Rules, Policies & Procedures

Contents

1. Building Facilities
2. Common Areas
3. Customer licensed Premises
4. General Building Rules
5. Security, Access and Health & Safety
6. Signage, Displays and Media
7. Green Provisions
8. Reference Schedule

Rules, Policies, Procedures and Information

These rules are for the safety, care, operation, security and cleanliness of the building. They are for the preservation of good order and safety of the customers in the building together with their visitors, and employees. Where there is a conflict between these rules and the licence, the terms of the licence shall prevail. References to “customer” in these rules refer to the licensee, and references to “owner” refer to the licensor.

These building rules remain subject to reasonable update from time to time and the owner reserves the right to issue an updated document as and when required.

1. Building Facilities

Premises – Facilities

1.1 Bicycles and Scooters

Bicycles and scooters are not permitted in the building except for the designated bicycle parks in the basement. The secure bicycle and scooter parking is on a first-in, first-served basis. We recommend that all electric bicycles use the floor mounted racks, while smaller/ lighter road bicycles make use of the wall mounted bicycle racks. It is the user’s responsibility to ensure that their bicycle or scooter is secured while stored inside the bicycle and scooter storage facilities. The bicycle and scooter storage area is for short-term, daily use only and no long-term storage is permitted. No other items other than bicycles or scooters may be stored in this area.

1.2 Car and Motorcycle Parking

Car parks are located in the basement and are allocated as specified in each licence where included. It is the customer’s responsibility to sign mark car parks as per the owner’s specifications, and customers are also responsible for the allocation and management of their respective car parks.

Customers are responsible for the allocation and management of their respective car parks if they choose to use them for motorcycle parks. There is a motorcycle parking area for customers in the basement car park and space is available on a first-in, first-served basis. The motorcycle parking area is clearly marked, and motorcycles are not permitted to park outside of this designated area unless it is in a licensed car parking space. Motorcycles are at risk of being towed if found parking outside of the designated area or a licensed car park.

There is no designated visitor parking available in the car park and customers will need to advise their visitors of this.

Where a customer has parking included in their licence and has marked the car parks as per the owner’s specifications, and finds a car incorrectly parked in their space/s, the customer should contact building management in the first instance with the vehicle details so they can assist in contacting the owners. If the vehicle is subsequently not moved, the customer has the responsibility to organise for the car to be towed.

1.3 End of Trip

No personal items are to be left within any common showers / end of trip facilities including bottles, soaps, towels and clothing. End of trip lockers are available for daily use only and can be locked using your access fob. Towel service is provided and serviced through the building’s cleaning provider. Towels are for customers’ use within the end of trip only and they are not to be removed from the building under any circumstances.

1.4 Fitness Centre

The fitness centre is available only for customers to use between 5am and 8pm. All customers take responsibility for their own level of fitness and ability to use the equipment provided and do so at their own risk. No outside guests or fitness/ personal trainers are permitted in the fitness centre. The fitness centre must not be used for any commercial activity. Any items you take into the fitness centre, must be removed when you leave. Equipment in the fitness centre is not to be removed from the fitness centre under any circumstances.

1.5 Lobby Cafe

Only food and beverages purchased from the lobby café can be consumed in the café. This excludes the soft seating around the central lift area and the seating behind the curved planter wall next to the large LED screen. If you do bring your own food and beverages into these areas, you are responsible for clearing away all rubbish and dishes.

1.6 Terrace

The terrace on level 2 is for the use of the building occupants and any accompanied external visitors. All visitors are the responsibility of the building occupant and must be briefed on the rules of use for the terrace. All rubbish must be removed from the terrace and consideration given to the occupants of the building in terms of noise and disruption.

Premises – Operational

1.7 Cleaning and Rubbish Disposal

The owner will provide a service to clean all parts of the common areas and building, including the interior and exterior of all windows, the basement, carparking areas and the premises.

The customer shall keep the premises in a good state of cleanliness and shall not allow accumulations of dirt, rubbish or any general office waste items in or about the premises or the common areas. Any e-waste or large items such as broken office furniture, are not to be left in rubbish collection areas or common areas. The customer must organise for the disposal of these items.

If the customer requests cleaning of the external surfaces of the windows of the premises more frequently than the owner considers appropriate, the costs of any such additional cleaning will be recoverable from the customer.

