1. DEFINITIONS

In this Management Plan, unless the context requires otherwise:

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2. INTRODUCTION

Various sources of information have been used in compiling this Management Plan, including Environment BOP, Whakatane District Council and Department Of Conservation publications, a report prepared by D Gosling of Wildland Consultants Ltd entitled Indigenous Vegetation and Flora Habitats of the Matata Conservation Estate, Manawahe Road, Matata (see Appendix 9.2) and an application for resource consent (subdivision) in respect of the same property (being Allotment 228 Matata Parish - part now comprising the Matata Conservation Estate), prepared by Ross J Overington, Consulting Cadastral Surveyor (dated 13 May 2004).

This Management Plan is to be registered on the certificate of title to each individual Lot, including Lot 21 on the Plan, all comprising the Matata Conservation Estate. This Management Plan will be legally binding on each purchaser of a Lot within the Matata Conservation Estate legally described as: Lots 1 - 21 on the Plan.

This Management Plan is designed to ensure that all necessary requirements to maintain the environmental integrity of the Matata Conservation Estate are strictly adhered to by all owners, and/or all occupiers of Lots in the Matata Conservation Estate

The objective and primary concern of this Management Plan is to provide the means and the motivation to preserve, formally protect and enhance the Matata Conservation Estate's natural environment.

The elements of this Management Plan as recited herein are intended to leave no doubt as to the importance of achieving the above objective and to make it absolutely clear that any person considering purchasing land within the Matata Conservation Estate must willingly and enthusiastically embrace the principles of this objective as well as the details and obligations necessary to secure unfailing implementation of the Management Plan.

This Management Plan is intended to ensure that no misunderstandings develop over the responsibilities entailed in sharing the land and that, should questions arise concerning those responsibilities, a fair and equitable means of satisfying such questions is put in place for acceptance by all Lot owners, as part and parcel of purchasing a Lot in the Matata Conservation Estate.

This Management Plan is binding on all Lot owners and their successors in title.

For the avoidance of doubt this Management Plan shall be enforceable under Part XII of the Resource Management Act, 1991 against either the owners and/or occupiers of the Lots comprising the Matata Conservation Estate.

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3. MATATA CONSERVATION ESTATE LIMITED

The developer (Gibson and Day Limited) will incorporate a Company called Matata Conservation Estate Limited which will have all the necessary powers to ensure the orderly management and maintenance of the Matata Conservation Estate for the benefit of the registered proprietors of the Lots. The Company will have 20 shares and the registered proprietors of each Lot shall be required to own one (1) share. The Company's constitution will require each shareholder to own a Lot in the Matata Conservation Estate and each owner will be required to sell their share with the Lots and have the purchaser enter into a Deed of Covenant whereby the new owner will be bound by the Management Plan.

As part of the Management Plan the developer, Gibson & Day Limited, will enter into a Management Agreement with the Company. This management agreement will require the Company to manage the estate on behalf of all owners, ensuring that the objectives of the Management Plan are adhered to and consents and land covenants are enforced.

The Company will have a Board of Directors (the Board) of not less than two and no more than seven. Although it is envisaged that the Directors of the Company will be appointed from amongst the Lot owners there will be provision to appoint non-Lot owning directors to ensure management and specialist skills are maintained. The directors of Gibson & Day Limited will be the first directors of the Company and will retain office until there are at least eleven individual owners in the Matata Conservation Estate from which a new Board can be elected.

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3.1 Powers Held by The Board

In furtherance and not in limitation of the general powers of the Board conferred or implied by these rules, the Company constitution or otherwise, it is expressly declared that the Board shall be entrusted with and will exercise the following powers, subject to the provisions of this Management Plan:

a) to carry out all contracts entered into by the Company.

b) to maintain buildings, machinery, fences, ponds, water courses, flora, fauna, roads, tracks and works as the Management Plan and conditions of consent attached to the resource consent for the Matata Conservation Estate dictate and to enter into contracts in respect thereof.

c) to curtail the use of any of the communal facilities or amenities of the Matata Conservation Estate when this is deemed necessary for their preservation or if generally in the interests of the Matata Conservation Estate.

d) to invest and deal with the funds of the Company not immediately required, in such manner as may be from time to time indicated.

e) to issue on demand by any person, a certificate setting forth whether or not any levy has been paid. A reasonable charge may be made by the Company for issuing such a certificate. A certificate stating that a levy has been paid shall be conclusive evidence of payment.

