LTO Arrangements

LTO Housing Policies

MATAURI X INCORPORATION PAPAKĀINGA HOUSING

INTRODUCTION

The Matauri X Incorporation (MXI) Papakāinga Housing policies adopt the following vision, purpose, and key principles as stated below.

VISION - to create a prosperous future for our tamariki and mokopuna

PURPOSE - to retain the land and facilitate its sustainable economic, social and cultural use and development for the benefit of its shareholders for future generations.

MXI envisions a Papakāinga Housing Policy in which it will:

be fair and transparent for shareholders;
be accessible for shareholders;
be clearly understood by shareholders; and
incorporate MXI’s values and principles.

KEY PRINCIPLES

Kaitiakitanga: to be kaitiaki of te taiao and uphold positive reciprocal relationships with each other.

Kotahitanga: to work collectively to fulfil a common purpose.

Manaakitanga: to treat each other with care and respect.

Accountability: to own our actions and the consequences of those actions.

Commitment: to uphold the vision and values of MXI.

Communication: to be open and honest and to engage in regular dialogue with each other in a safe and constructive manner.

POLICY AND PROCEDURE

Licence to Occupy Policy 1.a Licence to Occupy Procedure

LICENCE TO OCCUPY POLICY

MXI REQUIRES THAT:

Once an application has been approved, the MXI Committee of Management will provide a letter of support for a Licence to Occupy [in principle], based on the Applicant/Licensee circumstances and provided that –

The Applicant/Licensee has not started any development or construction activity on the papakāinga site.

Any Applicant/Licensee who are issued a Licence to Occupy (LTO) must:

Obtain all of the necessary building; site works, resource consents and permits from the Far North District Council and Northland Regional Council, prior to any development or construction activity commencing; and

Ensure all Geo-technical (engineering), site specific reports have been undertaken, prior to any construction and /or site works taking place; and

Ensure that all building and construction is compliant with the NZ Building Standards, for all types of construction builds including any alternative types of construction not commonly used; and

Ensure that any professional Tradespersons engaged to provide services, are registered and compliant to their industry’s Code of Practice Standards

Ensure that through the Housing Coordinator, MXI has seen all of the building plans, geo-technical reports, consents and permits and approved all, prior to any site works taking place on the land.

Should an interim Licence to Occupy [in Principle] be granted to the Applicant/Licensee, the Applicant/Licensee must submit:
1. Land survey of the area
2. Topographical survey
3. Geotechnical report
4. Infrastructure assessment including a services diagram
5. Resource/earthmoving/building consents lodged / obtained (include draft if awaiting lodgement)

under the understanding that the following stipulations will follow at a later date to

fulfil the prerequisite of a LTO Agreement.

Concept / preliminary detailed design for proposed development
Building consents lodged
Description of infrastructure solution for 3-waters
House plans and/or product specification documents for any alternative / non traditional house construction methods being proposed
Borrowing approvals with banks or other tenders.

All costs related to building including regional and Council compliance permits and consents, shall be paid by the Licensee.

The Applicant/Licensee is also responsible for the costs included in the provision of services such as water and power and sewerage, to the approved papakāinga site for building.

Any Applicant/Licensee who has been issued a Licence to Occupy, has 2 years to commence building a house from the date the Licence to Occupy was issued, and 1 year to complete the house, from the time of commencing construction.

Any Applicant/Licensee who fails to start their build within the 2-year period, or complete their build within 1 year from commencing construction, may apply to the COM for a time extension, provided the following takes place -

The application for an extension of time must be applied for, before the applicable 2-year or 1-year period lapses; and
The Applicant/Licensee must provide their reasons for seeking a time extension; and
COM will grant only 1 extension for a maximum period of up to a maximum of 12 months, depending on the Licensee’s situation.

If the Applicant/Licensee fails to start and/or complete building their house within the stated periods, COM reserves the right to terminate their Licence to Occupy.

For all Interim Licences to Occupy issued to Applicants, COM will issue a Final Licence to Occupy once the build has reached 75% of completion. (This is commonly known as the lock-up stage whereby only the utilities are left to be connected. ie plumbing, power etc.)

