[
Insert name of Lessor]
(LESSOR)
HOUSING NEW ZEALAND LIMITED
(LESSEE)
1982
Act
Information
LEASE INSTRUMENT
[insert address of premises]
Official
the
under
Released
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CONTENTS
SCHEDULE 1 PARTICULARS
4
SCHEDULE 2 TERMS AND CONDITIONS
5
1.
DEFINITIONS AND INTERPRETATION
5
2.
RENT
9
3.
RENT REVIEWS
9
4.
OUTGOINGS
11
5.
GST
12
6.
INTEREST ON UNPAID MONEYS
12
7.
USE
12
8.
QUIET ENJOYMENT
13
9.
COMPLIANCE WITH ACTS AND REGULATIONS
13
10.
LESSOR’S MAINTENANCE AND OTHER OBLIGATIONS
14
11.
LESSEE’S ELECTION TO CARRY OUT WORK ON LESSOR’S BEHALF
15
1982
12.
LESSEE’S OBLIGATIONS IN CARRYING OUT WORK ON LESSOR’S BEHALF
16
13.
LESSEE TO CARRY OUT PERIODIC INSPECTIONS AND REPORT TO LESSOR
17
14.
NOTIFICATION OF DEFECTS
18
Act
15.
LESSOR’S RIGHT OF ACCESS
18
16.
ADDITIONS AND ALTERATIONS
19
17.
LESSEE’S MAINTENANCE AND OTHER OBLIGATIONS
20
18.
INSURANCE
22
19.
DAMAGE TO OR DESTRUCTION OF PREMISES
24
20.
FORCE MAJEURE
26
21.
ASSIGNMENT, TRANSFER OR VESTING
27
22.
UNIT TITLE AND CROSS LEASE COVENANTS
27
Information
23.
NO SUBDIVISION
30
24.
CANCELLATION
30
25.
ESSENTIALITY OF PAYMENTS
31
26.
LOSS ON RE-ENTRY
31
27.
REMOVAL OF FIXTURES AND FITTINGS
31
Official
28.
DEALINGS WITH SUB-LESSEE FOLLOWING TERMINATION OR CANCELLATION
32
29.
DISPUTES
32
30.
NOTICES
33
the
31.
WAIVER
33
32.
CONFIDENTIALITY
33
33.
NO PARTNERSHIP
33
34.
MORTGAGEE CONSENT AND CONCURRENT INTERESTS
34
under
35.
EXCLUSION OF IMPLIED TERMS IN PROPERTY LAW ACT 2007
34
36.
REGISTRATION
35
37.
LIMITATION OF LIABILITY
36
38.
LESSEE’S REPRESENTATIVE
36
39.
COSTS
37
40.
LEASE SUPERSEDES ANY PREVIOUS LEASE
37
41.
FURTHER TERMS
37
Released
42.
EXTENSION OF TERM
37
43.
HOLDING OVER
38
SCHEDULE 3 PARTICULARS RELATING TO MINIMUM STANDARD
39
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DEED dated the
day of 20[ ]
[ ] at [ ] (“
Lessor”) being the owner of the Premises (as
described in the Particulars) HEREBY LEASES the Premises to
HOUSING NEW ZEALAND LIMITED
at Wellington (“
Lessee”) which accepts the grant of this Lease of the Premises for the Term from the
Commencement Date at the Annual Rent and otherwise on the terms and conditions which form
Schedules 1, 2 and 3 to this Lease.
EXECUTION
SIGNED [for and on behalf of] [by]
)
[ ] [LIMITED]
)
as Lessor in the presence of
)
Director/Authorised
Director/Authorised
Signatory
Signatory
1982
Witness signature
Act
Full Name
Address
Occupation
Information
Note:
If two directors sign, no witness is necessary. If a director and authorised signatory sign, both signatures are to be witnessed. If the
director and authorised signatory are not signing together, a separate witness will be necessary for each signature.
Official
SIGNED for and on behalf of
)
HOUSING NEW ZEALAND LIMITED as )
Lessee by its duly authorised attorney
)
the
in the presence of
)
Attorney
Signature
under
Full Name
Address
Released
Occupation
Note:
An Attorney must sign for Housing New Zealand. Only certain office holders have power of attorney. This does not include Tenancy
Managers or Property Managers. Refer to F-201. The Attorney must sign and date a certificate of non-revocation of power of attorney
and attach the certificate to this Lease.
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SCHEDULE 1
PARTICULARS
1.
Premises:
The land legally described as [ ] and
comprised in computer register [ ]
( Registry) with the dwelling and other
improvements situated on that land including all the Lessor’s
fittings, fixtures and chattels contained in the Premises.
2.
Address:
[ ].
3.
Term:
[
] years from the Commencement Date.
4.
Further Terms:
[ ] – clause 41 of Schedule 2.
1982
5.
Commencement Date:
[ ].
6.
Expiry Date:
[ ] – subject to extension in accordance with
clause 42 of Schedule 2.
Act
7.
Renewal Dates:
[ ].
8.
Final Expiry Date:
[ ] – subject to extension in accordance with
clause 42 of Schedule 2.
9.
Permitted Use:
Residential occupation including social housing – clause 7 of
Schedule 2.
10.
Annual Rent: GROSS
$[ ] as adjusted from time to time in accordance with
clause 3 of Schedule 2.
Information
11.
Monthly Rent: GROSS
$[ ] being one twelfth of the Annual Rent as
adjusted from time to time in accordance with clause 3 of
Schedule 2.
12.
Rent Review Dates:
Fixed Rent
Each anniversary of the Commencement
Official
Adjustment
Date during the Term and any Further Term
Dates:
which is not a Market Rent Review Date.
Market Rent
(i)
Each [ ] anniversary of the
the
Review
Commencement Date during the initial
Dates:
Term;
(ii)
Each Renewal Date; and
(iii)
Each [ ] anniversary of the
under
commencement date of and during any
Further Term.
13.
Valuer:
[ ] – see clauses 1.1 and 3.2 of Schedule 2.
14.
Schedule 3 Required:
[Yes/No] – particulars relating to Minimum Standard.
Lessor’s Address for Service:
[ ], New Zealand
Released
Lessee’s Address for Service:
80 Boulcott Street, Wellington 6011, New Zealand
For Lessee use only:
Lease reference number:
Other:
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SCHEDULE 2
TERMS AND CONDITIONS
1.
DEFINITIONS AND INTERPRETATION
1.1
In this Lease unless the context otherwise requires:
Whenever expressions appear in this Lease and also appear in Schedule 1 (Particulars), then
those expressions shall mean and include the details supplied after them in Schedule 1;
“Act” means the Residential Tenancies Act 1986;
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“Authority” means and includes each and every governmental, regional, territorial, municipal,
statutory or other authority, agency or body having jurisdiction or authority over or in respect of
the property or any part or any activity carried on from or within the property and includes:
Act
(a)
every network utility operator (as that term is defined in the Resource Management
Act 1991) having jurisdiction or authority over or in respect of the operation, provision
or distribution of services, facilities or amenities to or from, and essential for the
occupation of,
the Premises (such as water, waste water, electrical,
telecommunications, gas or drainage services); and
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(b)
every consent authority and requiring authority having authority or jurisdiction under,
or pursuant to, or for the purposes of, the Resource Management Act 1991;
“building consent”,
“code compliance certificate” and
“building work” shall each have
the meaning ascribed to them under the Building Act 2004;
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“Business Day” means a day other than:
the
(a)
a Saturday or Sunday; and
(b)
the Sovereign’s Birthday, Anzac Day, Labour Day and Waitangi Day; and
under
(c)
the day observed in the appropriate area as the anniversary of the province of which
the area forms part; and
(d)
a day in the period commencing with Good Friday and expiring with the Tuesday after
Easter; and
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(e)
a day in the period commencing with the 24th day of December and expiring with the
3rd day of January;
“consent authority”,
“requiring authority”,
“regional plan”,
“district plan”,
“regional
rules”,
“district rules”,
“abatement notice”,
“enforcement order” and
“resource
consent”, where used in reference to a resource consent shall each have the meaning
ascribed to them by the Resource Management Act 1991;
“contaminant” and
“hazardous substance” each have the meaning ascribed to them by the
Resource Management Act 1991, and “
unsafe concentrations” where used in reference to
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contaminants or hazardous substances shall be as specified or determined in accordance with
any prevailing national standards, Ministry of Health guidelines, occupational safety codes of
compliance or other applicable legislative or regulatory requirements from time to time for
dwellings to be suitable for domestic residence;
“Cost” for the
purposes of clauses 11 and 12 means amounts inclusive of GST paid or
payable by the Lessee to third parties in connection with the carrying out of any repairs,
maintenance or other work for which the Lessor is responsible under this Lease;
“GST” means goods and services tax as defined by the Goods and Services Tax Act 1985;
“Fixed Rent Adjustment Date” means each Fixed Rent Adjustment Date specified in Item 12
of the Particulars;
1982
“Force Majeure Event” means an Act of God (including earthquakes, volcanic activity,
landslides, lightning, floods, storms or other extraordinary weather event or natural disaster),
Act
acts of the Queen’s enemies, wars, insurrections, riots, strikes by employees, contractors, and
subcontractors other than those employed by the Lessor or the Lessee, epidemics, civil
disturbance or the order of any court or other Authority;
“
Essential Services” means all plumbing, electrical fittings and electrical wiring, gas facilities
(including pipes, conduits, valves and other equipment), and other services, facilities or
amenities provided by the Lessor for heating or cooling the Premises or otherwise essential
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for the occupation of the Premises for the Permitted Use;
“
exterior and structure of the Premises” extends to include the roof, chimney(s), flue(s),
gutters, floors, internal structural walls, external walls, external doors and door frames,
Official
external windows and window frames (including glass contained in such external doors and
windows) and remaining fabric, structure and shell of any building(s) which comprise or are
the
contained in the Premises (or where the Premises form part of a building, then such building)
not forming part of the interior of the Premises;
“GST” means goods and services tax as defined by the Goods and Services Tax Act 1985;
under
“HNZ” means Housing New Zealand Limited and extends to include its successors and
assigns;
“HNZC” means Housing New Zealand Corporation and extends to include its successors and
assigns;
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“HNZC Code of Conduct” means the code of conduct issued by HNZC setting out the rules
and guidelines which it and its officers, agents and contractors must observe in carrying out
rights of inspection, maintenance and repair of properties leased out by HNZ for residential
purposes and includes all updates and amendments from time to time (a full set of which is
available for viewing at the Manukau and Wellington offices of HNZC during normal office
hours);
“HNZC’s Maintenance Standard” means the maintenance standards and guidelines applied
by HNZC to houses which it itself owns as updated and amended by HNZC from time to time
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(a full set of which is available for viewing at the Manukau and Wellington offices of HNZC
during normal office hours);
“
interior of the Premises” extends to:
(a)
the internal surfaces of external walls and of internal structural walls;
(b)
the internal surfaces of the ceiling; and
(c)
the internal surfaces of external doors and door frames and of external windows and
window frames, and the internal surfaces of the glass contained in such external
doors and windows,
of any building(s) which comprise or are contained in the Premises (or where the Premises
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form part of a building, then such internal surfaces within the space which comprises the
Premises), and extends to include all internal non-structural partitions and divisions, windows
Act
and window frames, and internal doors and door frames (including the glass contained in such
doors and windows);
“Lease” means the lease granted by this instrument;
“Lessee” includes where appropriate the executors, administrators, successors and assigns
of the Lessee and, where the context requires, extends to and includes the Lessee’s
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representatives, agents and contractors;
“Lessor” includes where appropriate the executors, administrators, successors and permitted
assigns of the Lessor;
Official
“Market Rent Review Date” means each Market Rent Review Date specified in Item 12 of
the Particulars;
the
“Minimum Standard” means those minimum standards of amenity, performance standards
and other requirements for a house:
(a)
as set out in Schedule 3 (if indicated in the Particulars);
under
(b)
that must be met by a community housing provider to maintain registration as a
class 1: social landlord (or if that class is replaced or substituted, its nearest
equivalent) under the Housing Restructuring and Tenancy Matters Act 1992 (and the
regulations to that Act, including the Housing Restructuring and Tenancy Matters
Community Housing Provide Regulations 2014) and any amendments, Act and
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regulations in substitution; and
(c)
otherwise as required by law from time to time for dwellings to be suitable for
domestic residence and includes, by way of example and not limitation, compliance
insofar as they relate to residential dwellings within the Housing Restructuring and
Tenancy Matters Act 1992, the Local Government Act 1974, the Local Government
Act 2002, the Health Act 1956, the Building Act 2004, the Resource Management
Act 1991, the Health and Safety at Work Act 2015 and the Act (and the regulations to
those Acts, if any, and other applicable regulations such as the Housing Improvement
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Regulations 1947) and all amendments and Acts (and the regulations to those Acts, if
any) in substitution and otherwise as may be required to meet the requirements of all
relevant Authorities;
“Month” means a calendar month commencing on the first day of that month and ending on
the last day of that month;
“Outgoings” means all costs and expenses incurred in respect of or associated with the
Premises (and the common areas of the property, if applicable) including but not limited to:
(a)
body corporate levies, water and/or waste water rates or other charges, rates, duties,
taxes or levies payable to the relevant Authority; and
1982
(b)
insurance premiums and related valuation fees,
but does not include charges for electricity, telecommunications or gas supplied to and used
Act
or consumed in the Premises by the Lessee or any sub-lessee;
“Particulars” means the particulars which are described in Schedule 1 of this Lease;
“Premises” means the Premises as described in the Particulars;
“property” and
“building” mean the land and building(s) of the Lessor which comprise or
contain the Premises. Where the Premises are part of a unit title development the word
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“property” means the land and building(s) comprised in that development;
“Rent Review Date” includes each Fixed Rent Adjustment Date and Market Rent Review
Date;
Official
“Renewal Date” means each Renewal Date specified in Item 7 of the Particulars;
the
“Renewed Lease” is a lease granted pursuant to clause 41;
“
structure” in relation to any building(s) on a property extends to include the structure,
structural elements and fabric, foundations and any support structure impacting on the
under
structural integrity of the building;
“Term” means the term specified in the Particulars and includes any Further Term (and
where applicable shall also extend to include any extended period pursuant to clause 42); and
“
Valuer” means that valuer identified in Item 13 of the Particulars or such other registered
valuer as the parties may agree from time to time.
