What is a QEII open space covenant?

A QEII open space covenant is a legally binding protection agreement, which is registered on the title of the land. It is voluntary but once in place binds the current and all subsequent landowners.

Each covenant is unique. It can apply to the whole property or just part of the property.

There can be different management areas within a covenant with varying applicable conditions. Conditions can be stringent where rare or vulnerable natural features or habitats are being protected.

Types of covenant agreement

Open space covenants are generally in perpetuity though there can be a case for a variable term covenant. These include:

• Kawenata, on Māori land, which recognises tino rangatiratanga;
• Life of the Trees where individual trees occur in a situation where they may not be self-regenerating;
• Landscape protection agreements where the land does not have title, such as roadside areas.

Private property rights

Private property rights are not jeopardised by a covenant - the landowner retains ownership and management of the land. Visitor access is available only with the landowner's prior permission.

Managing a QEII open space covenant

QEII helps landowners with ongoing management advice and support. A management plan may be prepared with the landowner when a covenant is established, which sets out ongoing management objectives and provides guidance on such aspects as species management, pest control and restoration methods.

A QEII regional representative visits each covenant regularly, usually every two years, to monitor its condition and trends, identify and address any threats, and advise the owner about how to meet the covenant objectives.

Changes of ownership

Approximately 50% of open space covenants have changed hands at least once but adherence to covenant requirements is not affected by change of ownership.

Regular monitoring shows that subsequent owners comply with the covenant terms and conditions as consistently as the original covenantors.

Monitoring covenants

A QEII representative visits each covenant every second year to monitor its condition. These visits are a valued opportunity to meet with landowners, share their pleasure in observing positive change, discuss any worries they have and work out together the best ways of managing their covenants.

Monitoring shows the majority of covenants meet not only the terms and conditions of their covenants but exceed them.