The customer shall not throw or permit to be thrown, dropped or to fall, any rubbish or other article or substance from or out of the premises, the common areas or the roof of the building or into the lift wells or any public areas and will not place any article or substance upon any sill, ledge or shelf.

No rubbish will be burned upon the premises or the common areas.

No rubbish, merchandise etc. is to be left in any of the building’s service areas, common areas, lanes or courtyards. These include designated fire egress routes that must be always kept clear.

1.8 Goods Deliveries/Vehicles

The customer will comply with the owner’s requirements for the booking and use of any loading or unloading areas in or about the building and, when moving bulk goods within the building. The customer will comply with the owner’s requirements as to the times during which that activity is to be undertaken and as to the parts of the premises and common areas that may be booked and used.

1.9 Lifts

The customer will use the passenger lifts in the building only for the carriage of passengers and will not use them for the carriage of goods except with the owner’s prior written consent on each occasion. When goods are being carried in passenger lifts, it will be the customer’s responsibility to ensure that the protective coverings supplied by building management are used as designed. The cost of repairing any damage resulting from the use of the lifts (including by overloading) by the customer and/or persons under the control of the customer for the purpose other than passenger carriage may be charged to the customer.

There are four passenger lifts in the building. Lifts 1 & 2 service the basement to level 16, with lifts 3 & 4 servicing ground floor to level 16. There is no dedicated goods lifts, and in the event of a customer needing to use a lift for carriage of goods, the customer will contact the owner who will advise which lift to use and what protective coverings are required.

There are two accessible lifts located at the Wakefield side entry. These accessible lifts are to be used for accessible entry into the building only. Under no circumstances should these accessible lifts be used for carriage of goods, or any other purpose whatsoever.

1.10 Naming and Signage of the Building

The owner reserves to itself all naming and signage rights for the land and building. The owner may at any time and from time to time dispose of those naming and signage rights and/or change the name of the building, in each case at its absolute discretion.

If the customer uses the name of the building on letterheads or other forms of communication or advertising material, then the full and proper name of the building must be used. In the event of the owner changing the name of the building, any costs relating to the customer’s requirement to update any letterhead or other form of material will be borne by the customer.

The customer may use the official name of the building (as advised by the owner from time to time) to describe the building in any correspondence. Customers can also use just the building address if they do not want to use the building name.

1.11 Public Address System

The owner may provide a public address system throughout the common areas and may play, relay or broadcast, or permit any other person to play, relay or broadcast recorded music or public announcements on that system.

1.12 Roof Access

The customer or its contractors are not to access the roof of the building without the prior written permission of the owner.

1.13 Smoke Free Environment

For the comfort, safety and health of all customers, visitors and staff, the building, including all open areas, courtyards, walkways and under verandas, is intended to be a smoke-free and vaping free environment under the Smokefree Environment and Regulated Products Act 1990 and Smokefree Environment and Regulated Products (Vaping) Amendment Act 2020 (“Act”).

Accordingly, the customer will:

1. Adopt a smoke-free policy in its premises, such policy to prohibit persons from smoking or vaping anywhere in the premises and to comply with the provisions of the act;
2. Enforce such policy within the premises; and
3. Prohibit its staff from smoking or loitering within 10 metres around the entranceways to the building and its premises. For clarity, the entire building and its immediate surroundings are smoke and vape free.

1.14 Services/Utilities

Air conditioning/ventilation. Where any air-conditioning plant is provided or installed in the building and/or the premises, the air-conditioning plant will not be operated outside normal operating hours as provided in these rules or otherwise on Saturdays, Sundays or public holidays, or on any other days when the building is not open to the public, unless the customer has arranged for after-hours air conditioning. The customer will pay all costs incurred in operating and supplying air-conditioning after-hours.

The customer will always comply with and observe the reasonable requirements of the owner in relation to the air-conditioning system and will not do anything which might interfere with or impede the efficient operation of the air-conditioning system.

The customer will keep any sun protection devices (if applicable) installed in the premises for the purpose of reflecting solar heat in the proper operational position (as determined by the owner from time to time) to ensure the designed performance of the air-conditioning system and/or the ventilation system.

The customer will not in any way cover or obstruct the air-conditioning and ventilation ducts and outlets or the windows which reflect or admit light into any part of the building, without the express written authority of the owner.

