Terms and Conditions of Hire

Version 2.1 | 1 November 2025

The following Terms and Conditions of Hire relate to the use of Stillwater Community Hall (“the Hall”) at 1a Duck Creek Road, Stillwater and are to be read and applied in conjunction with Auckland Council’s Terms and Conditions of Hire. Where conflicting information exists, the terms and conditions in this document will take precedence. Furthermore, if allowances have been made in writing by an official representative of The Third Place Community Trust (“the Trust”) that differ to these Terms and Conditions of Hire, said written allowances will take precedence.

By making a payment to the Trust for the hire of the Hall, you will be deemed to have accepted the Terms and Conditions of Hire. Your booking is not confirmed until you have accepted the Terms and Conditions of Hire. 

By accepting this agreement, I warrant  and confirm that I have read and understood the Terms and Conditions of Hire, I am at least 18 years old and have the authority to accept this agreement, and I understand and accept that the information provided for my booking may be shared with the NZ Police and/or debt collection agencies.

1. General conditions of use

1.1 The Hirer is required to be present for the duration of the Hire Period.

1.2 The Hirer will have the use of the Hall for the Hire Period stated on the invoice and shall ensure all persons have vacated the Hall by the end of the Hire Period.

1.3 No animals are permitted in the Hall, other than guide dogs for the visually impaired, registered companion animals or official animals of the NZ Police.

1. 4 Notwithstanding any other provision contained in this Agreement, a Trust representative may refuse admission to any person or require any person attending the Event to leave the Hall.

2. Bookings

2.1 Bookings are charged in hourly increments.

2.2 Bookings made on Friday, Saturday, Sunday, or a Public Holiday are charged at a higher rate.

2.3 The Hirer may only use the shared areas and the room(s) that have been booked and confirmed.

2.4 Setup and pack down time is to be included in the Hire Period. 

2.5 The Hirer must adhere strictly to the confirmed Hire Period. Failure to do so will incur additional charges (refer clause 4.1 h) and possible cancellation of any future booking(s).

2.6 The Trust reserves the right to have a representative of the Trust present at the Hall at any time during the Hire Period.

2.7 Any amendment to a booking required within seven (7) days of the booking date must be submitted by email to bookings@stillwaterhall.co.nz. It may not be possible for the Trust to accommodate all requested amendments.

2.8 All terms and conditions for the provision of Regular Hire or Casual Hire as outlined in Auckland Councils Terms and Conditions of Hire, will not apply to the hire of the Hall. Discounts and priority rates will be provided by the Trust to its members and regular hirers, at the discretion of the Trust. 

3. Payment

3.1 Unless otherwise agreed in writing, a deposit of 50% of total booking charge is required at the time of booking, payable by credit or visa debit card to confirm booking. 

3.2 The remainder of the hire fee, including a refundable security bond, is payable in full no later than fourteen (14) days after the invoice date. Bookings may be cancelled in the event of non-payment.

3.3 The charging of a security bond is at the sole discretion of the Trust and is generally charged at a rate between $100-300. Security bonds are refundable to the Hirer at the end of the Hire Period and once the Hall has been checked by the Trust for damage or loss of equipment.

3.4 GST is not charged on any goods or services supplied under this agreement. The Trust is not currently required to be GST registered.

3.5 The Hirer shall be liable for the payment of all amounts owing pursuant to this Agreement, whether or not the services of the Trust are supplied to the Hirer, or to some other person, firm or corporate body at the Hirer’s request, and notwithstanding that the Hirer may have incurred all or any part of that indebtedness as agent for any other person, firm or corporate body. 

3.6 If payment is not received no later than fourteen (14) days after the invoice date, the outstanding amount will be a debt due to the Trust and may be referred to a debt collection agency or other duly authorised agent for collection. 

4. Additional Charges

4.1 The Trust reserves the right to invoice the Hirer for any additional charges resulting from Hirers use. In addition to the Hall Hire Price quoted at the time of booking, the Hirer may be charged for: 

a. Any damage to the Hall caused during the Hire Period or through any breach of the Terms and Conditions in this Agreement;

b. Any theft of Trust property from the Hall during the Hire Period;

c. Any extra cleaning, rubbish removal, repair or reinstatement of the Hall which the Trust considers is required after the Event; 

d. Any costs, losses or expenses that the Trust incurs due to any breach of the terms and conditions outlined in this Agreement;

e. Any unreturned key(s);

f. Any emergency services call out or if a fire alarm is set off other than for an emergency, the Trust reserves the right to impose an additional fee of up to $1,500 and hold the Hirer liable for that amount;

g. Auckland Council noise control units sent to the Hall during the event;

h. Any unauthorised overstay will be charged at double the hourly rate.