Released
1.2
In this Lease unless the context otherwise requires:
(a)
Headings and subheadings are inserted for ease of reference only and do not form
part of this Lease or affect the interpretation of this Lease.
(b)
Words importing a singular number shall include the plural and vice versa.
(c)
Where two or more persons are bound by a provision in this Lease, then that
provision shall bind those persons jointly and each of them severally.
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(d)
References to persons shall be deemed to include references to individuals,
companies, corporations or partnerships in each case whether or not having separate
legal personalities.
(e)
References to parties, clauses and schedules shall be references to parties, clauses
and schedules of this Lease, and a reference in a schedule to a clause is a reference
to a clause in that schedule.
(f)
Any obligation not to do something shall be deemed to include an obligation not to
suffer, commit or cause that thing to be done. Any obligation to do something shall be
deemed to include an obligation to cause that thing to be done.
(g)
References to any Act means an Act of the New Zealand Parliament at present in
1982
force and includes references to regulations, orders, notices or codes of practice
made under or pursuant to any such Act and references to an Act or regulation shall
Act
include all amendments to that Act or regulation (whether by subsequent statute or
otherwise) and references to an Act or regulation passed in substitution for that Act or
regulation.
(h)
If something is to be done by a day that is not a Business Day the obligation to
perform or do that thing by that day shall be postponed to the next following Business
Day.
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(i)
References to currency are to $NZ inclusive of GST (if any) unless expressly specified
to the contrary.
(j)
This Lease is to be construed in accordance with New Zealand law.
Official
2.
RENT
the
2.1
The Lessee shall pay during the Term the Annual Rent (as adjusted from time to time under
this Lease) by equal monthly instalments of the Monthly Rent on the first Business Day of
each Month during the Term (and proportionately for any part of a Month). Payments of the
under
Monthly Rent shall be paid in arrears with the first payment (being a proportionate payment if
applicable) to be paid on the first Business Day of the Month first occurring after the
Commencement Date.
2.2
The Lessee shall be entitled to pay any Outgoings not paid by the Lessor pursuant to clause 4
and deduct that cost from the Monthly Rent.
Released
3.
RENT REVIEWS
3.1
The Annual Rent applicable under this Lease shall be adjusted as from each Fixed Rent
Adjustment Date to be the Annual Rent payable during the period of twelve (12) months
immediately preceding the relevant Fixed Rent Adjustment Date increased by two (2) per cent
(2%).
3.2
The Annual Rent applicable under this Lease may be reviewed as from each Market Rent
Review Date as follows:
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(a)
Either party may, but in each case not earlier than three (3) months prior to and not
later than three (3) months following the relevant Market Rent Review Date (time
being of the essence), give written notice to the other party that it requires the Annual
Rent to be reviewed in accordance with this clause 3.2.
(b)
Upon provision or receipt of a written notice by either party under clause 3.2(a), the
parties shall endeavour to agree upon the current market rent of the Premises to
apply as the new Annual Rent, but if agreement is not reached within ten (10)
Business Days following that notice (or such longer period as the parties may agree),
then the current market rent (and accordingly the new Annual Rent) shall be
determined by the Valuer, acting as an expert and not as an arbitrator.
(c)
Each party shall be given the opportunity to make written or oral representations
1982
subject to such reasonable time and other limits as the Valuer may prescribe and the
Valuer
shall have regard to any such representations but shall not be bound by them.
Act
(d)
When the current market rent has been determined the person or persons
determining the same shall give written notice of it to the parties. The parties shall
share the costs of the determination equally.
(e)
Notwithstanding any other provision of this clause 3.2, the new Annual Rent shall not
be less than the Annual Rent payable by the Lessee as from the Commencement
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Date of the initial Term of this Lease.
(f)
The provisions relating to resolution of disputes in accordance with clause 29 shall
apply to any determination of the current market rent in accordance with this clause
3.2
.
Official
(g)
For the purposes of this clause 3.2, the current market rent shall be determined in
the
accordance with its ordinary meaning, however:
(i)
having regard to the following factors:
(1)
the rental values of comparable premises in the locality or in similar
under
localities;
(2)
the Premises are available for leasing with vacant possession by a
willing but not anxious Lessor to a willing but not anxious Lessee for a
term equal to the whole Term and any additional right of renewal;
Released (3) the permitted use of the Premises and services by the Lessee;
(4)
the Act is not intended to apply to this Lease;
(5)
the terms and conditions contained in this Lease (including the
provisions for rent review) other than the amount of rent reserved in
this Lease;
(6)
the general fitness, condition and quality of the Premises; and
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(ii)
disregarding the following factors:
(1)
any improvements or fixtures erected or installed at the Lessee’s
expense;
(2)
any goodwill attributable to the Premises through the Lessee’s
business activity;
(3)
the deleterious condition of the Premises if such condition results
from any breach of this Lease by the Lessee.
4.
OUTGOINGS
1982
4.1
The Lessor shall pay all Outgoings in respect of the Premises (including but not limited to all
general, water and waste water rates) directly to the relevant Authority or other party entitled
to receive payment.
Act
4.2
The Lessor is responsible for the maintenance and upkeep of, and all costs and charges
associated with, the supply, consumption and/or usage of any water provided to the Premises
and/or waste water disposed of from the Premises by way of non-reticulated services, facilities
or systems (if applicable to the Premises).
4.3
Where separate water and/or waste water rates are levied by an Authority in respect of the
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consumption or usage of water provided to the Premises and/or waste water disposed of from
the Premises, the following shall apply at the end of each rating year:
(a)
The Lessee shall, on receipt of proof that payment has been made by the Lessor of
any invoice relating to water and waste water rates and/or water and waste water
Official
usage in respect of the Premises from the relevant Authority together with a copy of
the relevant invoice, pay to the Lessor that part (or those parts) of the charges levied
the
by the relevant Authority which relate(s) to the actual consumption or usage of water
provided to the Premises and/or waste water disposed of from the Premises (whether
such consumption or usage charges are determined on the basis of actual metered
under
consumption or usage, or as a fixed rate) (subject always to clauses 4.3(b) and (c)).
(b)
The Lessee shall not be responsible under clause 4.3(a) to pay any charges (whether
fixed, uniform or otherwise) or part(s) of them:
(i)
which are incurred whether or not the Premises are occupied; and/or
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(ii)
for common facilities; and/or
(iii)
if the Lessor fails to provide to the Lessee receipt of proof of payment and a
copy of the relevant invoice within three (3) months (time being of the
essence) after the end of the relevant rating year.
(c)
Charges for which the Lessee is responsible under clause 4.3(a) shall be apportioned
between the Lessor and the Lessee in respect of periods current at the
commencement and termination of the Term.
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4.4
If the Lessor does not pay the Outgoings as required the Lessee may, if it considers it
reasonably necessary for the maintenance and/or operation of any Essential Services,
provided any sub-lessee has not paid any such Outgoings, pay any or all of the Outgoings
(including GST (if any)) and shall be entitled to deduct those amounts (where paid by the
Lessee, or by the sub-lessee where that sub-lessee is entitled to recover payment from the
Lessee) from the Monthly Rent.
5.
GST
The parties acknowledge that the Annual Rent is inclusive of GST (if any) and the Lessor shall
be solely responsible to account to the Commissioner of Inland Revenue for any GST (and
any additional GST penalty, interest or other sum levied against the Lessor by reason of non
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or late payment of GST) payable by the Lessor in respect of any payments made by the
Lessee under this Lease (including the payment of Annual Rent) as and when such GST falls
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due.
6.
INTEREST ON UNPAID MONEYS
If the Monthly Rent or other moneys payable by one party to the other on any account
whatsoever pursuant to this Lease shall be in arrears and unpaid for ten (10) Business Days
after the due date for payment, whether or not any formal or legal demand for payment has
been made, such moneys shall bear interest at the rate equivalent to that being charged by
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the Lessee’s main bank for unsecured lending during the time the moneys were outstanding
plus two (2) per cent (2%) per annum from such due date until the date of payment in full of
such moneys and such interest shall be payable on demand and be recoverable in like
manner as Monthly Rent or other moneys in arrears. The recovery of or the right to recover
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interest shall be without prejudice to all other rights, powers and remedies in this Lease.
the
7.
