How to Check for Covenants on a Property in NZ

What Is a Land Covenant in New Zealand?

When you buy a property in New Zealand, you're not just buying the land and buildings — you're also taking on any legal obligations attached to the title. One of the most common (and often overlooked) of these is a land covenant. Covenants can restrict what you build, how you use the land, or even what colours you paint your fence.

Before you sign a sale and purchase agreement, knowing whether a property carries covenants — and what those covenants say — is essential. Here's how to check for covenants on a property in New Zealand.

What Is a Land Covenant?

A land covenant is a legally binding obligation registered on a property title. Covenants run with the land, meaning they bind every future owner — not just the person who originally agreed to them.

There are two main types:

• Restrictive covenants — These restrict what you can do with the land. Common examples include: building only one dwelling, minimum floor area requirements, prohibiting certain types of fencing, restricting commercial activity.
• Positive covenants — These require you to do something, such as maintaining a shared driveway or contributing to the cost of a boundary fence.

Covenants are most commonly found on newer subdivisions, where a developer has imposed rules to maintain the look and feel of the development. But older properties can carry them too — sometimes dating back decades.

Why Covenants Matter for Buyers

Covenants can significantly affect what you can do with a property. Buyers have found out too late that they:

• Cannot build a second dwelling for a family member
• Must use specific building materials that are more expensive
• Cannot operate a home business from the property
• Are required to use a particular builder during the initial development period

These aren't hypothetical problems — they're common issues that come up in property transactions across New Zealand every year. Discovering a covenant after you've committed to purchase can be costly and stressful.

How to Check for Covenants on a NZ Property

The most reliable way to check whether a property has covenants is to obtain a current Record of Title ($42.90). This is the official document that shows all current interests registered on the title — including any covenants.

The Record of Title will list covenants under the "Encumbrances, Liens and Interests" section. If a covenant appears, it will be referenced by an instrument number.

Step-by-Step: Finding Covenant Details

1. Order a Record of Title — This is your starting point. It lists all registered interests on the property, including any covenants by instrument number.
2. Look for the instrument number — Covenants appear in the encumbrances section, referenced by a document number (e.g., "D123456").
3. Order the instrument document — To read the actual covenant terms, order the Instruments (Documents) ($39.90) using that instrument number. This gives you the full text of the covenant, including all restrictions and obligations.

For a complete covenant check, most buyers order both a Record of Title and the relevant instrument document. Together, that's a thorough picture of what obligations come with the land.

What If the Covenant Is Old or Unclear?

Some covenants are written in archaic legal language and may reference plans or maps from the original development. If you're uncertain about what a covenant means or whether it's enforceable, it's worth asking a property solicitor to review it before you proceed.

There is also the question of whether a covenant is still enforceable. In some cases — particularly for very old covenants — they may have become unenforceable due to changes in the surrounding area, the passage of time, or a change in zoning. However, you should not assume a covenant is unenforceable without obtaining legal advice first.

Can Covenants Be Removed?

Yes — but it is not always straightforward. To remove a covenant, you generally need the consent of all beneficiaries (usually neighbouring properties in the same development) and a formal application to have the covenant discharged from the title. This can be time-consuming and costly, and is not guaranteed to succeed.

If a property you are considering has a covenant you would like to have removed, factor the time and cost of that process into your decision.

Covenants vs Other Title Encumbrances

Covenants are just one type of interest that can appear on a New Zealand property title. Other common encumbrances include:

• Easements — Rights that allow another party to use part of the land (e.g., a shared access way or drainage easement). See our guide: How to Check if a Property Has an Easement in NZ.
• Consent notices — Conditions imposed under the Resource Management Act that restrict what can be done on the land
• Caveats — Notices claiming an interest in the land by a third party. Learn more: Caveats on Property Titles in New Zealand.
• Mortgages — Registered security interests by lenders

A full Record of Title shows all of these. It is the most complete single document you can get for understanding what is attached to a property before you buy.

Using the Pre-Purchase Package for Full Due Diligence

If you want comprehensive due diligence — covering the title, registered instruments, survey plan and more — the Pre-Purchase Property Package ($189.90) is the most thorough option. It bundles the key searches most buyers and their solicitors need into one convenient order.

For more on what to check before buying, see our Land Covenants in New Zealand guide and our Property Due Diligence Checklist.

Frequently Asked Questions

How do I find out if a property has a covenant in NZ?

Order a current Record of Title for the property. Covenants are listed in the encumbrances section. To read the full terms of the covenant, you will also need to order the Instruments (Documents) using the instrument number shown on the title.

Are covenants always enforceable?

Not necessarily. Very old or obsolete covenants may no longer be enforceable, particularly if the surrounding area has significantly changed. However, you should always get legal advice before assuming a covenant will not apply to you. Attempting to breach an enforceable covenant can result in legal action by neighbouring property owners who benefit from it.

Do covenants expire automatically?

In New Zealand, most land covenants do not have an automatic expiry date — they remain on the title indefinitely unless formally discharged. A few covenants may include a time limit in their terms, but this is not the norm. Always check the instrument document to understand the specific terms.