4.2 The Trust reserves the right to apply an additional charge for security, cleaning and/or a technician for an Event.

4.3 The Hirer will upon demand pay all of the Trust’s reasonable expenses, including but not limited to debt collection fees and legal costs (on a solicitor/agent/client basis) in relation to the collection of all overdue moneys.

5. Cancellation of hire

5.1 In the event that the Hirer terminates the Agreement (including by notifying the Trust that it wishes to cancel any booking), the Trust will refund the Hall Hire Price when a cancellation notice is received:

a. more than 30 days prior to the date of Event: Full refund less an administration fee of $50 for weddings or $15 for all other bookings;

b. within 30 days prior to the Event: 50% of booking fee;

c. within 14 days prior to the Event: 25% of booking fee;

d. within 7 days prior to the Event: no refund.

5.2 The Trust shall be entitled to suspend or cancel all or any part of this Agreement, in addition to its other rights and remedies, in any of the following circumstances:

a. If the Hirer fails to meet any obligation under the Agreement with the Trust;

b. If any information given when booking the Hall is found to be untrue.

5.3 Upon cancellation of this Agreement under clause 5.2 above the Hall Hire Price will not be refunded and all indebtedness of the Hirer to the Trust hereunder shall become immediately due and payable.

6. Cleaning, rubbish and lock-up

6.1 The Hirer IS RESPONSIBLE for:

a. cleaning all tables, chairs, cups, dishes and utensils used;

b. return all tables, chairs, cups, dishes and utensils to designated storage areas;

c. remove all decorations;

d. pack, bag and remove all visible rubbish off-site including on the floor;

e. spot clean spills throughout the Hall;

f. supply own rubbish bags.

6.2 Unless otherwise agreed to in writing with the Trust, general cleaning of the Hall is included in the booking fee. The Hirer is NOT RESPONSIBLE for:

a. wiping down benches, stoves, and sinks;

b. vacuuming and mopping the floors;

c. cleaning of the toilets. 

6.3 Cleaning products are supplied and are located under the kitchen bench. 

6.4 The Hirer must lock-up the Hall after the Hire Period, in particular:

a. Switch off all electrical appliances, lights, heaters and stoves;

b. Ensure that all windows and doors are secure;

c. Ensure that there are no unauthorised persons in the Hall;

d. Ensure that the alarm is activated upon exit.

6.5 The Hirer must return the key(s) provided to the Hall Lock box and ensure the Lock box is securely closed. No key(s) are to be held by the Hirer after the Hire Period has ended without the prior consent of the Trust. All charges incurred by the Trust for the changing of locks due to a lost key(s) will be invoiced to the Hirer, as provided for under clause 4.1 e. 

6.6 Unless otherwise agreed in writing, the Hall must be vacated by 1am at the latest as our monitoring company are instructed to ring or visit the hall if the Alarm has not been set by this time. Call out charges will be invoiced to the Hirer, as provided for under clause 4.1 d.

7. Alcohol 

7.1 It is the Hirer’s responsibility to check current guidelines and information about liquor licensing, please visit Auckland Council website: aucklandcouncil.govt.nz. The Hirer will comply with all alcohol requirements, restrictions or guidelines.

7.2 The sale of liquor requires a special license from Auckland Council’s licensing department. It is the Hirer’s responsibility to obtain this license at least 30 working days prior to any applicable hire.

7.3 The supply of liquor, including Bring Your Own (BYO), at an event open to the public requires a special license from Auckland Council’s licensing department. It is the Hirer’s responsibility to obtain this license at least 30 working days prior to any applicable hire.

7.4 The Hirer will be held responsible for managing the conduct of the consumption of alcohol, providing non-alcoholic beverages and food/snacks, and the safe transport of Event guests to their next destination.

8. Liability

8.1 The Hirer will indemnify the Trust, its representatives or agents against all claims, demands, losses, damages, costs and expenses arising from the Hirer’s use of the Hall or any breach of this Agreement.

8.2 The Trust is not responsible for the loss of or damage to any of the Hirer’s property in or around the Hall. Any equipment/property left in the Hall is at the Hirer’s own risk. No insurance cover is provided for the loss or damage to property of the Hirer or any visitor to the Hall.

8.3 The Trust is not liable for any loss or expense that the Hirer incurs if the Trust is not able to make the Hall available to the Hirer as a result of fire, flood, earthquake, failure or other unavailability of any building services or other event beyond the Trust’s reasonable control.

8.4 Neither Auckland Council nor the Trust shall be held responsible for any loss, theft or damage of any property for any reason, regardless of the cause – including any fault pertaining to any fitting, appliance or piece of apparatus in the hall building or grounds.

8.5 It is the hirer’s responsibility to ensure that the requirements of the Health and Safety at Work Act 2015, the Smoke-free Environments Act 1990, and the Sale and Supply of Alcohol Act 2012 as they apply to the hirer’s intended use of the Community Venue are met.