All Applicant/Licensee must pay an application fee of $500.00. This to be paid prior to a letter of support for an LTO in principle or a licence to occupy is issued.

Annual Ground Rental Fee of $1200.00 is payable (in advance) before a Final Licence to Occupy is issued. This fee is in recognition of the continual privilege of licensees to occupy papakāinga and utilise the land over all others.

The COM will hold a Licence to Occupy register recording all interim (LoSiP), and final licences to Occupy that have been issued, as well as recording relevant dates of expiry, any relevant conditions etc.

All applications received by COM will be pending, until the Applicant receives written confirmation from COM as to the outcome of their application.

All buildings erected upon papakāinga whenua must comply with the Building Act and Regulations, be connected to suitable infrastructure to ensure that there are no negative environmental effects from the building activity, especially in relation to wastewater and sewage disposal.

To give effect to our role as Kaitiaki, in preparing a site for occupation, every care and balance is to be taken in regard to native flora and fauna; the amenity and cultural values of the immediate and adjacent environment; and the amount of earthworks undertaken in occupying the site.

Papakāinga development is subject to compliance with these policies and ultimately, obtaining COM approval for any housing development on papakāinga whenua, by way of issuing a final Licence to Occupy.

It is the Applicant/Licensee responsibility to inform COM of any changes to their circumstances that may affect the outcome of their application.

LICENCE TO OCCUPY PROCEDURE

Once COM have approved the application for papakāinga housing, a Letter of support for a licence to occupy in principle or final Licence to Occupy will be issued to the Applicant/Licensee.

A letter of support for a licence to occupy in principle will have a defined but temporary period subject to the Licensee’s plans to build. This documentation may also include other conditions of compliance that will be particular to their situation.

In line with the 75% policy rule for a staged build, COM will replace the letter of support for a licence to occupy in principle with a final Licence to Occupy, subject to the Licensee’s staged progress in the building plan.
The HC will support the Applicant/Licensee to obtain the necessary Council permits, consents and building plans etc.

The term of the letter of support for a licence to occupy in principle may be extended by COM, subject to Council requirements or any other genuine reason that is beyond the Applicant/Licensee’s control.

When the Applicant/Licensee has received all of the required consents and building plans, these will be submitted to COM to enable a final Licence to Occupy to be issued.

Once a final Licence to Occupy is issued, the HC with the Applicant/Licensee will ensure that the final Licence to Occupy terms are clearly understood. This will become the last sign off to the final Licence to Occupy, by the Applicant/Licensee and the MXI COM.

LTO Agreement

Dated: ______________________________2022

BETWEEN

The Proprietors of Matauri X Incorporation (MXI)

“The LANDOWNER”

AND

[NAME HERE]

“The OCCUPIER”

LICENCE TO OCCUPY (RESIDENTIAL)

INTERPRETATION

In this Licence unless the context indicates otherwise:

Definitions:

“Building Act” means the Building Act 2004.

“Commencement Date” means the date on which the parties sign this agreement, and the Occupier becomes the owner of the improvements on the License site.

“Expiry Date or Term” means thirty years from the date of commencement of this License subject to the provisions for early termination.

“Improvements” means the existing house, garage and water tanks on the Occupiers Site, exclusive of any fencing.

“Infrastructure” means the sewerage system, fencing and power, phone and internet supply at the License Site.

“Licence Fee” means the annual sum payable for the occupation of the site and any increase in the annual sum, payable either as a lump sum on 1 April annually or proportionately by the Occupier to the Landowner on 20^th of each month until the final expiry date.

“Licensed Use” means residential occupancy of the License Site by the Occupier.

“Landowner” means The Proprietors of Matauri X Incorporation (MXI).

“Occupier” means a person who is named on the License to Occupy with the Proprietors of Matauri X Incorporation (MXI).

“Outgoing” means all expenditure related to building on the licensed site.

“Licence Site” means the area outlined on the attached and approved plan and identified Zone area, including infrastructure, located at [DESCRIPTION OF LOT NUMBER/BLOCK].

“Statutory Authority” means and includes government, local, territorial and statutory authority having jurisdiction or authority over the License Site or its use.

