An agreement to protect, maintain and enhance the natural character of Te Ohu, North Hokianga.
OPEN SPACE COVENANT
(Under Section 22 of the Queen Elizabeth the Second National Trust Act 1977)
WHEREAS the QUEEN ELIZABETH THE SECOND NATIONAL TRUST established by the Queen Elizabeth the Second National Trust Act 1977 is authorised by that Act to obtain open space covenants over any private land / or any land under Crown Lease
AND WHEREAS MARY ANN BRYERS, and LEONARD ANTHONY WATKINS are registered as proprietors of an estate as set out in the Schedule of Land attached hereto and have agreed to enter into an open space covenant with the Trust for the purpose and objectives set out in the Covenant
NOW THEREFORE THIS COVENANT WITNESSES that the Covenantor and the Board have mutually agreed to enter into this Covenant in respect of the said Land having regard to the purposes, terms and conditions set out in the Covenant
THIS COVENANT FURTHER WITNESSES THAT THE COVENANTOR AND THE TRUST HAVE MUTUALLY AGREED:
a) To comply respectively with the terms and conditions set out in the Covenant and with every applicable provision of the Act;
b) The Covenant shall bind the Land in perpetuity;
c) That if any question arises in the management of the Land that is not clearly covered in the Covenant then that question shall be resolved by the parties hereto in a manner which does not diminish the purpose of the Covenant.
TE OHU OPEN SPACE COVENANT
An agreement to protect, maintain and enhance the natural character of Te Ohu, North Hokianga.
This agreement shall be known as the Te Ohu Open Space Covenant.
In this Covenant unless the context requires otherwise, -
"Act" means the Queen Elizabeth the Second National Trust Act 1977, and extends to and includes any amendment to, or substitution for that Act.
"Board" means the board of directors of the Trust in terms of Section 4 of the Queen Elizabeth the Second National Trust Act 1977.
"Chief Executive" means the person appointed under Section 18(1)9a) of the Queen Elizabeth the Second National Trust Act 1977.
"Covenantor" is the Owner of the Land who enters into the agreement with the Trust by executing this Deed.
"ecosystem" means the system of relationships of organisms to one another and to their surroundings.
"fauna" means birds, insects, skinks, snails and other living organisms which have traditionally been part of the Te Ohu ecology. It does not include kiore, kuri or poaka puihi.
"flora" means vegetation cover which has traditionally been part of the Te Ohu ecology. Within Te Ohu there are distinct ecological differences. These should be maintained.
"indigenous" means belonging to a particular locality. In this Covenant it means belonging to Te Ohu.
"kaitiaki" means a person or body bonded to the land through a loving relationship which causes them to seek only the good of the land.
"Kaitiaki taonga a papatuanuku " means a conservationist.
"the Land" means Section 7, Block II, Hokianga Survey District, CT NA 1570/74
"livestock" means cattle, sheep, and goats. It does not include horses.
"Open space" means any area of land or body of water that serves to preserve or to facilitate the preservation of any landscape of aesthetic, cultural, recreational, scenic, scientific, or social interest or value.
"Owner" means the person or persons who from time to time are registered as the proprietors of "the Land".
"subdivision" means a subdivision as defined in the Resource Management Act 1991. It does not include any division of the land for management purposes.
"the Trust" - means the Queen Elizabeth the Second National Trust established by Section 3 of the Queen Elizabeth the Second National Trust Act 1977.
"wairua" means the life force which sustains Te Ohu.
3 Purpose and objectives
3.1 The Covenantor and the Trust mutually agree to protect, maintain and enhance the natural character of the Land in perpetuity and to act as Kaitiaki of the wairua of the Land.
3.2 The Covenantor and the Trust mutually agree to protect, maintain and enhance wetland and other ecosystems, the indigenous flora, the indigenous fauna, and the indigenous biodiversity of the Land.
3.3 The Covenantor and the Trust mutually agree to recognise, respect and safeguard the whakapapa of the Land and to protect the spiritual and cultural integrity of the Land.
3.4 The Covenantor and the Trust mutually agree to encourage the restoration of the indigenous vegetation cover on the Land
3.5 The Covenantor and the Trust mutually agree to seek to make the Land autonomous.
4 Action for the benefit of the Land
4.1 The owner is encouraged to provide such minimal access, structures and facilities as may be necessary for the management, interpretation, appreciation and enhancement of the ecological and cultural values of the site in accordance with the purpose and objectives of the Covenant.
4.2 The Owner is encouraged to collect and remove propagules from seedlings of indigenous trees, shrubs or other plants for propagation for ecological restoration provided this activity does not result in any adverse impact on the natural values protected by this Covenant.
4.3 The Owner or the Trust may at any time by mutual agreement carry out any works or improvements or take any action either jointly or individually or vary the terms of this Covenant to ensure the more appropriate preservation of the land as an open space in terms of the Act provided however that such variation is not contrary to the purpose and objectives of this Covenant or Section 22A of the Act.
4.4 The owner may form and maintain minimal access to and on the Land in a manner which will provide the least possible disturbance to the Land in accordance with the Management Plan.
4.5 The owner may establish an accommodation building together with associated amenity facilities and an access way thereto.