Lighting. The owner will be responsible for managing the replacement of any electric lights, starters, light bulbs, globes or tubes in the licensed premises which may become damaged or fail to light. All replacements shall be of the same or similar specifications and quality as the item replaced. The cost of replacement shall be recharged to the customer. Flashing lights, spinning or chase type lighting is not permitted, where it is externally visible.

Power Failure. In the event of a power failure, please immediately contact the building management Service Desk on 0800 358 188.

Telecommunications/Data. The owner will provision network services to the customer’s premises. For any additional telecommunications services or IT hardware equipment required, the customer shall be responsible for all necessary installation/connection arrangements with any supplier. All installations must be reviewed and approved by the owner prior to undertaking.

1.15 Terms of use – IT Services

The following provisions (rules) apply to the customer’s access to, and use of, all services and any associated software, documentation and materials provided by or on behalf of the owner for use in or in connection with the building or licensed area (IT services). Capitalised terms not defined in these rules have the meaning given to them in the licence agreement for premises in the property at 2-16 Wakefield Street, Auckland between the owner and the customer (licence).

1. Use of software: The customer must not, and must ensure that its affiliates, employees, and contractors do not, disassemble, de-compile, reverse engineer or otherwise seek to derive source code from any software provided by the owner in connection with the IT services.
2. Access: The customer must not lease, loan, resell, assign, licence, distribute, or otherwise permit access to the IT services to any third party, nor permit access to or use of the IT services by or on behalf of any third party, except as expressly permitted in the licence or with the owner’s prior written consent.
3. Use of logos: The customer must not make any use of or remove any third party names, logos, trade marks or other proprietary marks (together, marks) used in connection with the IT services. The customer must not use the marks of the owner’s suppliers without the prior written consent of the relevant owner. Where the customer is expressly permitted to make any such use, the customer’s use shall be limited to the form and manner stipulated by the relevant owner from time to time and the customer must comply with the relevant owner’s directions as to colours and size of representations of the marks and their manner and disposition (including in relation to the then-current brand, form and placement requirements), and any permitted use of the marks arising will accrue for the benefit of the owner and/or their owners.
4. Copyright notices: The customer must not remove any copyright notices appearing in connection with the IT services.
5. Feedback: The customer agrees that any suggestions, enhancement requests, recommendations, comments or other feedback provided by the customer in relation to the IT services will be deemed confidential information of the relevant supplier and may be used by the owner and that supplier without restriction to improve or develop services, software or documentation, without obligation or attribution to the customer.
6. Security and Malware Protection: The customer must maintain current and up-to-date, industry standard commercial anti-malware software (including current virus definitions from a reputable provider) on systems interfacing with or accessing the IT services. The customer must implement and maintain security measures appropriate to protect the confidentiality, authenticity and integrity of access credentials and the IT services, including treating all user IDs, passwords and other security devices with due care, keeping them secure and confidential, and ensuring proper use. The customer must promptly notify the owner in writing upon becoming aware of any actual or suspected unauthorised access to, disclosure of or misuse of the IT services. The customer is responsible for all acts and omissions of its employees, contractors and persons under its control in connection with the licence and the IT services.
7. End user policies: The customer must comply, and must ensure that its employees, contractors, end users and persons under its control comply, with the owner’s suppliers’ end user policies (EUPs) applicable to the IT services, as updated from time to time. The customer acknowledges that breach of a EUP may result in suspension or termination of access to the IT services. As at the date of these rules, the only applicable EUP is: https://essensys.tech/wp-content/uploads/2022/07/Schedule-3-End-User-Policy.pdf
8. No warranties and exclusion of liability: The customer agrees that the IT services are provided by or on behalf of the owner “as is” without any warranty or representation of any kind (whether express, implied, statutory or otherwise), including as to performance, availability, fitness for a particular purpose, non-infringement, accuracy or completeness, to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, the owner will have no liability whatsoever to the customer (whether in contract, tort (including negligence) or otherwise), including for any losses, damages, costs or liabilities, arising out of or in connection with the IT services or any failure, suspension, withdrawal, interruption, disruption or non-provision of the IT services. Without limiting any of the foregoing, the owner will have no liability for any loss of profit, revenue, business, anticipated savings, data or goodwill or any indirect or consequential loss.
9. Indemnity to the owner: The customer will be liable for any breach of the licence or any EUP caused by the acts or omissions of its employees, contractors or persons under its control as if such acts or omissions were the customer’s own. The customer shall indemnify and keep the owner indemnified against, and shall reimburse the owner for, all losses, costs, charges and expenses reasonably incurred by the owner to the extent arising out of or in connection with: (a) any breach of these rules or a EUP by the customer or by any person who gains access to the IT services through the customer; or (b) any claim or demand by any of the owner’s suppliers that is caused by the customer’s fault or the fault of any employee, contractor, or person under the customer’s control.
10. Cooperation and Further Assurances: The customer must, and must use all reasonable endeavours to procure that any of its employees, contractors or persons under its control, promptly execute and deliver such documents and perform such acts as may reasonably be required to give full effect to these rules and the licence.