TERMS AND CONDITIONS

1. Licence to Occupy

1.1 Licence. Landowner grants to the Occupier, a licence to occupy the Site and grants full exclusive occupation and possession of the Site from the Licence

Commencement Date for the purposes of a personal residence for the Occupier (and their immediate family).

1.2 Shareholdings. The Matauri X Incorporation shareholder [and applicant] must hold at least 5.000 shares for the duration of the LTO.

1.3 The Occupier. Shall only use the License Site for the Licensed Use. Only one House, one garage and two water tanks may be permitted on the License Site,

unless express authorisation is given by the Committee of Management and the additions have been included in these terms of this Licence to Occupy.

1.4 Improvements and Infrastructure. The Occupier is responsible for the maintenance and repair of all improvements or the infrastructure during the term of

the license and must comply with the Building Act, the Resource Management Act and any relevant requirements imposed by any Statutory Authority prior to and

during occupation of the License Site.

2. Nature of License

2.1 Exclusive use and possession: The License gives Occupier full exclusive use and possession of the site but not to the exclusion of the Landowner or the Landowner’s authorised agents who may, at all reasonable times and upon giving reasonable notice, enter upon the site (including when Occupier is not present), for the purposes of ensuring the terms of the Licence are being fulfilled by Occupier and for any other purposes associated with the administration of the Land.

2.2 No interest in Land: The Licence does not give Occupier any interest in the Land within the Site. Legal right to possession and control of the site remains with the

Landowner. Occupier has no caveat-able interest in the Land.

2.3 Personal property: Any House on the Site is, and remains, personal property owned by Debtor (subject to the Security interest) and is not, and will not become,

notwithstanding any physical connection to the Land, a fixture attached to, or part and parcel of the Site and the Land.

3. Term

3.1 Period: The License Term is 30 years from the date of signing this Licence. Unless terminated earlier in accordance with clause 11, the term of the License is the

Licence Term or until the death of each Occupier, whichever event is sooner.

3.2 Death of Occupier: Upon the death of all Occupiers named on the License to Occupy , the License will be deemed to be at an end.

3.3 Successor to Occupier: Upon the death of the Occupier, the successor to the Occupier’s interest in the House can apply to the Landowner for a further Licence to

Occupy if they wish to occupy the Site. They must be a shareholder in Matauri X Incorporation. In making an application to the Landowner, the successor to the Occupier’s interest in the House must attach any relevant supporting information to the application including:

a. death certificate of Occupier;

b. details of shares in Land;

c. map of Site area;

d. whakapapa details;

e. succession order; and

f. how the interest in the House of a surviving Debtor who is not also

an Occupier is to be dealt with.

3.4 Landowner discretion: Landowner will then have the opportunity to consider the application and its complete discretion to make a decision on whether or not to

grant the application.

4. License Fee

4.1 Annual Ground Rental fee: The Occupier shall pay the Licence Ground Rental fee of $1200.00 to the Landowner for the Site, payable as a lump sum payment or

in equal monthly instalments in advance commencing on the date of the signing of this Licence.

4.2 Ground Rental Fee arrangement: The Occupier shall pay the Annual Ground Rental fee by direct deposit, automatic payment or electronic funds transfer to the

account below.

Account name: Matauri X Incorporation

Account number: 02-0192-0515913-00

4.3 License Ground Rent Review: A review will occur every 7 years of the Licence Commencement Date. If, before each anniversary of the Licence Commencement Date, Landowner gives written notice to Occupier, the Licence Rent will increase on the anniversary of the Licence Commencement Date in accordance with the change in CPI. The CPI increase in the Licence Ground Rent is calculated in accordance with the following formula. Increased Licence Rent + PLR x (CPI 1/CPI 2).

Where:

PLR means the Licence Ground Rent applying immediately before the relevant anniversary of the Licence Commencement Date

CPI 1 means the CPI for the 12 month period immediately before the relevant anniversary of the licence Commencement Date

CPI 2 means the CPI for the 12 month period one year before the period to which CPI 1 relates.