USE
7.1
The Premises are to be used by the Lessee for the Permitted Use only.
under
7.2
It is acknowledged by the Lessee and the Lessor that the Act is not intended to apply to this
Lease. The Lessee and the Lessor also hereby expressly provide and acknowledge that the
Lessee will not occupy the Premises but will (either itself or through HNZC or any other agent
of the Lessee, as the case may be) sublet the Premises to a third party for residential
purposes including social housing and the Lessor hereby consents to that subletting. This
Lease is granted and taken genuinely for that purpose and not for the purpose of evading all
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or any of the provisions of the Act.
7.3
Despite clause 7.2, the Lessor and the Lessee expressly acknowledge that the Act and its
processes may apply to the exercise by the Lessee (or HNZC or any other agent of the
Lessee, as the case may be) of its rights and remedies as against any sub-lessee of the
Premises from time to time.
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8.
QUIET ENJOYMENT
The Lessee shall quietly hold and enjoy the Premises throughout the Term without any
interruption by the Lessor or any person claiming under the Lessor.
9.
COMPLIANCE WITH ACTS AND REGULATIONS
9.1
The Lessor warrants to the best of its knowledge and belief that, at the Commencement Date
of the initial Term of this Lease:
(a)
the Premises are suitable
for the Permitted Use and comply fully with the Minimum
Standard; and
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(b)
the use of the Premises by the Lessee for the Permitted Use will comply with all
applicable acts, ordinances, regulations, by-laws, regional and district rules for the
Act
time being in force and the requirements of any Authority having jurisdiction; and
(c)
all Essential Services are fit for the Permitted Use, safe, and in good, operational
order and will last for the duration of the Term; and
(d)
the Premises are not, and have never been, a leaky building (as defined in the
Weathertight Homes Resolution Services Act 2006, being a dwellinghouse into which
water has penetrated as a result of any aspect of the design, construction, or
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alteration of the dwellinghouse, or materials used in its construction or alteration); and
(e)
the Premises are free from unsafe concentrations of contaminants and hazardous
substances on, in or under the Premises as at the Commencement Date of the initial
Official
Term or arising as a result of previous uses of the Premises and/or other parts of the
Lessor’s property; and
the
(f)
the Premises comply fully with all requirements in respect of smoke alarms and
insulation that are imposed on a landlord of residential premises under the Act and
any relevant regulations made under the Act.
under
9.2
The Lessor indemnifies the Lessee against all costs, claims, damage, expense, loss or liability
which the Lessee suffers or incurs at any time as a direct or indirect result of any breach by
the Lessor of any of its warranties under clause 9.1.
9.3
Except where the same is expressed to be the responsibility of the Lessee under this Lease,
the Lessor shall comply with:
Released
(a)
the provisions of all acts, ordinances, regulations, by-laws, regional plan and district
plan, and regional rules and district rules for the time being in force; and
(b)
the requirements of all Authorities (including compliance with regional rules and
district rules and, if applicable the obtaining of any resource consent or other
authorisation, approval, permit or consent); and
(c)
all notices (including abatement notices) and all requisitions issued, made or given by
any Authority; and
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(d)
the conditions of any resource consent, building consent, licence or permit; and
(e)
the provisions of any enforcement order;
in any way relating to or affecting the exterior and structure of the Premises and all Essential
Services, and shall forthwith after receipt of any requisition or notice supply a copy of same to
the Lessee.
10.
LESSOR’S MAINTENANCE AND OTHER OBLIGATIONS
10.1
The Lessor shall, at its expense during the Term:
(a)
put, keep and maintain:
1982
(i)
the exterior and structure of the Premises; and
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(ii)
all Essential Services;
(iii)
all other services, facilities or amenities provided as an integral part of the
building or the property for the general use and enjoyment of the building by
its occupants (for example, lifts and escalators);
(iv)
all common areas of the property (if any),
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in a weatherproof and watertight condition (as applicable) and in good order and
repair;
(b)
repair any inherent defect in the Premises (including any inherent defect in the
Essential Services or in the Lessor’s, fixtures, fittings and chattels), whether caused or
Official
arising during or before the commencement of the Term;
the
(c)
be responsible for:
(i)
exterior landscaping work of a major, non-recurring maintenance nature, such
as tree removals and replacement of fencing and retaining walls; and
under
(ii)
maintenance of spas and/or swimming pools and associated equipment (if
any), including recurrent and structural maintenance;
(d)
use best endeavours to ensure that the exterior and structure of the Premises and all
Essential Services at all times comply with:
Released
(i)
the Minimum Standard (as applicable); and
(ii)
all relevant legislation and regulations; and
(e)
carry out all or any works to the Premises (whether to the interior of the Premises or to
the exterior and structure of the Premises) reasonably required by the Lessee and
notified to the Lessor to remedy any breach by the Lessor of any of its warranties
under clause 9.1.
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10.2
The Lessor shall not be liable for any glass replacement or repair and maintenance of the
interior of the Premises which the Lessee is responsible to undertake in accordance with
clause 17 except where and to the extent that the need for replacement, repair or
maintenance of the same is caused by or arises from the Lessor’s failure to comply with its
other repair and maintenance responsibilities.
10.3
The Lessor covenants that where works were undertaken to the Premises (whether to the
interior of the Premises or to the exterior and structure of the Premises) prior to or about the
Commencement Date or during the Term where a building consent was required for those
works, the works were undertaken in accordance with a building consent, and a code
compliance certificate has issued.
10.4
The Lessor shall:
1982
(a)
ensure that before accessing the Premises the Lessor provides the Lessee with
Act
sufficient notice in accordance with clause 15 to enable the Lessee to fully comply
with its obligations under the Act; and
(b)
comply with the HNZC Code of Conduct and the Act in respect of any visits which the
Lessor or its agent or contractor makes to the Premises to carry out any work for
which the Lessor is responsible under this Lease.
10.5
Without limiting any other rights which the Lessee might have under this Lease or at law,
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where any maintenance or repair work is to be carried out by or on behalf of the Lessor:
(a)
which adversely affects the quiet enjoyment of the Lessee or any sub-lessee, the
Monthly Rent shall abate according to the nature and extent of the disturbance or
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interruption; and
(b)
for which vacant possession of the Premises is reasonably required for the work to be
the
carried out, then no Monthly Rent shall be payable while the Lessee or any sub-
lessee is required to yield up possession of the Premises to enable the work.
11.
LESSEE’S ELECTION TO CARRY OUT WORK ON LESSOR’S BEHALF
under
11.1
The Lessee may in its sole discretion elect to carry out all or any work (including repair and
replacement) in respect of the Premises for which the Lessor is responsible under this Lease,
as agent for and on behalf of the Lessor, including (but not limited to) where the Lessee
considers that such work must reasonably be done:
Released
(a)
to enable the Lessee or other occupant of the Premises to have, or continue to have,
the full use and benefit of the Premises for the Permitted Use;
(b)
to ensure the least practicable interference with the ability of the Lessee or any
occupant of the Premises to have, or continue to have, the full use and benefit of the
Premises for the Permitted Use; and/or
(c)
to protect the health, safety, privacy and security of any occupant of the Premises;
and/or
HNZ Rental Property Lease Instrument
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(d)
having regard to the Lessee’s role to provide quality social housing.
11.2
The Lessee shall consult with the Lessor in respect of any expenditure on work to be carried
out on the Lessor’s behalf in accordance with this clause 11.
11.3
The Lessee shall be entitled to deduct from the Monthly Rent an amount equal to the Cost of
any work for which the Lessor is responsible under this Lease which the Lessee elects to
carry out on the Lessor’s behalf in accordance with this clause 11. Where the Lessee makes
a deduction from the Monthly Rent for the Cost of any such work, the Lessee must provide
reasonable evidence of this Cost to the Lessor.
11.4
For the avoidance of doubt, nothing in this clause 11 in any way requires the Lessee to carry
out any work in respect of the Premises for which the Lessor is responsible under this Lease,
1982
nor shall anything the Lessee does under this clause 11 relieve the Lessor from or diminish its
obligations and responsibilities under clause 10.
Act
12.
LESSEE’S OBLIGATIONS IN CARRYING OUT WORK ON LESSOR’S BEHALF
12.1
If the Lessee carries out any work for and on behalf of the Lessor in accordance with clause
11.1, the Lessee shall:
(a)
where any such work includes or comprises any alterations or additions which are
structural in nature, obtain the consent of the Lessor (such consent not to be
Information
unreasonably or arbitrarily withheld or delayed);
(b)
arrange for all such work to be carried out by contractors contracted by the Lessee, in
a workmanlike manner and in accordance with all applicable statutory or regulatory
Official
requirements (including where necessary obtaining any necessary building consents
and code compliance certificates); and
the
(c)
notify the Lessor of all such work undertaken and the Cost of such work.
12.2
Where the Lessee carries out any work on the Lessor’s behalf in respect of which the Lessor
may wish to claim the cost under any warranty, the Lessee shall assist and co-operate and
under
provide documentation reasonably required for the Lessor’s claim.
13.
LESSEE TO CARRY OUT PERIODIC INSPECTIONS AND REPORT TO LESSOR
13.1
The Lessee shall (either itself or through its representatives or contractors contracted by the
Lessee) carry out annual inspections of the Premises and then report to the Lessor in writing
Released
on the outcome of those inspections. The Lessee’s inspection reports to the Lessor shall,
where applicable, identify and make recommendations on any work in respect of the Premises
for which the Lessor is responsible under this Lease which the Lessee considers may need to
be undertaken.
13.2
The parties shall use their reasonable endeavours to agree upon an annual programme for
any work for which the Lessor is responsible under this Lease (both parties acting
reasonably), having regard to any recommendations made by the Lessee in its inspection
reports to the Lessor. That programme:
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(a)
is to identify what actions may be needed, when that action should be undertaken and
the expected cost of that action; and
(b)
may, without limiting the Lessee’s rights under clause 11 in any way, also identify
whether any action is to be undertaken by the Lessor or by the Lessee on the
Lessor’s behalf in accordance with clause 11.
13.3
The Lessor acknowledges and accepts that:
(a)
the information and services provided by the Lessee in carrying out inspections of the
Premises, reporting to the Lessor and making any associated recommendations:
(i)
may be based only on an opinion of the physical condition of the property
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from a limited visual inspection of those parts of the property which are readily
visible and accessible on the day and at the time of the inspection (and
without limiting the foregoing, will not reveal the existence of any water
Act
ingress or latent, concealed, non-visible or obscured defects or problems);
(ii)
are made available without any representation of any kind, express or implied;
by the Lessee;
(b)
the Lessee does not assume and expressly disclaims any responsibility or liability for
any incompleteness, inaccuracy, error or omission in or arising from the provision of
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such information and services; and
(c)
the Premises may not be in the standard required by this Lease on the
Commencement Date and the Lessor agrees that the provisions of this Lease apply to
all work required to the Premises to meet that standard.
Official
13.4
The Lessor shall generally use its reasonable endeavours to assist and provide the Lessee
the
with all reasonable information required by the Lessee in relation to the Premises and the
property in a timely and effective manner.
14.
NOTIFICATION OF DEFECTS
under
14.1
The Lessee will inform the Lessor as soon as reasonably practicable after such matters
become known to the Lessee of:
(a)
any features of the Premises which do not comply with any legislation, regulations or
by-laws applicable to the Premises and/or their use; and
Released
(b)
any improvements or repairs required to be made to the Premises to ensure that the
exterior and structure of the Premises and all Essential Services:
(i)
are put into and remain in a good standard of repair and suitable for the
Permitted Use; and
(ii)
comply with all relevant acts, ordinances, bylaws, regional and district plans
and rules for the time being in force or the requirements of any Authority
having jurisdiction over the Premises.
