES (THR
EE PA
RK
S ZON
E), HIG
H D
ENSITY
RESID
ENTIA
L, TH
E TOW
N C
ENTR
E TRA
NSITIO
N SU
B‐ZO
NE, R
ESIDEN
TIAL A
RR
OW
TOW
N
HISTO
RIC
MA
NA
GEM
ENT, R
UR
AL R
ESIDEN
TIAL ZO
NES, R
EMA
RK
AB
LES PA
RK
ZON
E (excep
t Activity A
reas 3, 5
and
8), B
ALLA
NTY
NE R
OA
D M
IXED
USE
ZON
E AC
TIVITY
AR
EAS D
AN
D E A
ND
AC
TIV
ITY
AR
EA
S 1
, 3 A
ND
4 O
F T
HE
KIN
GS
TO
N V
ILL
AG
E S
PE
CIA
L Z
ON
E, N
OR
TH
LA
KE
SP
EC
IAL
ZO
NE
.
•
have a maxim
um area of 0.5 m
²
• either be attached to a building or be free-standing
(ii)
If the sign is located at the front of the site it shall:
• not project over any road or service lane
•
not extend over any footpath unless
(b) it is at least 2.5 m
above the footpath
(c) it does not extend m
ore than 1m over a footpath
(iii)
Notw
ithstanding (i) above signage for recreation grounds, churches,
medical facilities, nursing hom
es, educational institutions and com
munity buildings shall have a m
aximum
of 2m²
per site and either by attached or by free-standing
(iv) N
otwithstanding (i) above, visitor accom
modation in R
esidential Zones m
ay have two signs at each separate entrance/exit:
-
One sign w
hich identifies the site and has a maxim
um area of
2m²
-
One sign w
hich contains the words
‘vacancy’ and
‘no and
does not exceed 1m x 0.15m
in dimension.
(i) O
n any site signage shall:
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
WP
G-8
950
85-7
-12
0-V5
Vo
lum
e 3
– P
lan
nin
g M
ap
s
Pla
nn
ing
Map
s 1
8, 1
9 a
nd
20
are
to b
e a
men
ded
to s
ho
w th
e N
orth
lak
e S
pe
cia
l Zo
ne
co
ve
ring
the
follo
win
g a
rea:
P
rop
ose
d N
orth
lake Sp
ecial Zon
e –
Clo
sing Su
bm
ission
Versio
n 0
1/05/1
5
WP
G-8
950
85-7
-12
0-V5
The contents of this documentation are
strictly subject to the terms and conditions
of the disclaimer contained at the front of
this documentation. P
rospective purchasers m
ust accordingly read and acquaint them
selves with the disclaim
er prior to reading the docum
entation
Zone Boundaries Specific
792 Aubrey Road, Wanaka
www.bayleys.co.nz MAT ANDREWS REAL ESTATE LTD, BAYLEYS, LICENSED UNDER THE REA ACT 2008
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation.
Aubrey
Road
B5
17.5 Ha
E3
4.2 Ha
C4
8.6 HaD1
17.6 Ha
C3
4.6 Ha
E2
2.6 Ha
C2
1.3 Ha
B4
14 Ha
A30 Ha
Outle
t Road
Outlet Road
Tree Protection Areaand Building Restriction Area
Hikuwai Reserve
Clutha River
Client & Location: Purpose & Drawing Title:
WANAKA 19 Reece Crescentor P.O. Box 283Wanaka 9343T 03 443 0110E [email protected]
W4276Job No:
100 ASheet No: Revision No: Date Created:
Drawn by:
Checked by:
Approved by:
Surveyed by: Scale:
A3
Original Size:
TM
DW
DW
Designed by:
15/04/2016
Marketing Plan
Showing As Staked Locations792 Aubrey Road
Wanaka
1:4000 @ A3
DO NOT SCALE
© COPYRIGHT. This drawing, content and
design remains the property of Paterson Pitts
Group Limited and may not be reproduced in
part or full or altered without the written
permission of Paterson Pitts Group Limited.