5. Rates

5.1 Share of rates: if the Site is:

separately rated, Occupier shall pay all rates levied in respect of the Site; and
not separately rated, Occupier shall pay a proportionately equitable share of the rates levied in respect of the site being occupied.

5.2 Rates rebate: Any rates rebates shall benefit the landowner only.

6. Maori Land Court

6.1 Application to Māori Land Court: Occupier will, as soon as possible after execution of this Agreement, at Occupiers sole expense, apply to the Maori Land Court

having jurisdiction for, as the case may be, noting or confirmation of the Licence to occupy on Maori freehold land.

6.2 Maori Land Court conditions: If the Maori Land Court declines to note or confirm the Licence or will only note or confirm the Licence subject to conditions,

Landowner and Occupier shall use their best endeavours to, (subject to Secured Party’s prior written consent) agree to amendments to the Licence which meet the

requirements of the Maori Land Court, whereupon Occupier shall reapply for such noting or confirmation.

7. Restrictions on Use: Occupier shall:

a. only use the Site for a residential dwelling and associated activities for Occupier and/or members of Occupier’s immediate whanau;

b. Not permit the Site to be used for training or any commercial purpose including renting out any dwelling;

c. at all times keep the Site and any dwelling house or buildings on the site in a well maintained and tidy condition;

d. Not have parked on the Site any caravan without the prior written consent of Landowner;

e. Not have more than 10 people living on the Site without the prior written consent of Landowner;

f. Not make any structural alterations or additions to any buildings on the Site without the prior written consent of Landowner;

g. not make or permit noise or behaviour on the Site that would interfere with the peaceful enjoyment of the other occupiers of the Land;

h. not fence off the Site from the surrounding land without the prior written consent of Landowner, such consent not to be unreasonably withheld;

i. Not permit burials (human) to be placed within Licence Site areas;

j. Not take, or permit, any action or omission that may adversely affect the House (including any tangible property affixed to the House), the Site or the Licence; and

k. Not obstruct the Land or access to the Land.

8. Access and infrastructure

8.1 Access. The Landowner and Occupier shall agree in writing the means of access to the Site and Occupier shall pay all expenses associated with constructing such

access and maintaining and repairing that access.

8.2 Infrastructure. Occupier shall be responsible for all infrastructure required for the Site from the Land boundary in accordance with the building and resource

consents approved by the Landowner.

9. Security interest

Occupier may not (other than as granted in favour of Secured Party pursuant to this Agreement) grant, or create, any security interest over the Licence, the Site or the

House or assign or remove or sell the House or the licence without the prior written consent of the Landowner.

10. Renewal: If Occupier or its successor remains alive at the end of the Licence Term, Landowner and Occupier may at their option agree to a renewal of the Licence for

such term and upon such conditions as they may agree.

11. Termination

11.1 By agreement: Occupier may terminate the Licence by agreement with the Landowner and Secured Party.

11.2 Serious breach: Landowner may terminate the Licence without Occupier’s agreement if one of the following events occurs and is not remedied within a reasonable period of 30 days after the Landowner has notified the Occupier of the breach and requirements for its remedy:

a. Occupier removes or attempts to remove the House without the prior written consent of the Landowner and Secured Party;

b. Occupier sells, transfers or sub-licenses or sublets the House on the Licensed Site;

c. Occupier ceases to occupy the House;

d. Occupier has not commenced and completed construction of the House on the Site within one year of the Licence Commencement Date. [Refer to LTO Policy

.6]

12. Purchase of House

12.1 Landowner/Acceptable Occupier offer: Upon termination of the Licence either by expiry of the Licence Term or pursuant to clause 11, subject to the Security

Interest, the following provisions shall apply:

a. The Landowner and may (acting consistently within the Principles) within six months before the date of termination of the Licence, give notice in writing to the Occupier or the Occupier’s executors, administrators or personal representatives, as the case may be, an offer to purchase the buildings on the Site and specifying the purchase price and any other terms of purchase.

b. The purchase price offered pursuant to paragraph a. May not be less than the amount of the valuation to be completed on a Market Valuation in situ Basis;

c. If an offer to purchase the buildings pursuant to paragraph a. Is accepted, the purchaser shall then pay the purchase price to Occupier or the Occupier’s executors, administrators or personal representatives (and any other Debtor) within two months from the date of that acceptance (less any moneys owing to Landowner), and any moneys which may be more than the purchase price offered and accepted) that are required to be paid to discharge the full Security Interest (which amount the purchaser will pay to the Secured Party). Upon such payments being made, the buildings shall immediately become the property of the landowner unencumbered by the Security interest.