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3.2 Board's Responsibilities

a) To ensure that the Matata Conservation Estate is maintained as a subdivision of very high quality for the benefit of all individual Lot owners.

b) To maintain the access roads, rights of way and other facilities and amenities within the Matata Conservation Estate.

c) To undertake capital improvements of the Matata Conservation Estate’s property including roads and services for the benefit of Lot owners within the Matata Conservation Estate.

d) To manage any communal facilities and amenities of the Matata Conservation Estate and maintain them in good order.

e) To maintain a bank account to be administered by the Board, for the purpose of funding any expenses required to comply with this Management Plan.
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f) To contract with, employ or otherwise procure the services of any person or persons for the purpose of carrying out any of the objectives in the Management Plan but without exceeding the funds available through Lot owner contributions, except as may be expressly permitted by vote of a majority of the Lot owners or occupiers, accompanied by the necessary injection of such added funds as may be required.
g) To raise money in any manner approved at a General Meeting of the Company.

h) To do all things necessary to ensure the preservation, protection and enhancement of the native flora, fauna, and topography of the Matata Conservation Estate.

i) To ensure that conditions attached to the resource consent for the Matata Conservation Estate are adhered to at all times.

j) Not, without obtaining appropriate prior resource consent from relevant Council authorities, carry out any drainage works, earthworks or construction.

k) Undertake such measures as outlined in sections 7.2 and 7.4 to control pest animals and pest plants incompatible with the ecological values of the area and in particular monitor and prevent the spread of pest plants along the side of roads, tracks and clearings within the Matata Conservation Estate.

l) Maintain in good stock-proof condition fences on the boundaries of the Matata Conservation Estate as may be necessary to ensure the continued and unimpeded growth, regrowth, regeneration and development of the existing indigenous flora therein.

m) Permit the officers or staff of the Regional or District Council to enter at any reasonable time the Matata Conservation Estate so as to ascertain whether the covenants and the requirements of the Management Plan are being complied with. As a courtesy to the owner/occupier, Regional and District Council staff will be asked to provide written or telephone notification prior to any such visit.

n) To hire a horticultural auditor or auditors with environmental management qualifications to monitor, at no more than three-monthly intervals, adherence to this Management Plan. It will be the responsibility of such auditor(s) to report any violation, in writing, to the Lot owner involved and also to the Board and if the condition is not corrected before the next monitoring inspection to report any such violation to the Regional and District Councils.

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4. LEVIES TO THE COMPANY

a) All shareholders shall pay to the Company such levies set by the Company from time to time.
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b) The purpose of the levies shall be to achieve the Board's responsibilities as specified in Section 3.2 (Board's Responsibilities).

c) The amount of levies payable by each Lot owner will be determined by the Board. Penalties for late payment or for any other breach of this Management Plan requirements will also be set by the Board.

d) Each purchaser of a Lot and every future purchaser shall pay $1,000 on the date of settlement of the purchase of their Lot, to the bank account managed by the Board. Each Lot owner will also pay to the Board the sum of $100 per month from their date of purchase, for the purpose of providing ongoing funding for the maintenance, enhancement and monitoring work undertaken at the Board's direction. The monthly contribution may be increased or decreased at the discretion of the Board as circumstances dictate.

e) An unpaid levy shall run with the land and successors in title shall be liable for unpaid levies. The registered proprietor of a Lot for the time being shall be liable to pay an outstanding levy not withstanding some other person who was a member of the Company at the time the levy fell due for payment remains personally liable to pay that levy.

f) Where two or more members are the registered proprietors of one Lot, they shall be jointly and severally liable for all levies made in respect of that Lot.

g) Levies shall be fixed at a uniform rate for each Lot in the Matata Conservation Estate.

h) A levy not paid 30 days after the due date for payment shall bear interest from that date at the rate of 20% per annum.

i) The Company may bring legal proceedings to recover any levy that has been due for payment for more than 30 days against any person who is liable to pay that levy. Any person against whom proceedings are initiated shall be liable to reimburse the Company for the actual costs it incurs, including legal costs on a client/solicitor basis.