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15.
LESSOR’S RIGHT OF ACCESS
15.1
The Lessor shall not at any time enter the Premises except:
(a)
for the purpose of carrying out necessary repairs to or necessary maintenance of, the
Premises required to be carried out by the Lessor (except to the extent that the
Lessee is to perform such repairs or maintenance for and on behalf of the Lessor
under clause 11), after giving to the Lessee not less than twenty four (24) hours’ prior
notice of the intended entry and the reason for that intended entry; or
(b)
with the prior written consent of the Lessee on each occasion provided that such
consent shall not, having regard to the Lessee’s obligations to any sub-lessee under
the Act and the HNZ Code of Conduct, be unreasonably withheld if no entry for that
1982
purpose has been made by the Landlord within the last twelve (12) months.
Act
15.2
For the avoidance of doubt, the Lessor and its agents may not:
(a)
except with the prior written consent of the Lessee under clause 15.1 on each
occasion, at any time enter the Premises for the purposes of showing the Premises to
prospective lessees, prospective purchasers, valuers or the Lessor’s agents, and then
not more frequently than reasonably specified by the Lessee; or
(b)
in any circumstances enter the Premises for the purposes of showing the Premises by
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way of an open home; or
(c)
communicate directly with any sub-lessee whatsoever during the Term without first
notifying the Lessee (except in the case of an emergency) and advising the reason for
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that communication; or
(d)
in contravention of the Act cause or permit any interference with the reasonable
the
peace, comfort or privacy of any sub-lessee in the use of the Premises by that sub-
lessee (and without limiting the generality of this sub-clause, the Lessor and its agents
may not record, distribute or publish any images (including electronically) of any sub-
under
lessee(s) or their personal belongings under any circumstances except with the prior
written consent of the Lessee on each occasion).
15.3
In any of the circumstances in which the Lessor is permitted to enter the Premises described
in this clause 15 (except in an emergency):
(a)
such rights of entry shall be restricted to times between 8 o’clock in the morning and
Released
7 o’clock in the evening; and
(b)
the Lessee shall be entitled to require that an authorised representative of the Lessee
accompanies the Lessor at all times while on the Premises.
15.4
Having regard to the Lessee’s obligations to any sub-lessee under the Act, if the Act at any
time provides for:
(a)
any longer minimum periods for a landlord to give prior written notice before entering
premises than the minimum notice period set out in clause 15.1; and/or
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(b)
any maximum frequency of entry by a landlord onto premises; and/or
(c)
any greater hourly restrictions during which a landlord is permitted to enter premises
(except in an emergency) than the hourly restrictions on entry set out in clause 15.3,
then the applicable restrictions set out in clauses 15.1, 15.2 and 15.3 relating to minimum
notice periods, maximum frequency of entry and hourly restrictions on entry by the Lessor
shall be deemed to be adjusted (as applicable) to reflect such greater restrictions as are then
imposed upon a landlord under the Act.
15.5
For the purposes of this clause 15, a reference to the Lessor is deemed to include the
Lessor’s agents, employees, contractors and other invitees.
1982
16.
ADDITIONS AND ALTERATIONS
16.1
In addition to the rights provided for in clause 11, the Lessee may make or allow to be made
Act
alterations or additions to any part of the Premises:
(a)
without having to obtain the written consent if such alterations or additions are non-
structural in nature; and
(b)
in any other case upon first producing to the Lessor on every occasion plans and
specifications and obtaining the written consent of the Lessor (not to be unreasonably
Information
or arbitrarily withheld).
16.2
The Lessee will promptly discharge and procure the withdrawal of any liens or charges of
which notice may be given to the Lessee or the Lessor in respect of any work carried out by
the Lessee.
Official
16.3
The Lessee, when undertaking any building work to the Premises, shall comply with all
the
statutory requirements including the obtaining of building consents and code compliance
certificates.
16.4
The Lessee shall reinstate the Premises at the expiry of the Term:
under
(a)
in respect of any alterations or additions undertaken under clause 16.1(a); and
(b)
in respect of any alterations or additions undertaken under clause 16.1(b) if the Lessor
so requires in writing at the time of giving its consent to those additions or alterations.
17.
LESSEE’S MAINTENANCE AND OTHER OBLIGATIONS
Released
17.1
Subject to clause 10 and the following provisions of this clause 17, the Lessee shall be
responsible during the Term, at its expense, to:
(a)
repair and maintain:
(i)
the interior of the Premises; and
(ii)
all Lessor’s fixtures, fittings and chattels (excluding Essential Services) which
are located within the interior of the Premises; and
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(b)
keep any exterior grounds, yards and surfaced areas comprised in or forming part of
the Premises in a tidy condition, and maintain any garden or lawn areas in a tidy and
cared for condition.
17.2
The Lessee shall, at its expense and to the reasonable satisfaction of the Lessor, at the
expiration or earlier determination of the Term (or, where this Lease is renewed, at the
expiration or earlier determination of the last renewed term):
(a)
quietly yield up the interior of the Premises and the Lessor’s fixtures, fittings and
chattels contained in the Premises:
(i)
in the same order, repair and condition as they were in at the Commencement
Date of the initial Term of this Lease (in respect of the interior of the
1982
Premises, subject to fair wear and tear and normal ageing); and
(ii)
free from unsafe concentrations of contaminants and hazardous substances
Act
on, in or under the Premises arising as a result of the use of the Premises by
the Lessee or any sub-lessee;
(b)
replace all broken glass in windows and doors forming part of the Premises;
(c)
replace any Lessor’s fixtures, fittings and chattels located within the interior of the
Premises and which cannot be yielded up in the same order, repair and condition as
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they were in at the Commencement Date of the initial Term of this Lease with items of
a similar standard to the original items;
(d)
paint and redecorate those parts of the interior of the Premises which have previously
been painted and decorated (unless and to the extent that the same have been
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painted and redecorated within the preceding twelve (12) months and do not
reasonably require further painting and redecorating) to a specification reasonably
the
determined by the Lessee, but in any event, such specification shall not be required to
exceed the standard to which the Premises were decorated at the Commencement
Date of the initial Term of this Lease;
under
(e)
replace all floor coverings and curtains in the Premises (unless and to the extent that
the same have been replaced within the preceding twelve (12) months and do not
reasonably require further replacement) to a specification reasonably determined by
the Lessee, but in any event, such specification shall not be required to exceed the
standard of the floor coverings and curtains in the Premises at the Commencement
Released
Date of the initial Term of this Lease; and
(f)
make good any damage to the Premises (including damage to any drains, fences,
paths, lawns, gardens, or grounds, or to any clotheslines or other facilities provided in
the grounds, or to any conduits serving the Premises, or to any windows, doors,
Lessor’s fixtures, fittings and chattels, or other facilities leased with the Premises)
caused by the wilful or negligent act or omission of the Lessee or any sub-lessee,
except to the extent that the Lessor is able to recover the cost of making good such
damage under insurance effected by the Lessor.
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17.3
The Lessee shall not be responsible under clause 17.2 or otherwise under this Lease for:
(a)
any repair and maintenance which the Lessor is responsible to undertake;
(b)
any repair of any inherent defect in the Premises (including any inherent defect in the
Essential Services or in the Lessor’s, fixtures, fittings and chattels); and
(c)
making good any loss or damage by fire, flood, explosion, lightning, storm,
earthquake, volcanic activity, earth subsidence, other extraordinary weather event or
natural disaster, inevitable accident or the occurrence of any other peril against the
risk of which the Lessor is or has covenanted with the Lessee to be insured, save
where and to the extent that:
1982
(i)
the damage was intentionally done or caused by the Lessee or the Lessee’s
employees, contractors, sub-lessee or sub-lessee’s invitees; or
Act
(ii)
the damage was the result of an act or omission by the Lessee or the
Lessee’s employees, contractors, sub-lessee or sub-lessee’s invitees that:
(1)
occurred on or about the Premises or the property; and
(2)
constitutes an imprisonable offence; or
(iii)
any insurance moneys that would otherwise have been payable to the Lessor
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for the damage are irrecoverable because of an act or omission of the Lessee
or the Lessee’s employees, contractors, sub-lessee or sub-lessee’s invitees.
17.4
The Lessor acknowledges and accepts that:
Official
(a)
the Premises will be used for social housing during the Term; and
the
(b)
subject to the Lessee complying with any applicable statutory or regulatory
requirements regarding the same and also with its obligations in clause 17.2 at the
expiration or earlier determination of the Term (or, where this Lease is renewed, at the
expiration or earlier determination of the last renewed term), but otherwise despite any
under
other provision of this Lease:
(i)
the Lessee may, in its sole discretion, elect to defer the performance of or
compliance with any maintenance, repair, reinstatement or replacement
obligations it may have under this Lease in respect of the Premises and/or the
Lessor’s fixtures, fittings and chattels contained in the Premises until the
Released expiration or earlier determination of the Term (or, where this Lease is
renewed, at the expiration or earlier determination of the last renewed term)
and in doing so it shall not be or be deemed to be in breach of those
obligations; and
(ii)
the Lessee is not obliged to ensure, nor does it make any warranty or
representation (expressed or implied) whatsoever, that the Premises and the
Lessor’s fixtures, fittings and chattels contained in the Premises will at all
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times during the currency of this Lease be kept and maintained in clean order,
repair and condition.
18.
INSURANCE
18.1
The Lessor shall insure the Premises for their full reinstatement value against loss, damage or
destruction by fire, flood, explosion, lightning, storm, earthquake, volcanic activity, earth
subsidence, other extraordinary weather event or natural disaster, or inevitable accident.
18.2
For the avoidance of doubt, sections 268 to 270 of the Property Law Act 2007 apply to this
Lease. In view of that, where the Premises or any part(s) of the property are damaged or
destroyed by:
1982
(a)
fire, flood, explosion, lightning, storm, earthquake, volcanic activity, earth subsidence,
other extraordinary weather event or natural disaster or inevitable accident; or
Act
(b)
the occurrence of any other peril against the risk of which the Lessor is insured or has
covenanted with the Lessee to be insured,
then:
(c)
the Lessor must not require the Lessee:
Information
(i)
to meet the cost of making good the destruction or damage; or
(ii)
to indemnify the Lessor against the cost of making good the destruction or
damage; or
Official
(iii)
to pay damages in respect of the destruction or damage; and
(d)
the Lessor must indemnify the Lessee against the cost of carrying out any works to
the
make good the destruction or damage if the Lessee is obliged by the terms of this
Lease to carry out those works.
18.3
Clause 18.2 applies:
under
(a)
even if an event that gives rise to the destruction or damage is caused or contributed
to by the negligence of the Lessee or a person for whose acts or omissions the
Lessee is responsible including the Lessee’s employees, contractors, sub-lessee or
sub-lessee’s invitees; and
Released
(b)
except as provided in clause 18.4.
18.4
Clause 18.2(c) does not excuse the Lessee from any liability to which the Lessee would
otherwise be subject, and the Lessor does not have to indemnify the Lessee under clause
18.2(d), if, and to the extent that:
(a)
the destruction or damage was intentionally done or caused by the Lessee or the
Lessee’s employees, contractors, sub-lessee or sub-lessee’s invitees; or
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(b)
the destruction or damage was the result of an act or omission by the Lessee or the
Lessee’s employees, contractors, sub-lessee or sub-lessee’s invitees that:
(i)
occurred on or about the Premises or the property; and
(ii)
constitutes an imprisonable offence; or
(c)
any insurance moneys that would otherwise have been payable to the Lessor for the
destruction or damage are irrecoverable because of an act or omission of the Lessee
or the Lessee’s employees, contractors, sub-lessee or sub-lessee’s invitees.
