Interpretation of terms, and rules binding on owners, occupiers, employees, agents,
invitees, licencees and tenants.
a. Terms defined in the Unit Titles Act 2010 (“Act”) have the same meaning in these rules as
they have in the Act, unless the context otherwise requires.
b. These rules are binding on all owners and occupiers of units in the unit title development as
well as the employees, agents, invitees, customers, licencees and tenants of all owners and
occupiers of units in the unit title development.
c. “Owner” has the same meaning in these rules as it has in the Act, and for the purposes of
these rules it also includes occupiers of a unit in the unit title development and the
employees, agents, invitees, licencees and tenants of all owners and occupiers of units in
the unit title development, unless the context otherwise requires.
Interference and obstruction of common property:
An Owner of a unit must not:
a. interfere with the reasonable use or enjoyment of the common property by other Owners;
b. obstruct any lawful use of the common property by other owners; and
c. restrict any light or air in any unit or common property, or obstruct or cover any windows,
sky lights, lights or other means of illumination of any unit or common property.
Damage to common property:
An owner of a unit must not;
a. damage or deface the common property; and
b. drive, operate or use, or permit to be driven, operated or used, any vehicle or machinery on
the common property of a size and weight that is likely to cause damage to the common
property and any such damage caused or contributed to shall be paid for by the Owner
responsible.
Use of facilities, assets, and improvements within the common property
a. An owner of a unit must not use any facilities contained within the common property or any
assets and improvements that form part of the common property for any use other than the
use for which those facilities, assets or improvements were designed and constructed and
must comply with any conditions of use for such facilities, assets or improvements set by the
Body Corporate from time to time.
b. Any part of the common property that is used as an entrance or access way to the unit title
development and any easement area giving access to the unit title development shall not be
used by any Owner for any other purpose than for entering or leaving the unit title
development.
Vehicle Parking
a. An owner of a unit must not park a vehicle or permit a vehicle to be parked on any part of
the common property unless the Body Corporate has designated it for vehicle parking or the
Body Corporate has given prior written consent.
b. An owner of a unit must not park a vehicle or permit a vehicle to be parked on any part of
the common property that obstructs access on the common property.
c. An owner of a unit that has a designated vehicle park must:
i. only use the vehicle park for the purpose of temporary parking of vehicles;
ii. ensure the vehicle is warranted and registered,
iii. ensure the vehicle park is kept tidy and free of litter;
iv. not use the vehicle park or permit it to be used for storage;
v. ensure that any vehicle parked in the vehicle park is parked within the boundaries
of the vehicle park; and
vi. get written consent of the body corporate to temporarily place items in the
designated carpark.
d. The Body Corporate may remove a vehicle, container or any such item from the unit title
development that the Body Corporate considers is parked in such a manner that is in breach
of this rule 5, at the expense of the owner of the vehicle concerned, and the Body Corporate
shall not be liable for any resulting damage, loss or costs.
Aerials, satellite dishes, aircon units, gas bottles and antennas
An Owner of a unit must not erect, fix or place any aerial, satellite dish, aircon unit, gas
containers/bottles, antenna or similar device on or to the exterior of a unit unless it is positioned
in the back courtyard of the unit or on the roof; and specifically positioned as per appendix I.
An Owner of a unit must not erect, fix or place any aerial, satellite dish, aircon unit, gas
containers/bottles, antenna or similar device on or to common property without the prior written
consent of the Body.
The consent of the Body Corporate may be withheld, varied or revoke approval if the rights of
another Owner are adversely affected by the exterior aerial, satellite dish, aircon unit, gas
containers/ bottles antenna or similar device.
Signs, notices, advertising, and promotion
All signage must comply with the appendix II signage plans:
a. An Owner of a unit must get the prior written consent of the body corporate, erect, fix, place
or paint any signs or notices of any kind on or to any part of the common property or on or
to any external part of a unit.
b. An Owner of a unit must not display any goods or services on common property or any
accessory unit or use the common property or any accessory unit for any business,
promotional or commercial purpose without prior written consent of the Body Corporate.
c. Signage is allowed on unit frontage and door only when it fits within the approved size and
location as shown on the approved location plan attached in appendix I
d. Unit number signage must not be removed
e. A coffee cart business in the common area can apply to the Body Corporate to use
flag/sandwich board to promote their location.
If approved the installation of signage must comply with the (attached) approved location
schedule in appendix I.
Contractors
An Owner of a unit who carries out any repair, maintenance, additions, alterations or other such
work on a unit must ensure that any contractors or other such persons employed by the Owner
cause minimum inconvenience to all other Owners and ensure that such work is carried out in a
proper workmanlike manner and in compliance to the health & safety requirements of the site.
Rubbish and Pest Control
An Owner of a unit:
a. must not leave rubbish, recycling material, trade refuse or waste, dirt or other material on
the common property except in areas designated for rubbish collection by the Body
Corporate, and where such material is left in a designated rubbish collection area it must
not be left in such a way that interferes with the enjoyment of the common property by other
Owners;
b. must dispose of rubbish and recycling material promptly, hygienically and tidily and ensure
such disposal does not adversely affect the health, hygiene or comfort of other Owners;
c. must not burn any rubbish anywhere on the common property or in any unit; and
d. shall keep the unit free of vermin, pests, rodents and insects.