12.2 If no offer is made to purchase the buildings pursuant to paragraph a. before the date of termination of the Licence, or an offer is made but is not accepted within one

month from the date of the offer, the Occupier shall within the following four months, subject to the Security Interest, either negotiate a renewal or remove the buildings from the Site. The Occupier shall, at the Occupier's own expense, make good all damage to the Land caused by the removal of the buildings.

12.3 If the buildings are not removed by the Occupier within the period specified in clause 12.2, then the Landowner may, subject to the Security Interest, thereafter either:

a acquire ownership of the buildings by providing written notification to the Occupier, or

b remove and dispose of the buildings, in which case the Occupier will at the Landowner’s discretion be liable to reimburse Landowner for the

expense involved in doing so.

13. Dispute Resolution

13.1 Expenses: All expenses relating to dispute resolution are to be borne equally between the parties.

13.2 Negotiation and mediation: If any dispute arises out of the Licence, Landowner and Occupier will endeavour to resolve the dispute by negotiation. If the dispute is

not resolved within 14 days, then the matter will proceed to mediation in accordance with the mediation protocols of the Arbitrators’ and Mediators’ Institute

of New Zealand Incorporated, with a mediator to be appointed unless Landowner and Occupier can agree otherwise.

13.3 Arbitration: If the dispute is not resolved by mediation within two months, then Landowner or Occupier may refer the dispute to arbitration before a sole arbitrator.

For the purposes of article 11 (2) of the First Schedule of the Arbitration Act 1996, if Landowner and Occupier are unable to agree upon an arbitrator, then either

Landowner or Occupier may request the Registrar of the Maori Land Court at which this Agreement is noted or confirmed to make that appointment. Article 1 of the

Second Schedule of the Arbitration Act is excluded.

13.4 Final and binding: Landowner and Occupier agree that the award of the arbitrator will be final and binding.

THE COMMON SEAL OF THE PROPRIETORS OF MATAURI X INCORPORATION as Landowner.

Was affixed hereto in accordance with a resolution dated the _______________________ 2022.

In the presence of: (two to sign with name and Committee of Management designation)

1. ………………………………………………………………………………………

2. ……………………………………………………………………………………….

SIGNED by __________________________________

[NAME HERE] __________________________________ as Occupier in the presence of: (two witnesses to sign with name)

1. ……………………………………………………………………………………….

2. ………………………………………………………………………………………

Site and House plans to be attached here

(preferably with measurements and landmarks clearly identified).

LICENCE TO OCCUPY SCHEDULE

Papakainga Housing Licence to Occupy Summary

Licence Area

That part of [Insert name and legal description of Reserve] or [Legal description of property] as shown outlined in [Insert] on the plan attached to this Licence as Schedule x

The License Site

_______ (square meters) as identified in the attached Plan noted as License Site No ____. The COM (landowner) hereby grants the Occupier the right to occupy the ‘license site’ for the specific purpose of housing the occupier upon the terms and conditions as set out below.

Term

30 years

Commencement Date (date the licence is signed)

Expiry date

Renewal

There is a process of renewal provided by this Licence subject to the provisions clause 3.3 and 10.

Ground Rental Fee (GRF) - $1,200-00 per annum (CPI adjusted annually)

Ground Rental Fee Payment Dates - The 1st day of April payable (in advance) as a lump sum payment or in equal monthly instalments in advance commencing on the date of the signing of this License.

Ground Rental Fee Review

Every 5 years from the Commencement Date.