18.5
The Lessee may manage any remedial work resulting from any insurance claims on the
Lessor’s behalf (acting reasonably) and will be entitled to recover the costs of such
1982
management from the Lessor’s insurance company or, failing that, the Lessor except where
the damage is caused by the deliberate or wilful act or omission of the Lessee.
Act
18.6
The Lessor shall:
(a)
on or before the Commencement Date, provide in writing to the Lessee full copies of
the policy of insurance effected and maintained by or on behalf of the Lessor in
respect of the Premises (and, if the Premises form part of a unit title development
under the Unit Titles Act 2010 so clause 22.1 applies, by or on behalf of the relevant
Body Corporate) and a certificate of currency for that policy (together, “
policy
Information
documents”);
(b)
provide in writing to the Lessee any policy documents and other information about
insurance of the Premises that the Lessee reasonably requests from time to time;
Official
(c)
if anything changes so that any policy documents or other information provided by the
Lessor in accordance with this clause 18.6 are no longer accurate, current or correct,
the
provide the accurate, current or correct policy documents or information in writing to
the Lessee; and
(d)
provide all policy documents and other information in accordance with clauses 18.6(b)
under
and 18.6(c) promptly and in any case within such timeframe as the Lessee reasonably
requires to enable the Lessee to meet any insurance disclosure obligations to any
sub-lessee of the Premises under the Act or otherwise.
18.7
The Lessee:
Released
(a)
is entitled to rely on the policy documents and other information provided by the
Lessor about insurance of the Premises in accordance with clause 18.6 as conclusive
evidence of the accuracy, currency and correctness of those policy documents and
the matters described in that information; and
(b)
may disclose the policy documents and other information about insurance of the
Premises (including any policy documents and other information provided by the
Lessor in accordance with clause 18.6) to any sub-lessee of the Premises pursuant to
any insurance disclosure obligation that the Lessee may have to do so under the Act
or otherwise.
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18.8
The provision of the policy documents and any other information by the Lessor to the Lessee
does not in any way whatsoever excuse the Lessor from or modify any obligations and
liabilities which the Lessor has in respect of the insurance of the Premises in accordance with
this Lease.
18.9
The Lessee may recover from the Lessor any loss suffered by the Lessee due to the Lessor’s
default of its obligations under clause 18.6 (including by setting off any amounts payable by
the Lessee to the Lessor or otherwise).
19.
DAMAGE TO OR DESTRUCTION OF PREMISES
19.1
If the Premises are destroyed or damaged:
1982
(a)
so as to render them uninhabitable; or
(b)
in the reasonable opinion of either party, so as to require demolition or reconstruction,
Act
either party may give the other not less than fourteen (14) days’ written notice (or, in the
Lessor’s case, such longer period as may be provided for in clause 19.10) terminating this
Lease. If this Lease is terminated pursuant to the provisions of this clause 19.1 such
termination shall be without prejudice to the rights of either party arising prior to such
termination.
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19.2
Where the Premises are or will be inaccessible or incapable of being used for their intended
purpose due to an event or circumstances not caused by the Lessee or those for who the
Lessee is responsible (an “
Event”), then:
(a)
the Monthly Rent and Outgoings shall cease to be payable by the Lessee as from the
Official
date of the Event until the Premises are once again fully accessible and/or capable of
being used for their intended purpose (as applicable); and
the
(b)
the Lessee may give the Lessor not less than fourteen (14) days’ written notice
terminating this Lease.
under
If this Lease is terminated pursuant to the provisions of this clause 19.2 such termination shall
be without prejudice to the rights of either party arising prior to such termination. This clause
19.2 overrides any contrary provision in this Lease.
19.3
If the Premises are partly damaged or destroyed but not so as to render them uninhabitable,
or are rendered uninhabitable, inaccessible or incapable of being used for their intended
Released
purpose but a notice to terminate the Lease is not given by either party under clauses 19.1 or
19.2 (as applicable), the Lessor shall proceed to repair, reinstate or reconstruct the Premises
as soon as reasonably practicable.
19.4
During the effecting of such repairs or reinstatement and until their completion the Monthly
Rent shall abate according to the nature and extent of the damage or destruction (and subject
always to clause 19.2).
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19.5
Any repair, reinstatement or reconstruction shall be carried out by the Lessor in consultation
with the Lessee using materials, a form of construction and according to a plan acceptable to
the Lessee and so that:
(a)
the Premises after completion of such repair or reinstatement are of the same size,
quality and standard as they were in prior to such damage or destruction; and
(b)
the Lessee’s obligations under this Lease are not materially increased; and
(c)
the Premises are no less suitable for the Lessee’s use and enjoyment of the Premises
immediately preceding the date on which such damage or destruction occurred.
19.6
If vacant possession of the Premises is reasonably required to enable the Lessor to carry out
1982
any repairs or reinstatement then the Lessor shall give the Lessee written notice specifying
the date on which possession is required that date being such as to enable the Lessee to give
such notice to its sub-lessees as may be required by the Act prior to entry by a landlord. No
Act
Monthly Rent shall be payable while the Lessee or any sub-lessee is required to yield up
possession of the Premises to enable any repairs or reinstatement to be carried out. For the
avoidance of doubt, any requirement for the Lessee to yield up possession of the Premises to
enable the Lessor to carry out any repairs or reinstatement under this clause 19.6 does not,
alone or of itself, mean that the Premises are rendered uninhabitable.
19.7
Where the Premises are not so damaged so as to be uninhabitable and a sub-lessee of the
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Lessee is still in occupation of the Premises the Lessor must give the Lessee sufficient notice
in accordance with clause 15 to enable the Lessee to comply with the requirements of the Act
as to entry by a landlord prior to exercising any rights of access to carry out repairs and shall
otherwise access the Premises and carry out the work in a manner which complies with this
Official
Lease and the obligations of a landlord under the Act.
the
19.8
Without limiting clauses 19.1 and 19.2, if:
(a)
the Premises are not repaired, reinstated or reconstructed to the same standard that
the Premises were in immediately preceding the date on which such damage or
under
destruction occurred within a reasonable period after the date of the damage
occurring; or
(b)
any sub-lessee of the Lessee obtains any order from the tenancy tribunal pursuant to
section 59(4)(b) of the Act that it is unreasonable to require the sub-lessee to continue
the sub-tenancy even at a reduced rental,
Released
then the Lessee may terminate this Lease upon notice being given to the Lessor.
19.9
Clause 11 shall not apply to any required repair, reinstatement or reconstruction under this
clause 19 unless the Lessee at any time notifies the Lessor that (having regard to its role to
provide quality social housing) the Lessee requires such repair, reinstatement or
reconstruction to be carried out by the Lessee for and on behalf of the Lessor in accordance
with clause 11 and otherwise with the provisions of this clause 19. If the Lessee proceeds to
repair, reinstate or reconstruct the Premises for and on behalf of the Lessor in accordance
with this clause 19.9 (not being emergency, temporary or impermanent repairs primarily to
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protect and/or preserve the health, safety and security of the occupants of the Premises or
any personal property), then neither party shall then have any continuing right to terminate this
Lease under clause 19.1 or 19.2 (as applicable) arising from the occurrence of the relevant
damage or destruction.
19.10 Having regard to the Lessee’s obligations to any sub-lessee under the Act, if the Act at any
time provides for any longer minimum period for a landlord to give notice terminating a
tenancy where premises are destroyed or damaged as to be uninhabitable then the minimum
notice period for a Lessor’s notice set out in clause 19.1 shall be deemed to be adjusted (as
applicable) to reflect such greater restrictions as are then imposed upon a landlord under the
Act.
20.
FORCE MAJEURE
1982
20.1
If either party shall fail to comply with or observe any maintenance, repair or reinstatement
Act
obligation for which that party is responsible under this Lease and such failure is caused by
any Force Majeure Event provided such party exercises reasonable diligence to put itself
again in a position to carry out its obligations that failure shall not give rise to any cause of
action or liability due to any such failure.
20.2
If a party becomes aware of a serious prospect of a Force Majeure Event it shall notify the
other party as soon as reasonably practicable of the particulars of which it is aware.
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20.3
No Force Majeure Event shall relieve either party from their obligations to make payments of
amounts due prior to the occurrence of the Force Majeure Event.
21.
ASSIGNMENT, TRANSFER OR VESTING
Official
21.1
The Lessee shall not assign this Lease without first obtaining the written consent of the Lessor
the
which consent shall not be unreasonably or arbitrarily withheld if:
(a)
the Lessee proves to the reasonable satisfaction of the Lessor that the proposed
assignee is (or in the case of the company the shareholders of the proposed assignee
under
are) respectable, responsible and has the financial resources to meet the Lessee’s
commitments under this Lease;
(b)
all rent and other moneys payable under this Lease have been paid and there are no
material subsisting breaches of any of the Lessee’s covenants contained in this
Lease;
Released
(c)
a deed of covenant in customary form approved or prepared by the Lessor is duly
executed by the assignee and delivered to the Lessor; and
(d)
the Lessee pays the Lessor’s proper costs and disbursements in respect of the
approval and the preparation of any covenant.
21.2
Despite clause 21.1, the Lessee shall not be obliged to obtain or seek the consent of the
Lessor to any change in the shareholding of the Lessee or to any assignment of this Lease:
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(a)
to HNZC or to a related company (as that term is defined in the Companies Act 1993)
of the Lessee or of HNZC or a company amalgamating with HNZ or HNZC; or
(b)
to the Crown (whether acting through a Minister of the Crown or otherwise) or a
Crown entity (as defined in section 2(1) of the Public Finance Act 1989) or a state
enterprise or any company which is wholly-owned by a Crown entity or a state
enterprise:
(i)
empowered or set up in connection with any national or regional
reorganisation, restructuring or reconstruction of HNZ and/or of HNZC; and/or
(ii)
in which all property, liabilities, contracts, engagements, rights and/or
authorities of HNZ and/or of HNZC are or will be statutorily vested; or
1982
(c)
which is a social housing transaction under the Housing Corporation Act 1974.
Act
22.
UNIT TITLE AND CROSS LEASE COVENANTS
22.1
Where the Premises form part of a unit title development under the Unit Titles Act 2010 the
following provisions shall apply:
(a)
The expression “
Body Corporate” means the Body Corporate incorporated under the
Unit Titles Act 2010 in respect of the property.
Information
(b)
The Lessor shall supply the Lessee with a copy of the rules of the Body Corporate
from time to time applying in respect of the Premises.
(c)
The Lessee shall not do anything or omit to do anything which would place the Lessor
Official
in breach of any of the rules of the Body Corporate.
the
(d)
The Lessee shall not be required to pay any charges or fees levied by the Body
Corporate.
(e)
The Lessor’s obligation to insure the building shall be satisfied by the Body Corporate
under
maintaining the same insurance covers in accordance with the Unit Titles Act 2010.
(f)
The Lessee’s obligation to indemnify the Lessor in this Lease is extended to include
the Body Corporate but only to the extent that the Body Corporate is not fully
indemnified under any policy of insurance.