An Owner of a unit must ensure:
a. That only general rubbish is placed in the bins.
b. That no vehicle parts, or machinery are placed in any part of the area.
c. That all items are placed in bins.
d. That no non-general rubbish items are placed in the area or bins.
e. That any designated rubbish area or room must be left in a clean and tidy manner.
Rubbish Collection, Cleaning and Garden Maintenance
An Owner of a unit must:
a. Ensure the unit is kept clean and tidy at all times.
b. shall comply with any instructions concerning any private rubbish collection, including
removing the bins promptly on the allocated days of collection, and no later than 9am.
c. Rubbish collection must be on a Tuesday and/or Thursday.
The Body Corporate will ensure that all gardens and landscaping are retained and arrange a
regular maintenance of the common property gardens and trees.
Cleaning and Replacing Glass
An Owner of a unit must keep clean all glass contained in windows or doors of a unit, and replace
any cracked or broken glass as soon as possible with glass of the same or better weight and
quality.
Security and Ventilation Equipment
An Owner of a unit shall comply at all times with the operating and maintenance instructions of
any security, fire alarm, air conditioning or ventilation equipment in the unit.
Exterior colour scheme
An Owner of a unit must not allow or permit the exterior colour (including hard surfaces) of the
building to be changed without the prior written consent of the body corporate.
Noise, behaviour, and conduct
An Owner of a unit shall not make or permit any noise or carry out or permit any conduct or
behaviour, in any unit or on the common property, which is likely to interfere with the use and
enjoyment of the unit title development by other Owners.
Pets
a. An Owner of a unit, without the prior written consent of the body corporate, must not bring or
keep any animal or pet in any unit or on the common property.
b. Notwithstanding rule 15(a) any Owner of a unit who relies on a guide, hearing or assistance
dog may bring or keep such a dog in a unit, and may bring such a dog onto the common
property.
c. An Owner of any dog permitted under rules 15(a) and 15(b) must ensure that any part of a
unit or the common property that is soiled or damaged by the dog must promptly be cleaned
or repaired at the cost of the Owner.
Security
An Owner of a unit must:
a. keep the unit locked and all doors and windows closed and securely fastened at all times
when the unit is not occupied, and do all things reasonably necessary to protect the unit from
fire, theft or damage;
b. not duplicate or permit to be duplicated any electronic security cards, security keys or
security codes to a unit or common property; and
Moving and installing heavy objects
An Owner of a unit must not, without the prior written consent of the Body Corporate:
a. Bring onto or through the common property or any unit, or erect, fix, place or install in
any unit, any object of such weight, size, nature or description that could cause any
damage, weakness, movement or structural defect to any unit or common property, and
any such damage caused or contributed to shall be paid for by the Owner responsible.
b. Allow the weight limit of 5KPA to be exceeded on any mezzanine floor and ensure that
all occupants and/or visitors are aware of the weight limits set out in the consented
building plans.
Delivery areas
a. Any part of common property designated by the Body Corporate as an area for the receipt,
delivery or other movement of goods, supplies, produce, merchandise, freight, or other
articles, including but not limited to a loading dock or lift designed for goods only, (together
called “delivery area”), must only be used:
i. by Owners of units or anyone permitted by an Owner;
ii. for the purpose for which it was designed and constructed; and
iii. during certain hours set by the Body Corporate from time to time.
b. Any heavy vehicles on the common property must not exceed 11 metres long.
c. Any delivery vehicles must not park in the common areas for a period in excess of 30 minutes
Hazards, insurance, and fire safety
An Owner of a unit may only bring onto, use, store, or do, in a unit anything that creates a hazard
if:
a. the prior written consent of the Body Corporate is obtained if the hazard is likely to cause an
increase in the premium on any Body Corporate insurance policy for the unit title
development;
b. the Owner complies at all times with the Body Corporate insurance policy for the unit title
development, any enactment or rule of law relating to fire, insurance, dangerous goods or
hazardous substances, and any requirements of any Territorial Authority; and
c. it does not affect the operation of fire safety devices and equipment or reduce the level of
fire safety in the unit title development.
Emergency evacuation drills and procedures
An Owner of a unit must cooperate with the Body Corporate during any emergency evacuation
drills and must observe and comply with all emergency evacuation procedures.
Notice of damage, defects, accidents, or injury
Upon becoming aware of any damage or defect in any part of the unit title development including
its services, or any accident or injury to any person in the unit title development, an Owner of a
unit must immediately notify the Body Corporate. Any cost to repair any such damage or defect
shall be paid by the Owner that caused or permitted the damage or defect.