Default Interest Rate

12.5% per annum

Prohibited Activity

Burying tupapaku outside of the urupā zones

Occupiers Contact Details

Name

Address

Phone

LTO Application

LICENCE TO OCCUPY [LTO] - APPLICATION

[PAPAKĀINGA HOUSING]

Applicant information

First Name

Surname

Street Address

City

Phone / Cellphone

Confirmed shares in the Incorporation

(Minimum requirement is 5 shares)

You have made it to Stage 2, congratulations!

At this point you have completed a preliminary meeting with our Housing Coordinator (HC). You have discussed and understand the following.

The category best suited to your situation (1,2 or 3)
Your proposed site has been identified.
You are preparing to build within a specific time frame. If you fail to build at the stipulated time frame you must request an extension or vacate the site and apply again when you are better prepared.
You are working alongside the Housing Coordinator and therefore agree to keep in close communication with all arrangements regarding your build.
The application fee is $500.00.

We are interested in your planning considerations including timelines and proposed activities to ensure you get to your outlined destination. Please complete the following enquiries:

Papakāinga Planning

Please provide proposed timelines, as you see it, for your build from start to finish.

Start date: Finish date: Move in date:

Please provide an overview of activities outlining the points below from start to finish. Provide reports on:

Site preparation

Land survey (description of site)
Topographical survey
Geotechnical report (land stability and access)
Infrastructure assessment including a services diagram
Resource consents

Build

Concept / preliminary detailed design for proposed development (current stage)
Building consents lodged
Description of infrastructure solution for 3-waters
House plans and/or product specification documents for any alternative / non traditional house construction methods being proposed
Borrowing approvals with banks or other lenders

Owner / Builder

Do you wish to be an owner/builder?

You can build, renovate or repair your own home using the Owner-Builder Exemption, but you still need to meet Building Code requirements, apply for any consents and let Council know. Please disclose your intention.

Do you and your whānau intend to be ‘hands on’ in building your house?

What health and safety risks apply and what are your strategies to counteract them?

Please ensure that you provide all relevant information to evidence all of the design/building plans, consents and permits that will need to be considered by COM.

A point of reference for site preparation and builds is provided to assist.

Any further enquiries please contact me directly.

Nāku noa

Anahera Pomare

MXI Housing Coordinator

(PLEASE DOWNLOAD AN APPLICATION FROM THE 'FORM' TAB ON OUR WEBSITE.)

Points of Reference

Site Preparation

What / Why

Land survey of the area in m²that you seek to occupy

A land survey is a drawing that shows exactly where the boundaries of a property are. A survey will also lay out the dimensions and location of any buildings or other site improvements on the property. This provides the starting point for considering the site in relation to the proposed papakāinga development.

Topographical survey

Topographical surveys are conducted to identify and map the contours of any given piece of land and any features that exist above or below ground, such as buildings, services, roads and vegetation. For building purposes, these surveys also include boundary lines and easements. This provides constraints of the whare in relation to the proposed papakāinga development.

Geotechnical report

The geotechnical investigation report will present the findings of the site investigation, outline the assessment of the ground conditions and provide recommendations for building foundations, earthworks or retaining walls. Adverse findings can have a significant impact on construction costs.

Infrastructure assessment including a services diagram

An infrastructure assessment is a report that looks at the location and condition of existing services, to assess the area for infrastructure requirements for current and future development. This can have a significant impact on development costs and is of particular relevance in rural settings where network connections are a long way from site boundaries, meaning either significant network infrastructure extension costs or off-grid solutions being required. Should incorporate 3-waters (portable water, storm water, sewage) roading, electricity and internet.

Resource consents lodged / obtained (include draft if awaiting lodgement)

Provides an indication of the permissions being sought by the proposed development to do something that the local authority hasn’t clearly identified in their plan as permitted or prohibited. It includes things like using land and taking water. The consent lodgement date provides an indication of how far away the development is from breaking ground.

Building

What / Why

Concept / preliminary / detailed design for proposed development (current stage)

Provides assurance that the number of houses proposed and represented in the long-term financial model are achievable on the site.

Building consents lodged / obtained (include draft if awaiting lodgement)

A building consent is a formal approval from a building consent authority to carry out building work in accordance with the approved plans and specifications. It is a key programme milestone as it can add significant time while waiting for consent to be approved.