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5. COMPANY'S FUND MANAGEMENT

a) All monies received for or on behalf of the Company, shall immediately be paid to the credit of the Company in an account with such bank as may from time to time be determined by the Company in General Meeting and which shall be managed by the Board.

b) All cheques drawn on or withdrawals made from such account shall be signed by two directors of the Company.

c) At each Annual General Meeting, a professional accountant, who is not a shareholder shall be appointed to audit the accounts of the Company as soon as practical after the end of the financial year unless the shareholders resolve otherwise.

d) A vacancy in the position of auditor during the year shall be filled by the Board.

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6. INDIVIDUAL OWNERSHIP MANAGEMENT

The following rules apply to all shareholders of the Company and relate
specifically to activities undertaken within each separate Lot.

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6.1 Purchasing a Lot and Transfer of Responsibilities (an undivided 1/20th share in Lot 21 and one (1) share in the Company)

The purchaser of each Lot shall also purchase an undivided 1/20th share in Lot 21 and one (1) share in Matata Conservation Estate Limited.

If an owner at any time, ceases to be the registered proprietor of the Lot, then the owner will as an integral part of such cessation, transfer his shareholding in Matata Conservation Estate Limited to the proposed new proprietor of the Lot and will procure from that purchaser their signature to a Deed of Covenant under which the purchaser becomes a party to the Management Plan and its continued implementation.

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6.2 Construction

All buildings must be of no more than two conventional storeys in height (or a maximum of 8.0 metres above the existing building platform level at the date of purchase) and blend into the profile of the surrounding bush and other natural topography. Height and shape restrictions will vary within the above parameters as best suited to each site.

All buildings and other structures, including water tanks, must be constructed to a high workman-like standard and of materials and colours that blend in naturally with the surroundings.

Best practicable methods shall be employed, such as screen planting and the use of building materials and colours, so that no house or other structure is visually prominent to an observer looking from outside the Matata Conservation Estate.

Homes must be of 125 square metres of habitable room or more, exclusive of decks, porches, garages or carports.

No transportable homes may be brought onto the Matata Conservation Estate and attention is drawn to the likely need for site specific building design in order to achieve the objective of this Management Plan.

No temporary travel caravans or mobile homes or permanent mobile homes may be occupied on the Matata Conservation Estate, except during the period of home construction, providing that period does not exceed 12 months from the granting of a building consent for the construction.

Architectural plans for building construction must be submitted to the Company for written approval before being submitted to the Whakatane District Council for building consent. Approval will not be granted to proceed should there be, in the Company's view, failure to adhere to the specific guidelines of this Management Plan, however approval will not be unreasonably withheld.

The purchaser of a Lot in the Matata Conservation Estate will not erect or allow to be erected more than one dwelling per Lot with an associated separate garage and/or shed not exceeding 75 square metres. Accessory buildings for habitation are not permitted.

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6.3 Vehicles

No more than 2 motorised vehicles may be kept on any Lot without provision for garaging. Provision shall be made for a minimum of two visitor carparks on each Lot.

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6.4 Gardens

No non-native plants shall be introduced in any way onto a Lot or any other part of the Matata Conservation Estate except that residents may plant on that part of their Lot which is not subject to protection covenant, native plants (including those that do not occur naturally in the Otanewainuku Ecological District), exotic flowers, vegetables, herbs and fruit trees, provided the species are not capable of hybridizing with naturally occurring native plants or capable of spreading into the surrounding forest and provided that the species are never closer than 3 metres to the perimeter of a covenant area. All species that appear in the pamphlet and updates published by Environment BOP titled Plant Pests of the Bay of Plenty (or any revised version of that pamphlet) are prohibited from being planted anywhere in the Matata Conservation Estate. A copy of the publication Plant Pests of the Bay of Plenty appears in Appendix 9.3.

