Property Information Memorandum 792 Aubrey Road, Wanaka

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


www.bayleys.co.nz


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


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


Sale and Purchase Agreement


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.


(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.


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:


(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.

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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.

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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.


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.


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.


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


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



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


























































Northlake Special Zone Conditions

www.bayleys.co.nz




12

N

OR

TH

LA

KE

SP

EC

IAL

ZO

NE

Pro

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sed

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rthlake Sp

ecial Zon

e – P

ost D

ecision

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5-7-1

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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.









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.









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.









entation

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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;









entation

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(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









entation

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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:









entation

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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.









entation

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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









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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









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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









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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









entation

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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









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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)


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)


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









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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









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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









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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









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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.









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(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.









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(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.









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(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









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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









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(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.









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

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ecision

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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









entation

12

N

OR

TH

LA

KE

SP

EC

IAL

ZO

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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.









entation

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12 N

orthlake Structure Plan









entation

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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









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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.









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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.









entation

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sed

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rthlake Sp

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e – P

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ecision

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5-7-1

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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:









entation

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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.









entation

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rthlake Sp

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e – P

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ecision

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5-7-1

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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









entation

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ecision

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5-7-1

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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

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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:









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Zone Boundaries Specific




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

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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






Tender Protocols



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.

Documents

Property Information Memorandum 792 Aubrey Road, Wanaka