1.15 (xi) Internet Data Usage:

1. To the extent the owner makes internet connectivity and data (internet data) available as part of the IT services for use by the customer, the customer agrees that it must only use internet data for its business purposes, and not for any personal, non-business, inappropriate, unlawful, prohibited or restricted activities. Prohibited or restricted activities include, but are not limited to:
   1. continuous or high-volume media streaming unrelated to business operations;
   2. peer-to-peer file sharing or content redistribution;
   3. cryptocurrency mining or blockchain processing;
   4. artificial intelligence model training or bulk dataset processing;
   5. operating servers, hosting platforms, or internet redistribution services without an appropriate service plan; and
   6. automated traffic generation or bandwidth stress activities.
2. The owner reserves the right to review the customer’s connection and data consumption on an ongoing basis. If the customer’s usage is in breach of these rules and/or deemed excessive (meaning it, in the owner’s opinion (acting reasonably), significantly exceeds monthly data usage typically required for standard office use, or otherwise threatens network stability) the owner may:
   1. implement traffic shaping, throttling, or temporary restrictions where necessary; and/or
   2. require the customer to upgrade to a premium network connectivity package at an additional monthly cost.
3. Internet data usage, including connection speed and total data downloads/uploads, will be measured using the owner’s or its suppliers’ network monitoring tools and logs, which the customer acknowledges and agrees will be conclusive evidence of its internet data usage.

1.16 Terms of use – Electricity Usages

The following provisions (rules) apply to the customer’s use and consumption of electricity provided by or on behalf of the owner for use in or in connection with the building or the licensed area.

Capitalised terms not defined in these rules have the meaning given to them in the licence agreement for premises in the property at 2-16 Wakefield Street, Auckland between the owner and the customer (licence).

1. No warranties and exclusion of liability: The customer agrees that electricity is provided by or on behalf of the owner “as is” without any warranty or representation of any kind (whether express, implied, statutory or otherwise), including as to performance, availability, fitness for a particular purpose, non-infringement, accuracy or completeness, to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, the owner will have no liability whatsoever to the customer (whether in contract, tort (including negligence) or otherwise), including for any losses, damages, costs or liabilities, arising out of or in connection with the supply of electricity or any failure, suspension, withdrawal, interruption, disruption or non-provision of electricity. Without limiting any of the foregoing, the owner will have no liability for any loss of profit, revenue, business, anticipated savings, data or goodwill or any indirect or consequential loss.
2. Electricity consumption:
   1. To the extent the owner makes the supply of electricity available for use by the customer, the customer agrees that it must only use such supply of electricity for its business purposes, and not for any personal, non-business, objectionable, inappropriate or unlawful purpose.
   2. If the customer’s consumption of electricity exceeds an average of 800 watts / sqm per week in any four-week period, the owner may charge the customer a fee for the excess consumption of electricity (excess power charges). Excess power charges will be calculated by the owner by reference to the owner’s or its suppliers’ usage records and then-current rates for excess consumption of electricity, and may include the owner’s reasonable costs of administering and procuring any excess capacity.
   3. Electricity consumption will be measured using the owner’s or its suppliers’ network monitoring tools and logs, which the customer acknowledges and agrees will be conclusive evidence of its electricity consumption.
   4. The customer must pay excess power charges:
      1. in addition to any other amounts payable under the licence; and
      2. on the next date it is required to pay the licence Fee or such other date specified by the owner.

2. Common Areas

2.1 Construction

During any construction/development of the building there may be occasions when noisy work is required in public places. The owner will endeavour to keep noise and disruption to a minimum during periods of construction but reserves the right to engage these works at the optimum times.

2.2 Restrictions

The customer’s right to use the common area shall be subject always to the control of the owner. The customer shall observe any restrictions imposed by the owner from time to time as notified.