(g)
The Lessor shall observe and perform all of the Lessor’s obligations as a member of
Released
the Body Corporate and shall use the Lessor’s best endeavours to:
(i)
ensure that the Body Corporate complies with its rules and the provisions of
the Unit Titles Act 2010; and
(ii)
without limiting clause 22.1(g)(i), procure that the Body Corporate performs
the Lessor’s repair and maintenance obligations under this Lease (as and to
the extent that the Body Corporate rather than the Lessor is primarily
responsible for the same) including:
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(1)
managing, maintaining and keeping in a good state of repair the
common property comprised in the unit title development and any
assets owned by the Body Corporate or designed for use in
connection with the common property; and
(2)
maintaining, repairing, or renewing all building elements and all
infrastructure that relate to or serve more than 1 unit (as those terms
are defined in the Unit Titles Act 2010).
(h)
Where in this Lease the consent of the Lessor is required in respect of any other
matter then the like consent of the Body Corporate shall also be required if the
consent of the Body Corporate to any such matter would be necessary under the rules
of that Body Corporate or the Unit Titles Act 2010.
1982
(i)
Subject to any restriction imposed in the rules of the Body Corporate applying at the
Act
time in respect of the Premises, the Lessor shall:
(i)
advise the Lessee in writing of:
(1)
any annual general meeting or extraordinary general meeting of the
Body Corporate (each a “
Body Corporate meeting”) by at least five
(5) days prior notice and, subject to the Lessor’s advance receipt of
the same from the Body Corporate, the proposed agenda for that
Information
Body Corporate meeting; and
(2)
any resolution(s) proposed to be passed at any Body Corporate
meeting or otherwise in accordance with the rules of the Body
Official
Corporate, subject to and in any event as soon as reasonably
practicable following the Lessor’s receipt of the same from the Body
the
Corporate;
(ii)
permit the Lessee (or the Lessee’s nominated representative), if the Lessee
so elects in its discretion, to attend any Body Corporate meeting together with
under
the Lessor; and
(iii)
consult with the Lessee beforehand and exercise any vote that the Lessor is
entitled to cast as a member of the Body Corporate and/or of a Body
Corporate committee (whether at any Body Corporate meeting or otherwise in
accordance with the rules of the Body Corporate) in a manner consistent with
Released and otherwise having reasonable regard to the Lessee’s interests and views
as lessee under this Lease and sub-lessor of the Premises.
(j)
(i)
In conjunction with the lease of the Premises, the Lessor grants to the Lessee
the right to use the common areas together with the Lessor and any other
persons authorised by the Lessor, subject to such restrictions as are
specified in this Lease.
(ii)
In this clause 22.1(j),
“common areas” means those parts of the property
the use of which is necessary for the enjoyment of the Premises and which is
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shared with the Lessor, other lessees and/or occupiers (such as but not
limited to rights of way, carparks and other shared facilities (as that term is
defined in the Unit titles Act 2010)).
22.2
Where the Premises form part of a cross lease development the following provisions shall
apply:
(a)
The expression “
Common Lessors” means all of the Lessors under a lease for a flat
or unit in a cross lease development.
(b)
The expression “
Cross leases” means the registered cross leases which form part of
the title to the Premises and the Lessor’s right and interest in fee simple and
leasehold interest in the Premises.
1982
(c)
This Lessee shall not do anything or omit to do anything which would place the Lessor
in breach of the Cross leases.
Act
(d)
The Lessor shall observe and perform all of the Lessor’s obligations under the Cross
leases as a Common Lessor and shall use the Lessor’s best endeavours to ensure
that the Common Lessors comply with the Cross leases.
(e)
Where in this Lease the consent of the Lessor is required in respect of any other
matter then the like consent of the Common Lessors shall also be required if the
Information
consent of the Common Lessors to any such matter would be necessary under the
Cross leases.
23.
NO SUBDIVISION
Official
The Lessor shall not subdivide the property (or any part of it) further in order to create any
additional lot or lots whether by fee simple titles, unit titles, cross leases or otherwise during
the
the Term (or any Further Term) except, if applicable, to enable the registration of this Lease.
24.
CANCELLATION
under
24.1
If:
(a)
the Monthly Rent or any part shall be in arrears and unpaid ten (10) Business Days
after the due dates for payment; or
(b)
any of the covenants or agreements of this Lease on the part of the Lessee have not
Released
been observed and performed; or
(c)
the Lessee is in liquidation or receivership or shall make or enter into composition,
assignment or other arrangement with or for the benefit of its creditors,
(subject, in either case, to the non payment or breach not being the subject of a bona fide
dispute between the Lessor and the Lessee) then the Lessor may give the Lessee notice of
the default in accordance with the provisions of section 245 (in respect of the covenant to pay
the Monthly Rent) or section 246 (in respect of any other breach of covenant by the Lessee) of
the Property Law Act 2007. If, after fifteen (15) Business Days of the Lessee’s receipt of that
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notice (or, in the case of any default under clause 24.1(b), such longer period that is
reasonable in the circumstances), the default is not remedied, then (in addition to the Lessor’s
right to apply to the Court for an order for possession) it will be lawful for the Lessor thereupon
or at any time thereafter to re-enter upon the Premises or any part of the Premises whereupon
the Term shall be cancelled but without prejudice to the rights of either party against the other.
24.2
If:
(a)
any amounts payable by the Lessor shall be in arrears and unpaid after the due date
for payment; or
(b)
the Lessor breaches any of the covenants or agreements of this Lease to be observed
and performed on the part of the Lessor; or
1982
(c)
the Lessor is bankrupt, in liquidation or receivership or shall make or enter into
composition, assignment or other arrangement with or for the benefit of its creditors;
Act
or
(d)
the Premises constitute a leaky building (as defined in clause 9.1(d)); or
(e)
the Premises are no longer inhabitable or adequate for the Permitted Use; or
(f)
any contaminant or hazardous substance is found to exist in unsafe concentrations
Information
on, in or under the Premises as at the Commencement Date or arising as a result of
previous uses of the Premises and/or other parts of the Lessor’s property,
(subject, in any case, to the non payment or breach not being the subject of a bona fide
dispute between the Lessor and the Lessee) then the Lessee may give the Lessor notice of
Official
the default.
the
24.3
If, after fifteen (15) Business Days of the Lessor’s receipt of a notice given by the Lessee
under clause 24.2, the default is not remedied, then it will be lawful for the Lessee thereupon
or at any time thereafter to:
under
(a)
recover from the Lessor any loss suffered by the Lessee due to the Lessor’s default
(including by setting off any amounts payable by the Lessee to the Lessor or
otherwise);
(b)
convert this Lease by further written notice to (at the Lessee’s election) either a
monthly tenancy or a three (3) monthly tenancy, terminable by one (1) month’s notice
Released
(in the case of a monthly tenancy) or three (3) months’ notice (in the case of a three
(3) monthly tenancy), at the Annual Rent then payable and otherwise on the same
terms and conditions as this Lease (so far as applicable to a monthly or three (3)
monthly tenancy, as the case may be);
(c)
cancel this Lease by further written notice, either with immediate effect or (at the
Lessee’s election) with effect from the date which is three (3) months following the
Lessor’s receipt of that further notice whereupon the Term shall be cancelled but
without prejudice to the rights of either party against the other;
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(d)
exercise any of its other legal rights.
25.
ESSENTIALITY OF PAYMENTS
25.1
Failure to pay the Monthly Rent on the due date shall be a breach going to the essence of the
Lessee’s obligations under this Lease.
25.2
The acceptance by the Lessor of arrears or of any late payment of Monthly Rent shall not
constitute a waiver of the essentiality of the Lessee’s continuing obligations to pay the Monthly
Rent.
26.
LOSS ON RE-ENTRY
1982
On re-entry the Lessor shall be entitled on reasonable prior notice to the Lessee to remove
from the Premises any of the sub-lessee’s possessions and, subject to section 62 of the Act,
Act
place them outside the Premises or such other place as the Lessor decides and the Lessor
shall not be responsible for any damage caused to such possessions or for any loss suffered
by the Lessee or the sub-lessee.
27.
REMOVAL OF FIXTURES AND FITTINGS
The Lessee will be entitled to remove at any time and if required by the Lessor by notice not
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less than five (5) Business Days following cancellation or expiration of the Term of this Lease
will remove at the expiration or sooner determination of the Term or at such other time as the
Lessee gives up possession of the Premises all fixtures and fittings which belong to the
Lessee or which the Lessee has installed in the Premises.
Official
28.
DEALINGS WITH SUB-LESSEE FOLLOWING TERMINATION OR CANCELLATION
the
If this Lease is terminated or cancelled and the Lessor leases the Premises directly to the sub-
lessee the Lessee will arrange for the transfer of the sub-lessee’s bond to the Lessor.
29.
DISPUTES
under
29.1
No party to this Lease shall commence any court or arbitration proceedings relating to any
dispute arising out of this Lease (including any dispute as to the validity, breach or
cancellation of this Lease or as to any claim in tort, in equity or pursuant to any statute) unless
that party has complied with the following paragraphs of this clause 29.
Released
29.2
Any party who claims that a dispute has arisen under or in relation to this Lease must give
written notice to every other party specifying the nature of the dispute.
29.3
On receipt of such notice by the other party the parties to this Lease:
(a)
must co-operate and use their best endeavours to resolve the dispute expeditiously.
(b)
must, if they do not within seven (7) days of receipt of the notice (or such further
period as they may agree in writing) resolve the dispute, refer the matter in dispute to
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link to page 31 link to page 32 link to page 31 link to page 32 link to page 31 link to page 32 link to page 31 link to page 32
mediation by an independent mediator accredited by LEADR New Zealand
Incorporated (the “
mediation”).
29.4
The mediation shall in all respects be conducted in terms of the LEADR New Zealand
Incorporated Standard Mediation Agreement.
29.5
The mediation shall be conducted by a mediator and at a fee agreed by the parties. Failing
agreement between the parties the mediator shall be selected and the mediator’s fee shall be
determined by the Chair for the time being of LEADR New Zealand Incorporated. The costs of
the mediator’s fees shall be shared equally by the Lessor and the Lessee with each party
paying their own costs. Such mediation process shall not (unless otherwise agreed between
the parties) extend beyond a period of ten (10) Business Days following the appointment of
the mediator.
1982
29.6
A party who seeks urgent interlocutory relief may, by written notice to the other party to the
Act
dispute, elect not to comply with the provisions of clauses
29.1 t
o 29.5 but only to the extent of
the relief sought and for the period required to dispose of the application for such interlocutory
relief. Except to that extent on the disposal of the application the provisions of clauses
29.1 to
29.5 shall once again take effect.
29.7
Where any dispute arising between the parties under this Lease cannot be resolved pursuant
to clauses
29.1 to
29.5 within the periods referred to in clauses
29.1 t
o 29.5 the parties may
Information
take such steps as they consider appropriate to resolve the dispute.
29.8
Pending resolution of any dispute the parties will continue to perform their obligations in this
Lease which are not directly at issue in the dispute.
Official
29.9
Nothing in this clause 29 shall prevent a party suing the other for arrears of Annual Rent or
other monies payable under this Lease.
the
30.
NOTICES
Any notice to be given under this Lease shall, unless otherwise required by sections 353 to
under
361 of the Property Law Act 2007, be deemed sufficiently served if delivered, sent by
registered post or sent by facsimile to the addressee at the addressee’s address specified in
the Particulars (which must be a New Zealand address) or such other New Zealand address
as is notified to the other party from time to time. Any notice delivered shall be deemed to be
served on the date of delivery, any notice posted by registered post shall be deemed to have
been served on the second day following the posting and any notice sent by facsimile shall in
Released
absence of evidence to contrary be deemed to be served contemporaneously with the
generation of the sending party’s facsimile machine of an error free transmission receipt. Any
notice sent by fax shall be followed by a copy of that notice sent or delivered by any other of
the methods for service. Any notice or other document or writing served or given by either
party hereunder shall be valid and effectual if served or given under the hand of any
authorised representative of that party.