This drawing and its content shall only be
used for the purpose for which it is intended.
No liability shall be accepted by Paterson
Pitts Group Limited for its unauthorized use.
Information on Zoning, Further Subdivision Zoning
C.4 Zoning - Minimum Lot Area 4000m²
B.5 Zoning - Minimum Lot Area 1000m²
E.3 Zoning - Building Restriction Area and Tree Protection Area (TPA)
Northlake Tree Protection rules relevant to 792 Aubrey Road, 93ha (approx)
There are three relevant rules. These are described below:
The list of Protect Trees in Wanaka (Appendix A3) includes:
TPA4 Northlake Structure Plan, Northlake Special Zone, Part 12 of the District Plan
Mosaic of mixed age pines with fringe and understorey kanuka and minor coprosma and matagouri at the western end and on the southern side, plus a group of mainly mature kanuka, groups of plantation pines, and some Douglas Firs.
Lot 1 DP 27290 (which includes the future legal description of any subdivided part of that lot which contains any part of Tree Protection Area TPA4, including any lot which qualifies as an urban environment allotment as defined in s76(4C) of the Act).
1. Rule 12.34.2.2 (iii) - The removal and/or felling of a tree which is within a Tree Protection Area shown on the Northlake Structure Plan and which is described in the Schedule "Protected Trees – Wanaka" in the Inventory of Protected Features in Appendix A3
The removal of such trees requires resource consent as a controlled activity, so would in normal
circumstances be approved by Council without notification.
2. Rule 12.34.2.5 (x) - The removal and/or felling of a tree which is within a Tree Protection Area
shown on the Northlake Structure Plan and which is described in the Schedule "Protected Trees –
Wanaka" in the Inventory of Protected Features in Appendix A3, other than as approved under
Rule 12.34.2.2.iii
In this circumstance the removal of trees in the Tree Protection Area would require resource consent as
a Non-Complying Activity. Applications for non-complying activities must be considered to be not
contrary to the objectives and policies of the District Plan or have environmental effects that are not
more than minor in order for consent to be granted. Such applications can be processed on a notified or
non-notified basis and can be granted or refused. The difference in the wording of the rule is only in the
final part of the sentence.
3. Rule 12.34.2.5 (vii) Building Restriction Area (including Tree Protection Area) – Activity Areas E1-
E4 Any building (including buildings ancillary to residential use) and any domestic curtilage
activities, including gardens, paved areas, and parking (except for the purpose of vehicle access)
in Activity Areas E1-E4.
Buildings and other development (except vehicle access) in the Tree Protection Area also requires
resource consent as a Non-Complying Activity , and so would be subject to the same assessment as 2.
Wanaka" in the Inventory of Protected Features in Appendix A3, other than as approved under
Rule 12.34.2.2.iii
In this circumstance the removal of trees in the Tree Protection Area would require resource consent as
a Non-Complying Activity. Applications for non-complying activities must be considered to be not
contrary to the objectives and policies of the District Plan or have environmental effects that are not
more than minor in order for consent to be granted. Such applications can be processed on a notified or
non-notified basis and can be granted or refused. The difference in the wording of the rule is only in the
final part of the sentence.
3. Rule 12.34.2.5 (vii) Building Restriction Area (including Tree Protection Area) – Activity Areas E1-
E4 Any building (including buildings ancillary to residential use) and any domestic curtilage
activities, including gardens, paved areas, and parking (except for the purpose of vehicle access)
in Activity Areas E1-E4.
Buildings and other development (except vehicle access) in the Tree Protection Area also requires
resource consent as a Non-Complying Activity , and so would be subject to the same assessment as 2.
Certificate of Title
www.bayleys.co.nz
MAT ANDREWS REAL ESTATE LTD, BAYLEYS, LICENSED UNDER THE REA ACT 2008
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation.
Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation.