Indigenous plantings within areas subject to vegetation protection covenant are strongly encouraged but must be limited to species that occur naturally in the Otanewainuku Ecological District (see Appendix 9.4) and any plant material must be locally sourced (Bay of Plenty). Specifically, only indigenous flora listed in Appendix 9.4 of this Management Plan should be planted on the covenanted areas of the Matata Conservation Estate.

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6.5 Animals and Pets

Livestock farming is not permitted and pets including dogs, cats, rats, mice, ferrets, stoats and other exotic animals are not permitted anywhere on the Matata Conservation Estate. An active programme for eradication of any of these feral animals will be initiated by the Company should the Company consider this is warranted.

Signage at the entrance to the Matata Conservation Estate will alert visitors to the exclusion of animals and the Company will provide an appropriate secure area, specifically designed and constructed, where animals belonging to visitors may be temporarily accommodated.

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6.6 Water

Water for each Lot will be provided from two sources. The first source is roof water primarily for drinking. Each Lot owner must install appropriate means to capture rain water from the roof catchment and must provide storage for a minimum of 10,000 litres of water. Water storage tanks must be either located underground or screened so that they are not visible from beyond the Lot. It is anticipated that the greatest part of the Lot owners water needs will be met in this fashion.

The second source will be a reticulated system for general purposes including garden watering that will be maintained and managed by the Company and made available at each building site, with use monitored by a meter. Lot owners will contribute quarterly, a fee proportionate to their use of this water distribution system, for the express purpose of maintaining the common water supply and delivery system in good order.

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6.7 Power

Electricity will be reticulated underground from central transformers to the vicinity of each building site, from which each individual Lot owner will be responsible for connection for their own use. Electricity supply will be billed individually by the supply authority for their use of electricity. Connection by individual Lot owners must also continue underground to buildings.

Electricity supplied to the central transformers will also be by underground reticulation unless deemed to be impractical by the supply authority.

Lot owners are encouraged to utilise alternative sources of electrical power, either for main or auxiliary supply (eg photovoltaic cells).

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6.8 Telecommunications and Computer Media

Telecommunications will be reticulated underground for individual connection to each Lot as determined by the supply authority.

The Company will also provide a high speed internet service available for each Lot as well as connections to cabled television, radio and a video surveillance system.

Supply charges associated with any communications services will be the responsibility of the individual user.

No Lot owner shall erect or permit to be erected on any Lot any aerials, satellite dishes or other communications receivers of any kind whatsoever other than those approved by the Company.

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6.9 Wastewater

Sewage treatment for all individual dwellings on the Matata Conservation Estate must be by, at least, a septic tank with low pressure effluent dosing (LPED) which meets requirements of the Operative On-site Effluent Treatment Regional Plan.

However Lots 7, 13, 14, 15, 16 & 18 must utilize an advanced (packaged) treatment plant (or equivalent) system that treats the wastewater and discharges it in the form or irrigation water (refer Appendix 9.6 for information on treatment systems). The wastewater disposal system used must be purchased from a reputable contractor and include a contract for ongoing maintenance and monitoring of treatment quality. Treated water discharged to an irrigation system must be of the highest quality possible and achieve the following standards or better:

Other Lot owners are encouraged to also utilize an advanced sewage treatment system. The Company will have the right to require copies of maintenance contracts and monitoring records for all such systems and to take such action as may be necessary to ensure the standards specified above are achieved.

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6.10 Solid Waste Disposal

Lot owners are required to minimise and recycle their solid waste. Recyclable and other waste must be stored in separate standard domestic containers (wheelie bins) which will be collected once a week from each Lot by a contractor employed by the Company. The contractor will transfer full containers to a point designated by the Whakatane District Council to co-ordinate with its regular community collection in the area and return empty containers to the individual Lots.

