Property Management

Granting, etc of Leases/Licences

Power to grant/decline to grant/ surrender/accept the surrender of leases/licences to use/occupy land (including buildings) up to a maximum of 5 years; to negotiate and agree on terms and conditions including rental, and execute all necessary documentation not in the form of a Deed under the following legislation, including without limitation;

Reserves Act 1977

Public Bodies Leases Act 1969

Public Works Act 1981

Local Government Act 1974

Local Government Act 2002

Property Law Act 2007

Restrictions:

a. The power to vary licences/leases relating to extending the term of the lease (other than in relation to rights of renewal), changing the approved purpose, permitting major improvements to land/buildings, increasing the licensed area or altering the provisions re sub-leasing/licencing are not delegated

b. No power to negotiate rental where rental is/is required to be set by Council (by resolution, through the LTP or ATP)

c.  These powers cannot be subdelegated.

Leases/Licences - Grant/Surrender or Concessions

Power to grant or surrender concessions for a lease/licence for  not exceeding five years in total and to execute all necessary documentation not in the form of a Deed.

Restrictions:

a. All concessions for more that a six-month term are required to be approved by the delegate’s Group Manager (where applicable)

b. These powers cannot be sub-delegated.

Variation, etc of Leases/Licences

Power to consent or decline consent to variations to terms, covenants and conditions of existing leases/licences including, without limitation the transfer, assignment, mortgage or other disposal of the other party's interest under the licence, including: variations relating to term not exceeding 5 years in total; rental concessions; use/purpose that is not inconsistent with the original use/purpose; improvements to land/buildings; minor increases (no greater than 10%) of the leased/licensed area; rental/rent reviews; removal of existing conditions/ restrictions, and to sign all necessary documentation not in the form of a Deed.

Restriction: These powers cannot be sub-delegated.

Management of Leases/Licences, etc

Power to manage and administer property leases and licences and other property use and/or occupation agreements to which the Council is a party, according to the terms of those agreements and to take whatever actions are reasonably necessary or prudent to protect the Council’s interests, including exercising the right to terminate agreements and initiate legal proceedings and other forms of dispute resolution (see delegations under Legal Proceedings)

Restriction: The power to terminate agreements and intiate legal proceedings is limited to the Primary Delegates

Agreements to Occupy Land not owned by Council

Power to negotiate terms and conditions and agree to enter into agreements to occupy or use land and/or buildings not owned or administered by the Council (by way of lease; licence to occupy; residential tenancy, etcetera) for a term not exceeding 3 years and where the rental does not exceed $50,000 (GST excl), and to sign all necessary documentation not in the form of a Deed.

Restriction: The powers delegated cannot be sub-delegated.

Sale/Purchase of Real Property

Where a sale and/or purchase of real property has been approved by the Council, power to negotiate and agree the terms and conditions of sale and purchase and enter into conditional Agreements for Sale and Purchase including road to be stopped or road legalisation in accordance with all applicable Council policies and the terms of the resolution of Council.

Restriction: This power cannot be sub-delegated

A & I Forms

Power to sign/execute Authority and Instruction Forms (A & I Forms) as required by the Land Transfer Act 1952, Land Transfer Act 2017 and applicable Land Transfer Regulations where registration of an instrument is required and the occupation and/or use rights (by lease or licence, etc) have been granted or consented to by that officer under delegated authority or by resolution of the Council.

Restriction: This power cannot be sub-delegated

VHAs - Halls and Open Spaces

Power to enter into and execute venue and hire agreements for the hire of halls and open spaces that fall within that officers area of responsibility, for a period not exceeding 12 months.

Restrictions:

a.  No power to negotiate hire fees where these are/are required to be set by Council (by resolution, through the LTP or ATP)   

b.  Secondary Delegates must obtain the prior approval of the officer to whom they report in relation to any special terms to be included in the agreement.

Hire of TSB Showplace

Power to negotiate and agree upon the terms and conditions, including hire fees (see Restrictions), for the hire of the TSB Showplace and to sign associated venue hire agreements and to manage/administer such agreements. 

Restrictions:

a.  No power to negotiate hire fees where these are/are required to be set by Council (by resolution, through the LTP or ATP)  

b.  This power may not be sub-delegated.

Hire of Yarrow Stadium

Power to negotiate and agree upon the terms and conditions, including hire fees (see Restrictions), for the hire of the Yarrow Stadium, to sign associated venue hire agreements and to manage/administer such venue hire agreements. 

Restrictions:

a.  No power to negotiate hire fees where these are/are required to be set by Council (by resolution, through the LTP or ATP)  

b.  This power may not be sub-delegated.

Hire of TSB Stadium and TSB Bowl of Brooklands

Power to negotiate and agree upon the terms and conditions, including hire fees (see Restrictions), for the hire of the TSB Stadium and TSB Bowl of Brooklands to sign associated venue hire agreements and to manage/administer such venue hire agreements. 

Restrictions:

a.  No power to negotiate hire fees where these are/are required to be set by Council (by resolution, through the LTP or ATP)  

b.  This power may not be sub-delegated.

Advertising on Reserves/Venues

Power to permit advertising signs of sponsors of representative or international fixtures on reserves and/or venues subject to such conditions as the delegate sees fit;

Power to permit advertising signs for sponsors of individual clubs or organisations subject to such advertising being limited to the days for the duration of club fixtures, and such other conditions as the delegate sees fit.

Power to permit clubs or community organsiations with premises or leases of Council land to erect advertising signs for a period longer thatn the duration of club fixtures subject to the signs: being located within an enclosed area; having no adverse impact on the aesthetic value of the reserve/venue and such other conditions as the  delegate sees fit.

Community Gardens

Power to administer the Council's policy in relation to community gardens and to approve a site for a community garden provided it is contemplated in a reserve management plan or where the land is not subject to the Reserves Act 1977.

Consent of Council as Landowner/Affected Person

Power to give the consent on behalf of the Council as the registered proprietor of land/affected person/ person/applicant/submitter, where required under statute, including, without limitation the:

Cadastral Survey Act 2002

Crown Minerals Act 1991

Land Transfer Act 1952 & Land Transfer Act 2017

Local Government Act 1974

Local Government Act 2002

Public Works Act 1981

Property Law Act 2007

Resource Management Act 1991

Or where the issue relates to an approval over private land, or any other circumstance where such consent is required; and to sign any necessary documentation in that regard.

Restriction: This power may not be sub-delegated

Forestry

Power to undertake matters on behalf of the Council in relation to forestry, including without limitation under the:

Forestry Encouragement Act 1962

Forestry Rights Registration Act 1983

Forests Act 1949

Fencing Act 1978

Power to give the consent on behalf of the Coucil as the registered proprietor/occupier/affected person of land or otherwise, where required under the Fencing Act 1978

Council as Occupier/Landlord

Power to act on behalf of the Coucil as an occupier or landlord of land where required, including without limitation under the:

Occupiers' Liability Act 1962

Residential Tenancies Act 1986