9. Entry to the Hall

9.1 A key to the Hall will be stored in a Lock Box next to the side entrance of the Hall. Unique codes for the Lock Box, Alarm, and other instructions will be sent to the Hirer by email seven (7) days before the event start date. 

9.2 Sharing of Alarm Codes is strictly prohibited. Any loss or damage of Hall property due to the sharing of Alarm Codes or neglect will be invoiced to the Hirer and may result in a ban from future hire of the Hall.

10. Noise, neighbours and music

10.1 Noise levels must be kept to an acceptable level at all times. Failure to reduce noise levels at the request of a Trust or Auckland Council official or the Police will result in the Event being stopped.

10.2 All noise must cease no later than midnight.

11. Parking

11.1 On and off-street parking is available at the Hall but is not guaranteed as part of your booking. The Hirer shall ensure that no vehicle obstructs access in any way. 

11.2 Parking on any grassed areas of Stillwater Reserve is not permitted.

12. Furniture and equipment

12.1 Hirers are responsible for setting up, cleaning and packing away any furniture and equipment used during their Hire Period. All furniture must be returned to designated storage area, ensuring that all fire exits are left clear at all times.

12.2 The Hirer must not remove or permit the removal of any furniture, equipment or other contents from the Hall without the permission of the Trust. 

12.3 Furniture and equipment must be carried, not dragged on the floor.

12.4 All electrical equipment brought in by Hirers must display the current tag that identifies it has been tested and tagged by a qualified technician. This is an Auckland Council regulation and any electrical equipment found in a Community Venue that is not tagged, will be removed.

13. Miscellaneous matters

13.1 The Hirer must take proper care of the Hall and ensure that no damage occurs.

13.2 The Hirer must not use nails, tacks, screws, pins or any other instrument that will cause damage to the wall surfaces, furnishings, floors and ceiling surfaces. 

13.3 Where a bouncy castle is used inside the Hall, it must not touch the ceiling or walls and must be powered only by an electric air compressor.

13.4 The Hall is a smoke free facility and the Hirer will ensure that this policy is complied with; naked flames, dry ice, and fog/glitter/smoke machines may not be used in the Hall.

13.5 No substance shall be deposited in toilets, sinks or drains that will cause blockage or damage. Ballroom powder, confetti or glitter and smoke machines are not permitted in a Community Venue.

13.6 It is the responsibility of the hirer to make sure all interested parties (decorators, caterers etc) are made aware of the terms and conditions.

13.7 Any damage to the Hall, or the Hall’s furniture and equipment must be reported immediately to the Trust.

13.8 Hirers may use the kitchen only to re-heat pre-prepared food. Preparing food for sale is not permitted, as most venue kitchens are not registered commercial premises.

13.9 Use only the appliances supplied in the kitchen. Additional benchtop fryers, gas burners, woks, or other plug-in equipment are not allowed: they can overload power circuits, create excess fumes, or trigger the fire-alarm system.

13.10 Open-flame cooking (including portable BBQs) is not permitted inside the venue.

14. Health & Safety

14.1 The Hirer must ensure that access and egress for residents, businesses or emergency vehicles are available at all times and that the public is not duly inconvenienced by the Event. This includes public and private access ways that must be kept clear at all times.

14.2 It is the Hirers responsibility to make themselves familiar with the evacuation procedure in case of fire at the Community Venue, and to ensure that all emergency exists are clear and free of any obstacles – including tables and chairs when leaving the venue.

14.3 In case of fire at a Community Venue, the Hirer must ensure the evacuation procedure is followed immediately and fire emergency response is notified.

14.4 Any hazard a Hirer may encounter either as a result of any activity or physical condition must be reported immediately to the Trust or relevant emergency response or to Auckland Council by calling 09 301 0101 as required.

14.5 The hirer is responsible for ensuring that the general public does not have access to the Community Venue, including the toilets, during the Hire Period.

14.6 It is the duty of all hirers, users and visitors to take care of themselves and others who may be affected by their activities and to co-operate with the Committee in keeping the premises, including the grounds, safe and fit for purpose.

14.7 Hirers of the hall are responsible for the management of their own contractors’ health & safety obligations

14.8 It is the duty of all hirers, users and visitors to take care of themselves and others who may be affected by their activities and to co-operate with the Committee in keeping the premises, including the grounds, safe and fit for purpose.

Unless the context otherwise requires:

the Trust” means The Third Place Community Trust who are the lease holders of the Hall.

the Hall” means Stillwater Community Hall located at 1a Duck Creek Road, Stillwater.

the Hirer” means the person(s) or legal entities named as Hirer on the booking form.

Hire Fee” means the amount charged for the use of Stillwater Hall or part thereof.

Hire Period” is the agreed time for which the Hall is hired for and includes set-up time and cleaning time after use.