If necessary the Company will provide a designated screened area off Manawahe Road as a collection point for the Council.

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6.11 Stormwater

Stormwater quantity and velocity must be kept to a minimum while quality of stormwater must be maintained at high standard. Any stormwater overflow from drinking water storage tanks must be directed into soak holes or irrigation systems. Soak holes must be of sufficient absorption capacity to dispose of stormwater quantities associated with a one in 10 year storm events. Surface water from roofs, driveways and other developed areas must be collected in a piped system and directed to discharge to soakholes or irrigation systems located beyond the toe of steep slopes. Stormwater overflow must be directed into a diffusing mechanism to promote energy dissipation and prevent channelling.

During construction for individual house sites earthworks must ensure that there is no silt discharged from the site and that there is no concentration of surface water from the site.

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6.12 Lot Boundaries

No fences shall be permitted on any Lot except on peripheral boundaries of the Matata Conservation Estate and on open land not subject to vegetation protection covenants which must be of timber post and rail construction only. Fences to protect children's play areas, swimming pools or for some other special purpose approved by the Company may also be erected subject to design approval by the Company and subject to any applicable legislation. Encroachment of any structure into native vegetation beyond the individual building sites is strictly prohibited. Boundaries of all Lots and limits of vegetation protection covenants shall be clearly identifiable on site by way of corner posts or other similar method so as to avoid encroachment into the native vegetation beyond the individual Lot boundaries and individual building sites.

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6.13 Commercial Activities

No commercial use of any Lot or building on the Matata Conservation Estate shall be permitted except that computers and other electrical communications devices are not meant to be included in this restriction. Home offices which do not attract regular visitors, home stays catering for a maximum of five persons and certain other "cottage" industry activities may be permitted as long as they are undertaken subject to the requirements of this Management Plan and receive specific written approval from the Company.

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7. GENERAL SUBDIVISION MANAGEMENT

This section outlines management strategies of a more general nature to the entire Matata Conservation Estate.

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7.1 Stormwater Management

All roads within the Matata Conservation Estate will be designed to reduce and control the quantity and velocity of stormwater collected from them. This generally will be achieved by installing stormwater holding chambers and soak holes at appropriate intervals on each side of the roads and providing erosion control devices such as flumes, debris dams and swales.

All soak holes within the Matata Conservation Estate will be designed in accordance with the Whakatane District Council's Engineering Code of Practice.

It will be the responsibility of the Company to maintain the stormwater system, including all soak holes, within the Matata Conservation Estate.

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7.2 Protection of Indigenous Vegetation

The Company shall, on a continuing basis, take all reasonable steps to preserve, protect and enhance indigenous vegetation within the Matata Conservation Estate and in particular:

a) Shall not allow the introduction of any plant species or native plants that do not occur naturally within the Otanewainuku Ecological District, except as outlined in section 6.4.

b) Shall plant the appropriate species of native trees along the rights of way and access roads to each Lot so that in time a canopy will form over the roads and mitigate the effects of fragmentation.

c) Shall not, nor permit any other person to, remove, burn or otherwise damage native flora growing in the area.

d) Shall not, nor permit any other person to, introduce any substance injurious to plant life in this area except for the control of plant pests.

e) Shall not, nor permit any other person to, light any open air fires (as defined in the Forest and Rural Fires Act) in the Matata Conservation Estate.

f) Shall ensure that in the event of loss or destruction, for any reason, of the existing native bush or part of it, any replanting of the area lost or destroyed, will be with such native flora as described in Appendix 9.4.

g) Shall permit and encourage the growth, regeneration and development of the indigenous flora in the Matata Conservation Estate, provided however that a Lot owner shall have the right to clear and to keep cleared from indigenous flora, the areas associated with the house site, and areas within their boundaries which are not subject to vegetation protection covenants.

h) Shall not, nor permit any other person to, without the Company's prior written approval, erect any poles or structures on the Matata Conservation Estate, nor the laying or placing of any pipes or cables under the surface thereof which may be injurious or prejudicially affect the existing indigenous flora.