The customer will not use any part of the common areas or lift lobbies for any business or commercial purposes, or solicit business in those areas by means of the distribution of handbills or other advertising matter or by means of the display or advertisement of any goods or services, without first obtaining the owner’s prior written consent on each occasion, nor will the customer use those areas for temporary storage of goods of any kind.

The customer shall not cover or obstruct any lights, skylights, windows or other means of illumination of the common areas.

The owner may from time to time remove any vehicle incorrectly parked under the control of the customer or its employees, agents, contractors or suppliers from the common areas and the customer:

1. Shall pay the costs of this; and
2. Shall indemnify and keep indemnified the owner against any costs or liabilities incurred or suffered by it in relation to this.

2.3 Services Obstruction and Protection

The customer will not use the toilets and other water supply apparatus or the electrical cupboards and switchrooms for any purpose other than that for which they were made or constructed and will not place in them any foreign objects or corrosive substances. The customer will bear the cost of repairing any damage to that apparatus and the electrical cupboards and switchrooms arising from misuse by the customer and/or persons under the control of the customer.

The customer shall not obstruct or permit the obstruction of any part of the building or the common areas. Without limiting the generality or enforceability of the foregoing obligation, the customer acknowledges that the owner shall be entitled to remove and store at the customer’s risk and expense any item(s) left or placed by or on behalf of the customer in the common areas.

The local electrical wiring regulations prohibit storage in electrical rooms or cupboards. Ensure that any electrical cupboards you have access to are kept clear of all materials.

2.4 Special Events

The owner’s prior written consent is required in advance of any customer event or promotion. The customer must allow sufficient time for the owner to carefully consider such a request.

3. Customer licensed Premises

3.1 Alterations, Repairs, New Installations and Contractor Control

Any proposed building alterations or changes to the customer’s premises (including fittings, furnishings, signage etc.) must have prior written approval from the owner or its representative before any work is carried out on site.

If a customer wishes to make any alterations, repairs or new installations refer to the current Tenancy Fit-out and Alterations Manual which can be obtained from building management.

Building management requires the customer to use the owner’s base build contractors for technical systems such as electrical, security, HVAC, fire protection and plumbing. Contact details for each will be provided upon request. Building management can also recommend contractors for most other trades.

Any agreed work to be carried out that extends outside the customer’s premises, will be overseen by building management and/or carried out by the building’s preferred contractors.

Contractor activity on site needs to be controlled, so that work is pre-planned and safe methodologies are used. Where the customer engages contractors to undertake work, they should advise the contractor of the site hazards and ensure that they have planned their work safely. It is a requirement that the contractor provides the customer and the owner with a Safe Work Method Statement before commencement.

3.2 Defects

The customer must immediately bring to the attention of building management any damage or defect in the licensed premises, or anywhere else in the building, or on any service that comes to the attention of the customer.

3.3 Fixtures and Fittings

All fixtures and fittings installed in the premises by the customer with the prior written consent of the owner and visible from outside the premises, shall conform to the requirements and standards of the owner as to design quality and appearance.

Where the customer’s contractors are required to undertake work outside of the tenancy area, they must observe the site access / induction procedures before starting work and obtain the owner’s prior written permission for the works. Where contractors are engaged in fit-out and alteration works customers can access the Tenancy Fit-out and Alterations Manual via building management for information on management of works.

3.4 Foodstuffs

The customer will not, without the prior written consent of the owner, prepare, cook or consume food in the premises, other than in the kitchen areas (if any) which are designed, equipped and set aside for that purpose.

3.5 Heavy Objects

There are loading rates for the building and the lifts. Permanent loads should be 135kg of concentrated load capacity and should be centred on the ribs of the waffle slabs. If the customer wishes to use rooms for heavy storage, an assessment by a structural engineer is mandatory. Consult building management regarding any heavy object requirement.

The customer will not place anything in the premise that shall cause the owner’s loading rates to be exceeded. The customer will not, without the prior written consent of the owner, bring into the premises anything of such weight, nature or description as will impose upon the building any stress, shock, vibration or weight likely to damage, weaken or cause any movement or structural defect in the building.