Compliance with Sale of Liquor Act and other statutes
Where a business operating from a unit is subject to the Sale of Liquor Act 1989 or any other
statute, regulation or enactment to which the business is subject (together called “statute”) the
unit Owner must ensure that the requirements of the statute are complied with at all times and
must take all reasonable steps to ensure that the business operation does not interfere with the
use and enjoyment of the unit title development by other Owners.
Leasing a unit
An Owner of a unit:
a. must provide a full copy of these rules and a full copy of all future amendments to these rules
to any tenant or occupier of the unit;
b. must provide the Body Corporate with written notice of the full name, phone number and
cellphone number for the Owner and for all tenants or occupants of the unit;
c. must inform any tenant or occupier of the unit that the mode of service under the Act is by
email, and the Owner must provide the Body Corporate with written notice of the email
address for service for the tenants or occupiers of the unit and the email address for service
for the Owner; and
d. promptly notify the Body Corporate in writing of any changes to the details in rules 24 (b) and
(c).
Commercial Unit prohibited use.
An owner of a Commercial Unit, unless they have the prior written consent of the Body
Corporate, shall not allow or permit a unit to be used for the sale or distribution any of the
above prohibited uses.:
a. Shall not allow or permit a unit to be used as a brothel.
b. Shall not allow or permit a unit to be used as a vape store, for the sale or retail of such.
c. Shall not allow or permit a unit to be used as an adult store, for the sale or retail of
such.
d. Shall not allow or permit a unit to be used as a marijuana or cannabis store, for the
sale or retail of such.
e. Shall not allow or permit a unit to be used for any illegal purposes.
f. Shall not allow or permit a unit to be used as a place of public assembly, including, any
church or funeral chapel.
g. Shall not allow or permit a unit to be used as a vehicle wreaker of metal scrap yard or
storage.
h. Shall not allow or permit a unit to be used as storage of any chemicals or inflammable
gases, fluids or substances unless it complies with statutory or any applicable
regulations for hazardous substances in the workplace
i. Shall not allow or permit a unit to be used for a land use activity unless it is permitted
under the local authority’s operative district plan, or has obtained recourse consent
approval.
j. Shall not allow or permit a unit to be heated or lit by any other method other than
electrical current.
k. Shall not allow or permit persons to sleep, live or reside in a unit.
l. Shall not allow or permit a unit to use wet industries, grease traps and/or internal
sumps.
Compliance with Health and Safety Requirements
An Owner of a unit shall comply with any health and safety requirements that the Body
Corporate considers necessary or that are imposed by local authorities or other governing
bodies.
Access by the Developer
That in recognition that the development is a staged development and that The Cube on Queen
Limited (the developer) is yet to complete all associated buildings, the developer requires cooperation to ensure the final stages are completed as quickly as possible.
The Body Corporate allow the The Cube on Queen Ltd, their surveyors, agents, consultants,
engineers, contractors, sub-contractors the right to enter onto the property on foot, or with such
plant, machinery, vehicles and equipment as is necessary to do such work as shall in the
developer’s opinion be necessary to complete the development in particular to enable:
the use of any part of the body corporate as is necessary for construction purposes
during the construction;
the erection and retention of temporary signage, hoarding or other safety equipment on
the body corporate by any such party and/or the body corporate manager at any time
from the date of this resolution to the date that is 3 months after practical completion of
all of the buildings is achieved;
Compliance with Council Conditions
That in recognition of the ongoing construction of buildings within the development, in order to
assist with the developers’ obligations to Council, the body corporate will comply with all
associated Construction Traffic Management Plans (“CTMP”) and Construction Management
Plans (“CMP”).
Easements in Favour of Service Providers or Council
That if required by Tasman District Council, Network Tasman, Chorus or any other service
provider (a “service provider”), the body corporate will execute all required documents to ensure
easements in gross are granted to such service providers (or any variation of the location of any
existing easements) over any part or the whole of the property, or consent notices or covenants
or other instrument as is required by the service providers are registered against the body
corporate titles for the provision of such services to the development. That any such documents
which are required to create the easements or vary of the easements or any other documentation
etc, the Developer is authorised to sign such documentation. The body corporate will further
provide any such documentation that is required in relation to any subsequent stages of the
subdivision of the development to enable the survey plans for that stage to be deposited.
Stormwater Maintenance
The Body Corporate shall be responsible for the ongoing compliance with the Envirolink
Stormwater Operation and Maintenance Plan, Job Reference J000173-LET-005-A dated 27th
September 2023.
Controlling Member
That the Developer “The Cube on Queen Ltd”, shall be the controlling member of the Body
Corporate until such time as the Developer has sold down all units in the development or until it
gives the Body Corporate notice that it no longer wishes to be the Controlling Member.
Breach of these Rules
Where the Body Corporate expends money to make good any damage or loss caused by a
breach of the Unit Titles Act 2010, or of these rules by any owner or the occupiers, guests,
servants, employees, agents, invitees, tenants or licensees of the owner or occupier of a unit, or
any of them, the Body Corporate shall be entitled to recover the amount so expended as a debt,
in any action, in any court of competent jurisdiction, from the proprietor of the unit at the time
when the breach occurred.