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7.3 Restoration

Ecological restoration and enhancement of the natural areas of the Matata Conservation Estate will be a key focus in the on-going management of the property.

The Company will prepare a restoration plan which details priority areas, plant species, annual work programmes and timelines.

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7.4 Control of Pest Animals

A report for pest control on the property has been prepared by Environment BOP titled "Draft Pest Animal report (Overington Subdivision)", dated November 2003 and appears in Appendix 9.5. Recommendations in this report for the control of possums have already been implemented using professional contractors, and a bait station network has been established over the Matata Conservation Estate. The Company shall be responsible for the on-going maintenance of track lines, markers, bait stations, bait filling, monitoring and trapping as required in accordance with the protocol outlined in the report. It is anticipated that a combination of Lot owners and professional contractors will be utilized to undertake the necessary control and monitoring, as appropriate.

In more general terms the management regime to be implemented by the Company for the control of pest animals is detailed in Environment BOP publications "Animal Pest Control Fact Sheets" (or any replacement publications) which form part of this Management Plan, the most relevant being:

APO1/98 - Use of Fumigants to Control Rabbits
APO /98 - Rabbit Control in Urban Areas
APO3/98 - Wasps
APO7/98 - Hares
APO10/98 - Use of Traps for Possum Control
APO11/98 - Mustelid Control (ferrets, stoats & weasels)
APO12/98 - Rats
APO14/98 - Magpies

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7.5 Management of Natural Areas

The management of natural areas which are subject to protection covenant within each Lot will be the responsibility of the individual Lot owner, subject to the monitoring requirement of the Board contained in 7.5. The management of natural areas within Lot 21 will be the responsibility of the Board. In both cases management will be carried out in accordance with the objectives and policies stated in the report titled "Natural Area Management" prepared by Wildland Consultants Limited (refer to Appendix 9.7).

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7.6 Monitoring of Management Activities

Monitoring and control of management activities will be carried out on an ongoing and regular basis. The Company is obliged to employ an horticultural auditor who is intimately familiar with indigenous flora and fauna as well as animal and plant pest species. The horticultural auditor must be a person accepted by the Whakatane District Council as having the appropriate qualification and will inspect the entire property, including home sites, at intervals not exceeding three monthly. Results of these inspections will be recorded on a form such as shown in Appendix 9.8 and a copy sent to the Company. Should the horticultural auditor find specific areas that require attention this will be recorded in the report and brought to the attention of the Company and, if applicable, to the individual Lot owner/occupier. It is then the responsibility of the Company to employ a suitable contractor to undertake any control measures recommended by the horticultural auditor in respect of Lot 21 and the responsibility of the individual Lot owner/occupier to take measures recommended by the horticultural auditor in respect of individual Lots.

If any offending party fails to act on the horticultural auditor's recommendations by the time of the next inspection (three months), this will constitute a breach of the consent conditions and a copy of the report identifying that violation will be sent to the Whakatane District Council.

A second level of monitoring would be provided periodically by a Whakatane District Council compliance officer as part of monitoring conditions of subdivision consent. The Council officer will have access to the records of the horticultural auditor employed by the Company and would notify the Company should any violation or problem area be found.

Funding for these inspections will be provided from the Company fund managed by the Board.

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8. LINKS TO PUBLICATIONS

All references in the following publications that are relevant and support the protection of the Matata Conservation Estate are considered part of this Management Plan and must be observed:

Proposed Whakatane District Plan
Whakatane District Council's Engineering Code Of Practice
Bay Of Plenty Regional Land Management Plan
Environment Bay Of Plenty Land Management Fact Sheets-
Animal Pest Control AP01-16/98
Plant Pest Control PP01-16/98 & PP17/00
Soil Conservation SC03,7,8,10,12-15,19,27/98
EBOP Land Resources Pamphlet and its associated publications.
EBOP Minimising The Spread Of Wild Kiwifruit
EBOP Plant Pests Of The Bay Of Plenty Region

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