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation
Tender Protocols
www.bayleys.co.nz MAT ANDREWS REAL ESTATE LTD, BAYLEYS, LICENSED UNDER THE REA ACT 2008
The contents of this documentation are strictly subject to the terms and conditions of the disclaimer contained at the front of this documentation. Prospective purchasers must accordingly read and acquaint themselves with the disclaimer prior to reading the documentation.
Best Practice Guide - Tender, V1.1, 11 October 2013 1 of 2
DISCLAIMER: The information contained in this document is not intended to form professional legal advice or legal opinion on any particular matter.
1.0 General 1.1 Members should ensure compliance at all times with the provisions of the Fair Trading Act 1986, the Commerce Act 1986,
the Real Estate Agents Act 2008, the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 and the Rules of the Real Estate Institute of New Zealand Inc.
1.2 Members should not engage in any conduct which is misleading or deceptive or is likely to mislead or deceive prior to, during or after the sales process.
1.3 Members should endeavour to conduct a sale by tender in a manner that does not result in a sale prior to the tender closing date wherever possible.
1.4 Nothing in this Guide limits or diminishes members’ obligations to report suspected misconduct or unsatisfactory conduct of a licensee to the Real Estate Agents Authority as required under the Real Estate Agents Act 2008 and/or its regulations.
2.0 Sale by Tender 2.1 Members should not use the expression "sale by tender" or any similar wording or engage in a process for sale by tender
unless the process is one in which the seller invites confidential offers for the purchase of land or a business upon terms which include statements:
(a) as to date and time for closing of offers, and (b) that offers shall remain unopened until that date and time, and (c) that the price stated is without any reference to the price stated in any other tender(s). 3.0 Authority to Sell 3.1 Members should not commence a sale by tender unless a written authority for sale by tender has been signed by or on
behalf of the seller. 3.2 Members should submit a copy of this Guide to prospective sellers prior to accepting instructions for sale by tender. 3.3 Prior to advertising a sale by tender, members should agree with the seller on the form of the particulars and conditions of
sale by tender to be used and should provide each tenderer with a copy of the agreed Particulars and Conditions of Sale by Tender.
3.4 Where the seller has reserved the right to sell the property prior to, during or after the opening of tenders, the member should ensure that a written authority is obtained from the seller confirming such method of sale. In these situations, the particulars and conditions of sale by tender referred to in paragraph 3.3 should be carefully drafted to reflect the tender process chosen by the seller.
4.0 Marketing 4.1 In advertising a property for sale, members should use the words "tender" or "for sale by tender" and should not use any
qualifying words or expressions such as "open" or "closed." 4.2 Members should ensure that the tender process being utilised by the seller is made clear in all promotional materials,
advertising and representations. 4.3 Where the seller has elected to reserve the right to sell the property prior to, during or after the opening of tenders, then
any advertising carried out by the member on behalf of the seller should state this method clearly. The appropriate phrase to insert in the advertising may be “tender unless sold by private treaty” which reflects the reference to the sale taking place prior to, during or after the opening of tenders.
Best Practice Guide Tender
Best Practice Guide - Tender, V1.1, 11 October 2013 2 of 2
5.0 Receiving of Tenders 5.1 Members should ensure that all tenders (howsoever received) are placed in a sealed (tender) envelope and that
immediately upon receipt; the envelope is marked with the address or other appropriate identification of the property, the date and time of receipt. Members should ensure that all tenders are deposited and held by the member in a secure and confidential manner until the Closing Date and Time.
5.2 Members should keep and maintain a register for all tenders received, and should, on request by the tenderer, provide a written acknowledgement for the tender received, identifying the property and the date and time the tender was lodged. Members should ensure that the register is held in a secure and confidential manner at all times.
5.3 Members should ensure that the tenders, tender envelopes or envelopes for records of payment for deposits are not opened by any person for any reason whatsoever prior to the Closing Date and Time.