4.6 The Owner may after consultation with the Trust trim such vegetation as may be agreed in order to preserve light to and view from or to control encroachment of vegetation on to buildings on the Land.
4.7 The owner may be buried on the Land.
4.8 A zero-waste strategy shall be adopted for the site. In nature there is no waste.
5 Restrictions for the benefit of the Land
5.1 No act or thing shall be done or placed or permitted to be done or remain upon the Land which materially degrades the ecological health of the Land.
5.2 Except as outlined in 4 or with the prior written consent of the Board the Owner agrees not to, and except with the prior written consent of the Owner the Board agrees not to:
a) Fell, remove, burn or take any indigenous flora of any kind except for the purpose and objectives of the Covenant.
b) Plant, sow or scatter any trees, shrubs or plants, or the seeds of any trees, shrubs or plants other than local indigenous flora except for such minimal fruit and nut trees as will serve the purpose and objectives of the Covenant.
c) Introduce any substance injurious to plant life except for the control of pests.
d) Blast, move or remove any rock or stone or disturb the geological integrity of the ground other than for the purpose and objectives of the Covenant.
e) Construct, erect or allow to be erected, any buildings except for the purpose and objectives of this Covenant.
f) Erect, display or permit to be erected or displayed any sign, notice, hoarding or advertising matter of any kind except for signs identifying the Covenant or to indicate walking tracks or to serve the purpose and objective of the Covenant.
g) Carry out any prospecting or exploration for, or mining or quarrying of, any minerals, petroleum, or other substances or deposit.
h) Effect a subdivision of the Land.
i) Allow any livestock on the Land.
j) Cause deterioration in the natural flow, supply, quantity or quality of any river, stream, lake wetland, pond, marsh or any other water resource affecting the land. This does not preclude taking positive action to attract native birds.
5.3 In considering any request by the Owner for an approval in terms of Clause 5.2 hereof, the Board will not unreasonably withhold its consent.
6 Activities unaffected by the Covenant
6.1 The Covenant does not limit any rights the owner may have to draw water from natural sources on the land.
7 Use of the Land by Third Parties
7.1 If notified by any authority, body or person of an intention to erect any structure or carry out any other work on the Land the Owner agrees:
a) to inform the authority, body or person of this Covenant;
b) to inform the Trust as soon as possible; and
c) not to consent to the work being done without consulting the Trust.
8 Entry and access to and on the Land
8.1 Members of the public, with prior permission from the Owner, shall have freedom of entry and access to the Land provided that
a) The Owner shall have regard to the purpose and objectives of the Covenant in considering any request for entry and access.
b) The Owner shall have the sole right to determine whether or not any request for permission for entry and access should be granted.
9 Variation to the Covenant
9.1 The Owner or the Trust may at any time during the term of this Covenant by mutual agreement vary the terms of this Covenant to ensure the more appropriate preservation of the Land as an open space in terms of the Act provided however any such variation is not contrary to the purpose and objectives of this Covenant or Section 22A of the Act.
10 Transfer of ownership
10.2 The Owner shall notify the Trust of any change in respect of ownership of all or any part of the Land and provide the Trust with the name and address of the new owner.
10.4 In the event of the transfer of the Land to a company this Covenant shall bind a receiver, liquidator, statutory manager or statutory receiver. In the event of transfer to a natural person this Covenant shall bind the Official Assignee. In all cases this Covenant binds a mortgagee in possession.
11.1 Any consent, approval, authorisation or notice to be given by the Trust may be given in writing signed by the Chief Executive and delivered or sent by ordinary post to the last known residential or postal address of the Owner or to the solicitor acting on behalf of the Owner.
11.2 Any notice to be given by the Owner may be sent to the last known postal address of the Trust.
12 Management of the Land
12.1 The Trust will provide the Owner with technical advice or assistance as appropriate and practical to assist in meeting the Purpose and objectives of this Covenant.
12.2 To assist in achieving the purpose and objectives of this Covenant a management plan will be prepared by the Owner and the Trust and reviewed from time to time.
12.3 In the event of fire threatening the Land the Owner shall as soon as practical notify the Kohukohu Volunteer Fire Service.
12.4 The Trust may through its officers, agents or other servants enter upon the Land for the purpose of viewing and enjoying the ecological integrity and beauty thereof in a manner which is in accordance with the purpose and objectives of the Covenant.
12.5 In accordance with clause 12.1 of this Covenant and the Biosecurity Act 1993 and the Wild Animal Control Act 1977 the Owner has agreed to facilitate a pest management programme on the Land and such activity may involve the creation of tracks to facilitate pest management activity and targeted predator control.
13 Before registration of the Covenant.
13.1 If before registration of this Covenant by the District Land Registrar the Owner wishes to sell or otherwise dispose of all or any part of the Land, the sale or disposition shall be made expressly subject to the terms and conditions contained in this Covenant.
SCHEDULE OF LAND
Land Registry: NORTH AUCKLAND
Estate: fee simple
Area: 167.5399 hectares
Lot & DP No. Section 7
(other legal description) Block II
Hokianga Survey District
Certificate of Title NA 1570/74