OWNERSHIP IN TERN POINT 

Land ownership in the Tern Point subdivision is not a simple matter.  The subdivision was approved with a series of legally enforceable covenants, and this is intended to be a quick overview of key points that may affect landowners.  This does not override the responsibility of intending purchasers to obtain legal advice. 

​

Residential Lots

• The minimum lot size from any subdivision of land within the subdivision is 4000 square meters, that is 1 acre. [Society Rules]

• Erecting buildings, accessories, or fences (including exterior finishes and excavation of foundations) is not permitted without the prior approval of the Society. This approval is required before a Building Permit is applied for, or any building structure or improvement is proceeded with. [Land Covenant]

• Temporary structures are only permitted where required as part of erecting approved permanent buildings. [Land Covenant]

• A garden or other utility structure, garage, carport or verandah, or extension will require the prior approval of the Society. [Land Covenant]

• Placement of any used building in the subdivision requires the prior approval of the Society. [Land Covenant]

• A Construction Deposit is required by the Society for any construction that requires Building Consent. This is held by the Society until project completion when it will be refunded if there has been no damage to Common Land. [Regulations]

• Temporary dwellings such as Tents or Caravans may not be used for more than 3 months out of any 12-month period. [Land Covenant]

• A residential lot cannot be used as a Piggery or for commercial poultry purposes, or for purposes that will be noxious, noisome, or offensive to neighbours. [Land Covenant]

• Rubbish must not be accumulated on residential lots [Land Covenant]

• Parts of any tree or shrub on residential lots that, in the opinion of the Society, impede the view of another owner from their house, are to be removed. [Land Covenant]

 

Common Land

• Common Land consists of the Farm, Tern Point Road, Village Green, Communal Olive Grove, Conservation Areas on the estuary and wildlife refuge boundaries, together with bush areas behind the Olive Grove and Lot 31, and the Recreational Area which includes the Boat Ramp and Boatshed.  

• While Common Land and Conservation Land is included on individual land titles, it has been leased to the Society (Common Land for 99 years ending 2098. The Conservation covenants on individual titles however remain in perpetuity).  No work is permitted on any Common Land without prior consultation and approval from the Society. Kaipara District Council must approve any activity on Conservation Land. [Land Covenant & Conservation Covenant]

• No noisy or offensive business, or anything that would be a nuisance or annoyance to adjacent owners, is permitted on Common Land. [Common Land Lease]

• Access to the estuary for launching boats is only permitted at the designated Boat Ramp. No vehicle, trailer, boat or motorbike is permitted in designated Conservation Areas on the estuary boundary. [Conservation Covenant]

• A maximum vehicle speed of 40kph applies on Tern Point Road [Regulations]

• Landowners are permitted to launch a motorised vessel via Tern Point Road and Boat Ramp up to 3 times per day. [Regulations]

 

Animals

• Cats are prohibited in Tern Point. [Land Covenant]

• Dogs can be exercised on the Conservation Land, but this is discouraged. Dogs are permitted in the conservation area for exercise if they are on a leash.  [Conservation Covenant]

• Dog owners need to ensure that their dogs do not stray into the Wildlife Refuge where they are banned and liable to be impounded and owners prosecuted.