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31.
WAIVER
No waiver or failure to act by the Lessor in respect of any breach by the Lessee of any
covenant or agreement shall operate as a waiver of another breach.
32.
CONFIDENTIALITY
The parties shall maintain as confidential at all times and shall not at any time directly or
indirectly disclose or permit to be disclosed to any person the existence or terms of this Lease
except to the extent:
(a)
reasonably required by this Lease or, without limiting the effect of this clause 32, as
may be reasonably required for the implementation of this Lease; or
1982
(b)
that those terms are or become in the public domain (upon registration of this Lease
Act
or otherwise); or
(c)
required by law (including the Official Information Act 1982).
33.
NO PARTNERSHIP
Nothing in this Lease shall be deemed or construed by the parties or by any third party as
creating the relationship of partnership, principal and agent or joint venture between the
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parties.
34.
MORTGAGEE CONSENT AND CONCURRENT INTERESTS
Official
34.1
Subject to the Lessor’s prior compliance with this clause 34, the Lessor shall be entitled with
the prior written consent of the Lessee (which shall not be unreasonably or arbitrarily withheld
the
or delayed) to sell, transfer, mortgage, charge, assign and otherwise deal with its interest in
the property and or its interest in this Lease including the right to receive the Annual Rent and
other moneys payable under this Lease.
under
34.2
The Lessor warrants that it has, at its cost, obtained and delivered (or will deliver) to the
Lessee a written acknowledgement from any mortgagee, chargeholder or any other person
acquiring a security interest or other encumbrance over the Lessor’s property and/or the
Lessor’s interest in this Lease that such mortgagee, chargeholder or other person:
(a)
is fully aware of the existence and operation of this Lease and unconditionally
consents to the grant of this Lease; and
Released
(b)
confirms to the Lessee that if it exercises any rights under its mortgage, charge,
security interest or encumbrance (as applicable), it shall exercise all rights subject the
Lessee’s interest under this Lease and shall ensure that there is no interference with
the Lease and the ability of the Lessee or other occupant of the Premises to continue
to use and/or occupy the Premises.
34.3
Where this Lease is not registered under the Land Transfer Act 1952, then the Lessor must
not sell, mortgage, charge, transfer, assign or otherwise deal with its interest in the property
HNZ Rental Property Lease Instrument
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and/or its interest in this Lease without first delivering to the Lessee at the Lessor’s cost (as
applicable):
(a)
any written acknowledgement required by clause 34.2; and
(b)
a deed of covenant in a form reasonably acceptable to the Lessee executed by the
purchaser, transferee, assignee or other disposee of the Lessor’s interest in the
property and/or its interest in this Lease (
“covenantor”), pursuant to which the
covenantor covenants for the Lessee’s benefit to abide by the covenants, terms and
conditions of this Lease (without limitation including the provisions of this clause 34)
which are to be observed and performed by the Lessor under this Lease.
34.4
If the Lessor breaches clauses 34.1, 34.2 or 34.3, then without prejudice to the Lessee’s rights
1982
and remedies under this Lease and at law (including but not limited to its right to seek
injunctive relief), the Monthly Rent and Outgoings shall cease to be payable by the Lessee as
Act
from the date of the breach until the breach is remedied.
35.
EXCLUSION OF IMPLIED TERMS IN PROPERTY LAW ACT 2007
To the extent permitted by law or as may be contradicted by this Lease, the covenants,
powers and provisions (if any) implied in leases by virtue of Schedule 3 of the Property Law
Act 2007 are expressly negatived.
Information
36.
REGISTRATION
36.1
The Lessee is entitled to call for and arrange registration of this Lease under the Land
Transfer Act 1952 at any time during the Term (or any Further Term) if it so requires. Pending
Official
registration, the Lessee shall be entitled to lodge a caveat against the certificate(s) of title or
computer register(s) in respect of the Premises to protect its interest under this Lease.
the
36.2
To enable the Lessee to register this Lease:
(a)
the Lessor agrees to enter into, sign and deliver any documents and do all things as
under
may reasonably be required by the Lessee to enable the registration of this Lease.
Without limiting the foregoing, the Lessor shall be responsible at its own cost to:
(i)
sign and deliver to the Lessee any necessary consents and/or plans required
to enable the registration of this Lease;
(ii)
procure:
Released
(1)
the consent of any mortgagee, chargeholder or other third party who
may have an interest in the Premises or the property; and
(2)
such other consents which may be required to enable the registration
of this Lease; and
(b)
the Lessor authorises the Lessee, at the Lessee’s election and without limiting the
Lessor’s responsibilities under clause 36.2(a)(ii), to do all things reasonably necessary
on behalf of the Lessor to procure the consent of any mortgagee, chargeholder or
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other third party required to enable the registration of this Lease. All proper costs
expended by the Lessee in procuring such consent(s) shall be the Lessor’s
responsibility and shall at the Lessee’s option:
(i)
be payable by the Lessor to the Lessee upon written demand;
(ii)
be set off by the Lessee against the Monthly Rent, the Outgoings and any
other money payable by the Lessee under this Lease; or
(iii)
any combination of the above.
36.3
If the Lessor fails to comply with its responsibilities under clause 36.2(a) within four (4) weeks
of written demand by the Lessee (time being of the essence), the Lessee shall be entitled by
1982
further written notice to the Lessor, which may be given in its absolute discretion and without
prejudice to its rights and remedies under this Lease and at law (including but not limited to its
right to seek injunctive relief), to withhold payment of the Monthly Rent, the Outgoings and any
Act
other money payable by the Lessee under this Lease, without penalty, from the date of such
further notice until such time as the Lessor complies in full with its responsibilities under
clause 36.2(a).
36.4
Should the Lessee call for registration or the parties otherwise agree to register this Lease, the
Lessor shall be responsible for all costs relating to the registration of this Lease under the
Land Transfer Act 1952.
Information
37.
LIMITATION OF LIABILITY
37.1
If any person enters into this Lease as trustee of a trust (“
Trust”), then that person warrants
Official
that:
(a)
it has power to enter into this Lease under the terms of the Trust;
the
(b)
it has properly signed this Lease in accordance with the terms of the Trust; and
(c)
all of the persons who are trustees of the Trust have approved entry into this Lease.
under
37.2
If any person enters into this Lease as trustee of a Trust, acting in an independent capacity
and having no right to or interest in any of the assets of the trust except in that person’s
capacity as trustee of the Trust, then:
(a)
subject to clause 37.2(b), the liability of that trustee ("
Trustee") arising under this
Released
Lease shall not be personal and unlimited but shall be limited to an amount equal to
the value of the assets of the Trust that are available to meet that Trustee’s liability;
and
(b)
if loss is incurred by the other party to this Lease due to an intentional default or the
dishonesty (but not negligence) in breach of trust by that Trustee, that Trustee will be
personally liable to the other party to this Lease to the extent the assets of the Trust
do not satisfy the loss.
37.3
For the purpose of clarification (but without limitation):
HNZ Rental Property Lease Instrument
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(a)
a trustee of a Trust is not acting independently and has an interest in the assets of the
Trust if that person is a beneficiary, discretionary beneficiary, settlor or appointor in
relation to the Trust unless otherwise agreed to in writing by the other party to this
Lease; and
(b)
where the Trustee is a company, the limitation of liability under this clause 37 shall
cease to apply to the Trustee in the event of any change to the actual or beneficial
ownership of the Trustee, or any change to the directors of the Trustee, without the
prior written consent of the other party to this Lease.
38.
LESSEE’S REPRESENTATIVE
38.1
The Lessor acknowledges that:
1982
(a)
the Lessee may nominate one or more representatives as, and who shall be, the
Act
Lessee’s agent(s) in all matters concerning this Lease and/or any subletting
arrangements relating to the Premises; and
(b)
the covenants given by the Lessor and the obligations and responsibilities assumed
by it in this Lease may be enforced against it at the suit of the Lessee’s nominated
representative(s) in accordance with Subpart 1 of Part 2 of the Contract and
Commercial Law Act 2017.
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39.
COSTS
Each party shall bear its own costs in relation to the grant of this Lease and any variation or
renewal or any deed recording a rent adjustment. The Lessee shall pay any stamp duty
Official
payable in connection with the grant of this Lease (if any).
the
40.
LEASE SUPERSEDES ANY PREVIOUS LEASE
This Lease supersedes, and (except where this Lease is in renewal of a lease granted on the
same terms and conditions as this Lease) extinguishes, all lease documents relating to any
under
previous lease of the Premises by HNZ or HNZC entered into with the Lessor (or any
predecessor in title to the Lessor as owner of the Premises) prior to the date of this Lease.
41.
FURTHER TERMS
41.1
If the Particulars provide that Further Terms may be granted and the Lessee has given to the
Released
Lessor written notice to renew this Lease at least three (3) months before the Expiry Date the
Lessor will renew this Lease for the next Further Term described in the Particulars from the
relevant Renewal Date.
41.2
The Renewed Lease shall be on the same terms and conditions as this Lease except that:
(a)
the Expiry Date shall be updated accordingly to reflect the due expiry date of the
Renewed Lease;
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(b)
the Further Terms shall be reduced by one, or deleted entirely if no Further Terms
remain, to the intent that no right to renew this Lease shall extend beyond the Final
Expiry Date;
(c)
if the relevant Renewal Date is a Fixed Rent Adjustment Date, the Annual Rent
payable from that Renewal Date shall be adjusted in accordance with clause 3.1;
(d)
if the relevant Renewal Date is a Market Rent Review Date:
(i)
the Annual Rent payable from that Renewal Date shall be the current market
rent which if not agreed on shall be determined in accordance with clause 3.2
but the Annual Rent shall be subject to the provisions of clause 3.2(e); and
1982
(ii)
pending determination of the Annual Rent in accordance with clause
41.2(d)(i), the Lessee shall pay an interim rent from that Renewal Date
equivalent to the Annual Rent applicable immediately preceding the Renewal
Act
Date.
42.
EXTENSION OF TERM
42.1
The Lessee may (other than pursuant to the grant of a further lease, by taking a Renewed
Lease for any Further Term specified in the Particulars, or by holding over pursuant to clause
43):
Information
(a)
on one (1) occasion during the initial Term of the Lease; and/or
(b)
on one (1) occasion during each Further Term,
Official
(but not during any period of holding over pursuant to clause 43) give to the Lessor written
notice to extend the Lease, or the Renewed Lease as the case may be, for the further period
the
and on the terms and conditions set out in clause 42.2.
42.2
Upon the Lessee giving to the Lessor a notice pursuant to clause 42.1:
under
(a)
the Term of the Lease, or the Further Term as the case may be, shall automatically be
extended by a further period of:
(i)
three (3) months; or
(ii)
such longer period as may at that time be required under the Act to enable
the Lessee to give notice to terminate any sub-tenancy and comply with its
Released corresponding obligations to any sub-lessee under the Act,
commencing on the date immediately following the date on which the Term (or Further
Term) was due to expire before the Lessee’s notice was given to the Lessor;
(b)
the Expiry Date and the Final Expiry Date shall each be deferred by a corresponding
period; and
(c)
the rent payable during such extended period shall be the rent payable immediately
prior to that period.