5.4 Where the seller has elected to reserve the right to sell the property prior to, during or after the opening of tenders then the member should notify each tenderer of this election by the seller at the time that the member is approached by a tenderer for information about the tender and also at the time that the tenderer submits the tender in accordance with the provisions of this clause 5.
6.0 Opening of Tenders 6.1 After the Closing Date and Time, all tenders should be opened by the member or the member’s representative in the
presence of the seller or the seller's nominated representative. 6.2 Members should ensure that they identify for the seller or the seller’s representative all tenders that do not comply with
the Particulars and Conditions of Sale by Tender. 6.3 Members should ensure that all tenders, including the identity of the tenderer, will be kept secure and confidential and
that the details of any tender (whether successful or unsuccessful) will not be divulged to any other tenderer or third party, save that statistical data may be provided to the Real Estate Institute of New Zealand Inc.
6.4 Members should ensure that all unsuccessful tenderers are notified and deposits returned within two (2) working days of a tender being accepted or the tender process being terminated.
TENDER PROTOCOL IMPORTANT NOTE: The tender protocol to be observed in respect of the sale of the Property shall be either: (a) No Right to Sell Prior (the Vendor does not have the right to sell prior to the Closing Date and Time); or (b) Right to Sell Prior Form (the Vendor has the right to sell prior to the Closing Date and Time). If neither option is deleted on the front page then the tender protocol in respect of the sale of the Property is deemed to be No Right to Sell Prior.
TENDER PROTOCOL
(NO RIGHT TO SELL PRIOR)
1. The Vendor, the Licensed Real Estate Agent Acting for Vendor and the Licensee acting shall not disclose the details of a tender to any other tenderer.
2. Tenderers are encouraged to submit their highest and best offers by the Closing Date and Time, it being
acknowledged that the Vendor is not obliged to accept any of the tenders and that the Vendor may negotiate with one tenderer to the exclusion of the others.
3. Tenders will be submitted into locked tender boxes and in sealed envelopes only and shall remain unopened
until the Closing Date and Time. 4. Tenders will be collected from the tender box by one of the specified independent Bayleys management
personnel or sent via facsimile to a confidential Bayleys fax line. 5. The Licensee Acting plus one of the specified independent Bayleys personnel must be present at the
opening of tenders. Tender details will be entered onto a basic matrix and this will be submitted to the Vendor for the Vendor’s consideration.
6. The Vendor will not sell the Property, and no offer will be accepted or entertained by the Vendor, prior to the
Closing Date and Time. 7. Following the Closing Date and Time, the Vendor may choose to accept any tender at the Vendor’s sole
discretion. 8. In the event that none of the tenders are acceptable to the Vendor the Vendor may elect to instruct the
Licensee Acting to re-visit any one tender (the “preferred tender”). The preferred tender will be determined at the sole discretion of the Vendor.
9. The preferred tender will be re-visited to the exclusion of ALL other tenders. 10. The tenderer holding the preferred tender will be given the opportunity to re-submit his, her or its tender on
either the same or revised terms by 4.00pm on the day following notification that he, she or it is the preferred tenderer (or within a revised timeframe agreed by both the Vendor and tenderer, not being later than eight (8) Working Days after the Closing Date and Time).
11. The Vendor may choose to accept the resubmitted tender or continue negotiations with the preferred tender
ONLY. 12. In the event that negotiations with the preferred tenderer cannot be successfully concluded the Licensee
Acting MUST revisit ALL tenderers who submitted tenders and give the tenderers the opportunity to resubmit their tenders either on the same or revised terms by 4.00 pm on the day following notification or such other timeframe as the Vendor may stipulate (but not being later than eight (8) Working Days after the Closing Date and Time).
13. If, following negotiations, the Vendor has not accepted a tender, the Licensee Acting will advise the
introducing licensees that all tenders submitted are unacceptable, that the tender process is at an end and that any further negotiations will proceed on a private treaty basis only.
14. Following the Closing Date and Time, and until a tender is accepted or the tender process has been
completed, the Licensee Acting will keep the introducing licensees informed as to the tender progress.
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