Before any safe or any other heavy object is moved into or out of or within the building by the customer and/or persons under the control of the customer, the customer must give to the owner four (4) full working days’ notice in writing to move it, and include the weight and end location of the heavy article in the notice. If required by the owner, the moving will be done under the supervision of the owner or a responsible person approved in writing (prior to such move) by the owner at a time stipulated by the owner. The customer will reimburse the owner on demand for the reasonable third-party costs incurred by the owner in reviewing the plans and in supervising the move. Any damage caused to the building or to any fixture or fitting contained therein, in taking in, moving or removing heavy items, shall be remediated by the customer who or whose agent caused it.

The customer will pay the costs of any consultant required by the owner to satisfy itself on the loading implications of any heavy articles or materials placed or stored, or proposed to be placed or stored, on any of the floors of the building by the customer and/or any person under the control of the customer.

3.6 Inter-Tenancy Walls and Fastening of Shelving

Any load bearing shelving unit must have the weight transferred to the floor and not the inter-tenancy or partition walls. All heavy shelving units must be secured so in the event of an earthquake, the unit is not at risk of falling.

3.7 Licences and Permits.

The customer will, at the customer’s cost, obtain, maintain, renew and keep current all licences, approvals, certificates, consents and permits required for the carrying on of any business, profession or activity conducted by the customer and/or persons under the control of the customer in the premises, and will make available for inspection by the owner all those licences, permits, certificates, consents and permits, upon request.

3.8 Occupation of Premises

The customer will not allow any person to sleep or reside upon the premises or in any part of the building.

3.9 Window coverings

The customer will not erect window curtains or other coverings without first obtaining the owner’s prior written consent. If such consent is granted, any such items installed in the premises must be of non-flammable material and must comply with all relevant standards as have been approved in writing by the owner and in compliance with the provisions and requirements of all relevant authorities.

The customer will maintain in a neat, clean and proper state of repair all window curtains or coverings whether supplied by the owner or otherwise, and will, as often as the need (in the reasonable opinion of the owner) arises, replace at the customer’s own cost any window curtains or coverings of a reasonable material or type nominated by the owner. Where those window curtains or coverings are supplied by the owner, the owner may at its discretion replace them at its cost if in its reasonable opinion those window curtains or coverings require replacement.

4. General Building Rules

4.1 Not permitted on site or general exclusions:

• Animals or birds – no birds or pets shall be kept in or around the building.
• Bankruptcy sale – The customer shall not in any circumstances hold any auction, fire or bankruptcy sale in or around the premises or the building.
• Entertainment machines – The customer shall not place or operate in or near the premises any coin-operated (or similar) type of entertainment machine.
• Forbidden activities – The customer will not allow, or consent to members of any charitable or other organisation, to hold functions or solicit donations within the premises or the building without first obtaining the owner’s prior written consent.
• Interference with machinery – The customer will not interfere with or attempt to control any part of the services or machinery installed in the building or the premises.

4.2 Interference and Eviction

The customer will not do anything, or permit anything to be done, in or in respect of the building which in any way obstructs or interferes with the rights or obligations of other customers or occupants of, or visitors to the building or the public or in any way injures or annoys any of those other persons.

The owner reserves the right to exclude or evict from the building any person who, in the opinion of the owner, is under the influence of intoxicating liquor or drugs, or who in any manner shall wilfully do any act in violation of these rules, or who shall be, in the opinion of the owner, a nuisance to other persons within the building.

4.3 Liquor

The customer shall not at any time sell or permit the sale of intoxicating liquor within the premises unless in accordance with the licensing laws. If intoxicating liquor is consumed within the premises, the customer will ensure that all laws governing the consumption of intoxicating liquors are fully complied with by the customer and persons under the control of the customer.

4.4 Materials – Corrosive and Hazardous

The customer shall not discharge corrosive materials or potentially corrosive materials from the premises into the drainage system which could corrode the PVC piping. If the customer is discharging corrosive or potentially corrosive material, the customer shall ensure that the material is discharged through an appropriate treatment facility to be approved in writing by the owner prior to such discharge. If the customer does discharge corrosive materials or potentially corrosive materials into the drainage system, the customer shall be responsible for any damage to the drainage system caused by these actions.

Chemicals stored and used within tenancies must be safely contained in a bund tray. The customer is responsible for understanding and adhering to the mandated local regulations, and be cognisant of the safe handling, storage and emergency procedures as set out in a material safety data sheet which the customer is responsible for obtaining and completing. The customer is responsible to have spill kits available, where required, in accordance with local regulations. Chemicals must not be left unattended in public areas.