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Page 37 of 39
43.
HOLDING OVER
If the Lessee continues in occupation of the Premises beyond the Expiry Date (other than
pursuant to the grant of a further lease or by taking a Renewed Lease) or the Final Expiry
Date the Lessee will occupy the Premises under a periodic tenancy at the rent and in the
manner payable immediately prior to the Expiry Date or the Final Expiry Date (as the case
may be). The tenancy created may only be determinable:
(a)
by the Lessee serving on the Lessor not less than one (1) month’s notice in writing at
any time; or
(b)
by the Lessor serving on the Lessee not less than four (4) months’ notice in writing at
any time.
1982
Act
Information
Official
the
under
Released
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Page 38 of 39
SCHEDULE 3
PARTICULARS RELATING TO MINIMUM STANDARD
1982
Act
Information
Official
the
under
Released
HNZ Rental Property Lease Instrument
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Page 39 of 39
Document Outline
- 1. DEFINITIONS AND INTERPRETATION
- 2. RENT
- 3. RENT REVIEWS
- 4. OUTGOINGS
- 5. GST
- 6. INTEREST ON UNPAID MONEYS
- 7. USE
- 8. QUIET ENJOYMENT
- 9. COMPLIANCE WITH ACTS AND REGULATIONS
- 9.1 The Lessor warrants to the best of its knowledge and belief that, at the Commencement Date of the initial Term of this Lease:
- (a) the Premises are suitable for the Permitted Use and comply fully with the Minimum Standard; and
- (b) the use of the Premises by the Lessee for the Permitted Use will comply with all applicable acts, ordinances, regulations, by-laws, regional and district rules for the time being in force and the requirements of any Authority having jurisdiction; and
- (c) all Essential Services are fit for the Permitted Use, safe, and in good, operational order and will last for the duration of the Term; and
- (d) the Premises are not, and have never been, a leaky building (as defined in the Weathertight Homes Resolution Services Act 2006, being a dwellinghouse into which water has penetrated as a result of any aspect of the design, construction, or alterat...
- (e) the Premises are free from unsafe concentrations of contaminants and hazardous substances on, in or under the Premises as at the Commencement Date of the initial Term or arising as a result of previous uses of the Premises and/or other parts of th...
- (f) the Premises comply fully with all requirements in respect of smoke alarms and insulation that are imposed on a landlord of residential premises under the Act and any relevant regulations made under the Act.
- 9.2 The Lessor indemnifies the Lessee against all costs, claims, damage, expense, loss or liability which the Lessee suffers or incurs at any time as a direct or indirect result of any breach by the Lessor of any of its warranties under clause 9.1.
- 9.3 Except where the same is expressed to be the responsibility of the Lessee under this Lease, the Lessor shall comply with:
- (a) the provisions of all acts, ordinances, regulations, by-laws, regional plan and district plan, and regional rules and district rules for the time being in force; and
- (b) the requirements of all Authorities (including compliance with regional rules and district rules and, if applicable the obtaining of any resource consent or other authorisation, approval, permit or consent); and
- (c) all notices (including abatement notices) and all requisitions issued, made or given by any Authority; and
- (d) the conditions of any resource consent, building consent, licence or permit; and
- (e) the provisions of any enforcement order;
- 10. LESSOR’S MAINTENANCE AND OTHER OBLIGATIONS
- 11. LESSEE’S ELECTION TO CARRY OUT WORK ON LESSOR’s BEHALF
- 12. LESSEE’S OBLIGATIONS IN CARRYING OUT WORK ON LESSOR’s BEHALF
- 13. LESSEE TO CARRY OUT PERIODIC INSPECTIONS AND REPORT TO LESSOR
- 14. NOTIFICATION OF DEFECTS
- 15. LESSOR’S RIGHT OF Access
- 16. additions and alterations
- 17. LESSEE’S MAINTENANCE AND OTHER obligationS
- 17.1 Subject to clause 10 and the following provisions of this clause 17, the Lessee shall be responsible during the Term, at its expense, to:
- 17.2 The Lessee shall, at its expense and to the reasonable satisfaction of the Lessor, at the expiration or earlier determination of the Term (or, where this Lease is renewed, at the expiration or earlier determination of the last renewed term):
- (a) quietly yield up the interior of the Premises and the Lessor’s fixtures, fittings and chattels contained in the Premises:
- (b) replace all broken glass in windows and doors forming part of the Premises;
- (c) replace any Lessor’s fixtures, fittings and chattels located within the interior of the Premises and which cannot be yielded up in the same order, repair and condition as they were in at the Commencement Date of the initial Term of this Lease with...
- (d) paint and redecorate those parts of the interior of the Premises which have previously been painted and decorated (unless and to the extent that the same have been painted and redecorated within the preceding twelve (12) months and do not reasonab...
- (e) replace all floor coverings and curtains in the Premises (unless and to the extent that the same have been replaced within the preceding twelve (12) months and do not reasonably require further replacement) to a specification reasonably determined...
- (f) make good any damage to the Premises (including damage to any drains, fences, paths, lawns, gardens, or grounds, or to any clotheslines or other facilities provided in the grounds, or to any conduits serving the Premises, or to any windows, doors,...
- 17.3 The Lessee shall not be responsible under clause 17.2 or otherwise under this Lease for:
- (a) any repair and maintenance which the Lessor is responsible to undertake;
- (b) any repair of any inherent defect in the Premises (including any inherent defect in the Essential Services or in the Lessor’s, fixtures, fittings and chattels); and
- (c) making good any loss or damage by fire, flood, explosion, lightning, storm, earthquake, volcanic activity, earth subsidence, other extraordinary weather event or natural disaster, inevitable accident or the occurrence of any other peril against th...
- 17.4 The Lessor acknowledges and accepts that:
- 18. insurance
- 18.1 The Lessor shall insure the Premises for their full reinstatement value against loss, damage or destruction by fire, flood, explosion, lightning, storm, earthquake, volcanic activity, earth subsidence, other extraordinary weather event or natural...
- 18.2 For the avoidance of doubt, sections 268 to 270 of the Property Law Act 2007 apply to this Lease. In view of that, where the Premises or any part(s) of the property are damaged or destroyed by:
- 18.3 Clause 18.2 applies:
- 18.4 Clause 18.2(c) does not excuse the Lessee from any liability to which the Lessee would otherwise be subject, and the Lessor does not have to indemnify the Lessee under clause 18.2(d), if, and to the extent that:
- 18.5 The Lessee may manage any remedial work resulting from any insurance claims on the Lessor’s behalf (acting reasonably) and will be entitled to recover the costs of such management from the Lessor’s insurance company or, failing that, the Lessor e...
- 18.6 The Lessor shall:
- 18.7 The Lessee:
- 18.8 The provision of the policy documents and any other information by the Lessor to the Lessee does not in any way whatsoever excuse the Lessor from or modify any obligations and liabilities which the Lessor has in respect of the insurance of the Pr...
- 18.9 The Lessee may recover from the Lessor any loss suffered by the Lessee due to the Lessor’s default of its obligations under clause 18.6 (including by setting off any amounts payable by the Lessee to the Lessor or otherwise).
- 19. DAMAGE TO OR DESTRUCTION OF PREMISES
- 19.1 If the Premises are destroyed or damaged:
- either party may give the other not less than fourteen (14) days’ written notice (or, in the Lessor’s case, such longer period as may be provided for in clause 19.10) terminating this Lease. If this Lease is terminated pursuant to the provisions of t...
- 19.2 Where the Premises are or will be inaccessible or incapable of being used for their intended purpose due to an event or circumstances not caused by the Lessee or those for who the Lessee is responsible (an “Event”), then:
- If this Lease is terminated pursuant to the provisions of this clause 19.2 such termination shall be without prejudice to the rights of either party arising prior to such termination. This clause 19.2 overrides any contrary provision in this Lease.
- 19.3 If the Premises are partly damaged or destroyed but not so as to render them uninhabitable, or are rendered uninhabitable, inaccessible or incapable of being used for their intended purpose but a notice to terminate the Lease is not given by eith...
- 19.4 During the effecting of such repairs or reinstatement and until their completion the Monthly Rent shall abate according to the nature and extent of the damage or destruction (and subject always to clause 19.2).
- 19.5 Any repair, reinstatement or reconstruction shall be carried out by the Lessor in consultation with the Lessee using materials, a form of construction and according to a plan acceptable to the Lessee and so that:
- 19.6 If vacant possession of the Premises is reasonably required to enable the Lessor to carry out any repairs or reinstatement then the Lessor shall give the Lessee written notice specifying the date on which possession is required that date being su...
- 19.7 Where the Premises are not so damaged so as to be uninhabitable and a sub-lessee of the Lessee is still in occupation of the Premises the Lessor must give the Lessee sufficient notice in accordance with clause 15 to enable the Lessee to comply wi...
- 19.8 Without limiting clauses 19.1 and 19.2, if:
- 19.9 Clause 11 shall not apply to any required repair, reinstatement or reconstruction under this clause 19 unless the Lessee at any time notifies the Lessor that (having regard to its role to provide quality social housing) the Lessee requires such r...
- 19.10 Having regard to the Lessee’s obligations to any sub-lessee under the Act, if the Act at any time provides for any longer minimum period for a landlord to give notice terminating a tenancy where premises are destroyed or damaged as to be uninhab...
- 20. FORCE MAJEURE
- 21. ASSIGNMENT, TRANSFER OR VESTING
- 22. UNIT TITLE AND CROSS LEASE COVENANTS
- 23. NO SUBDIVISION
- 24. CANCELLATION
- 25. ESSENTIALITY OF PAYMENTS
- 26. LOSS ON RE-ENTRY
- 27. REMOVAL OF FIXTURES AND FITTINGS
- 28. Dealings with sub-lessee following termination or CANCELLATION
- 29. DISPUTES
- 30. NOTICES
- 31. WAIVER
- 32. CONFIDENTIALITY
- 33. NO PARTNERSHIP
- 34. Mortgagee CONSENT AND CONCURRENT INTERESTS
- 34.1 Subject to the Lessor’s prior compliance with this clause 34, the Lessor shall be entitled with the prior written consent of the Lessee (which shall not be unreasonably or arbitrarily withheld or delayed) to sell, transfer, mortgage, charge, assi...
- 34.2 The Lessor warrants that it has, at its cost, obtained and delivered (or will deliver) to the Lessee a written acknowledgement from any mortgagee, chargeholder or any other person acquiring a security interest or other encumbrance over the Lessor...
- 34.3 Where this Lease is not registered under the Land Transfer Act 1952, then the Lessor must not sell, mortgage, charge, transfer, assign or otherwise deal with its interest in the property and/or its interest in this Lease without first delivering ...
- 34.4 If the Lessor breaches clauses 34.1, 34.2 or 34.3, then without prejudice to the Lessee’s rights and remedies under this Lease and at law (including but not limited to its right to seek injunctive relief), the Monthly Rent and Outgoings shall cea...
- 35. EXCLUSION OF IMPLIED TERMS IN PROPERTY LAW ACT 2007
- 36. Registration
- 37. Limitation of Liability
- 38. LESSEE’S Representative
- 39. COSTS
- 40. LEASE SUPERSEDES ANY PREVIOUS LEASE
- 41. further terms
- 42. EXTENSION OF TERM
- 43. Holding over