House plans and / or product specification documents for any alternative / non-traditional house construction methods being proposed

Identify the construction method, and any features of note/interest. Specify foundation type, where relevant to Kāinga Whenua Loan requirements (ie, on piles).

It adds construction risk where non-traditional products are being proposed, and increased likelihood of warranty issues for applicants.

Borrowing approvals with banks or other lenders in relation to your proposed housing development.

Provides confidence in terms of both development finance availability for the applicant and can extend to the ability of homeowners to finance individual houses in the case of any home ownership houses.

Full development ensuring that the following key dates include:

preliminary design completed and approved
resource consent lodged / obtained
detailed design complete and approved
building consent lodged / obtained
external borrowing confirmed
civils / earthworks contractor appointed
house constructor appointed
shovel ready (expected civil/infrastructure physical works commencement)
build complete (expected vertical build physical works commencement)
build completed (expected practical completion date of each house split by rental vs home ownership)
code compliance Certificate received
description and supporting evidence of planned appointments for the following roles:
External Project Manager
Engineer
Designer
Architect
Quantity Surveyor
Civils / Infrastructure Contractor
House Constructor

LTO Letter of Support [in Principle]

[DATE]

SHAREHOLDER NAME

ADDRESS

Tēnā koe ___________

i ngā tini ahuatanga o te wa.

Re: LETTER OF SUPPORT FOR A LICENCE TO OCCUPY (IN PRINCIPLE) ONLY

Thank you for expressing an interest in building a home on whenua administered by the Matauri X Incorporation (MXI).

The Committee of Management (COM) of MXI, agreed to provide this letter of support for a LICENCE TO OCCUPY (IN PRINCIPLE) ONLY, based on the following conditions and prior to an LTO proper being issued.

The Conditions

That you agree to:

supply to the MXI housing coordinator a site preparation plan including all relevant documentation for the following:

land survey of the area in m²that you seek to occupy
topographical survey
geotechnical report
infrastructure assessment including a services diagram
resource/earthmoving/building consents lodged / obtained (include draft if awaiting lodgement).

ensure payment for the application fee for a Licence to Occupy of $500.00 (incl. GST) is paid prior to receiving this letter.

ensure arrangements to pay the first annual sum payment for the occupation of the site and any increase in the annual sum, payable either as a lump sum on 1 April annually or proportionately by the Occupier to the Landowner on the 20th of each month. The annual sum payment is also referred to as the ‘Ground Rental’ fee totalling $1,200.00 (incl. GST) and must be paid in advance before an LTO is issued.

Please provide a completed direct debit form for annual or monthly deductions in payment of ground rent as agreed to MXI.

Account Name: MXI Account Number: 02-0192-0515913-00

*Please ensure you provide your full name as a reference.

not to commence any onsite works until numbers 1 to 3 above, have been met.

Will assume all risk and responsibility for any and all works undertaken by you up and until receipt of the LTO. The LTO will provide arrangements from thereon. Once all conditions have been met, the COM will issue you with an LTO. You may then proceed to:

Apply for a mortgage (if required).
Apply to FNDC and/or NRC for the appropriate consents.

It is critical that you work with our MXI housing coordinator during this process to ensure good communication is maintained between all parties and we are able to guide and assist you in your papakāinga housing journey, where appropriate. A point of reference for site preparation is provided.

If you agree with these conditions, we ask that you date and sign this letter in good faith, and scan and return a copy to apomare101@gmail.com.

Nāku noa

Geraldine Baker

Co-Chairperson

MXI Committee of Management (CoM)

Shareholder Signature: __________________________________________

Shareholder Name: __________________________________________

Date: ____________________________

MXI CoM Representatives (2)

CoM Name and Position: __________________________________________

Signature: __________________________________________

Date: ____________________________

MXI CoM Representative

CoM Name and Position: __________________________________________

Signature: __________________________________________

Date: ______________________

Common Seal of MXI

Points of Reference

Whānau

What / Why

Land survey of the area in m²that you seek to occupy

Topographical survey

Geotechnical report

Infrastructure assessment including a services diagram

Resource consents lodged / obtained (include draft if awaiting lodgement)