4.5 Noise and Nuisance

Exposure to noise levels above 85dB is likely to cause damage to hearing. For this reason, any high noise activity associated with the premises needs to be controlled so that it doesn’t impact on persons elsewhere on site.

The customer and persons under the control of the customer shall not make any improper or unseemly noises or cause nuisance in the building or interfere in any way with other customers or persons in the building or defile the building.

4.6 Pests

The customer shall keep the premises free of pests. If the customer does not strictly comply with this rule, the owner shall be entitled to engage pest exterminators and charge all costs to the customer.

5. Security, Access & Health and Safety

5.1 Access, Fobs and Hours of Operation

Hours of Access and Building Operation. The customer will be entitled to use the premises 24-hours a day year round. However, the owner will not be liable for any reason whatsoever, should the customer be unable to gain access to the building. When any customer enters or exits the building afterhours it is their responsibility to make sure the point they entered or exited from is returned to being secure.

The normal business hours for operation of the building during which the public will have access to the building will be Monday to Friday 7:00 am to 6:00 pm excluding public holidays. During those normal business hours, the owner will use all reasonable endeavours to provide lift, air conditioning and ventilation services and to keep the building open to the public. Without limiting the preceding paragraph, it is acknowledged that the customer will need to have access to and egress from the building outside those normal business hours and the owner will use all reasonable endeavours to ensure that at least one lift is operative outside those normal business hours.

The owner may close the building or any part of it and/or may close down any building service, in each case, as may be required by operation of law or in the case of an emergency or if the owner otherwise deems that this action is reasonably necessary for the safety of any person or property within or upon the building. Any such action on the part of the owner will not entitle the customer to determine any licence or claim damages, compensation or an abatement of rent from the owner.

After Hours access

The building’s after-hours access and security requirements must be considered as outlined below:

1. The owner’s doors are alarmed and monitored, and a security contractor is employed to respond to base build alarm activations. The cost of any callout caused by or for the benefit of an individual customer will be charged to that customer.
2. Use of the building outside normal business/trading hours carries with it the responsibility to ensure that all security procedures are carried out and that staff are aware of these measures.
3. Use of the building outside normal business/trading hours may incur additional costs for cleaning, security and provision of services.

Access Fobs

The customer will use best endeavours to protect and keep safe the premises and any property contained in the premises from fire, theft or damage from any other cause and will keep all doors, windows and other openings to the premises closed and securely fastened when the premises are not in use and will comply with the owner’s security requirements and procedures relating to surveillance and security of the building as advised from time to time.

The customer acknowledges that all keys or access fobs relating to the building or to the premises held by the customer (whether provided by the owner or procured by the customer for the customer’s own use) will be surrendered to building management on the termination of the licence. The customer will not make any duplicate keys or access fobs or allow them to be made or make any changes to the keys without the prior written consent of the owner. The customer may provide keys or access fobs to the customer’s employees only and will keep an up-to-date register of the people to whom the keys and/or access fobs have been issued. The customer will provide a copy of the register to building management upon request. In the interests of effective security, building management may restrict the number of keys and fobs issued.

The customer will be responsible for the care and retention of all keys and access fobs provided to it by the owner and all duplicates of those keys and access fobs made by the customer and/or any person under the control of the customer. The customer will return all obsolete keys and access fobs to building management immediately upon any holder of those keys and access fobs no longer being an employee of the customer. Any breach of this provision constituting a breach of security enabling unlawful access to the premises and/or the building (or any part), and the consequences of any such breach of security will be the sole responsibility of the customer.

If any key or access fob is lost, stolen, mutilated or destroyed the customer will immediately report that loss, theft, mutilation or destruction and will pay all costs and expenses (including the cost of replacement or of changing locks, as considered necessary by the owner) arising from that loss, theft, mutilation or destruction immediately upon demand by the owner. The cost of all replacement fobs will be payable by the customer to building management.

5.2 CCTV Cameras

CCTV cameras operate within the common areas of the building. These are located at each perimeter entrance, including the carpark and in various common areas for your safety and security. All CCTV monitoring will adhere to New Zealand privacy regulations.

5.3 Emergency Contact

The customer will advise the owner of the private postal, email and telephone numbers of the customer as it is important to maintain building records. If the customer is a corporation, the customer shall provide the contact details of a responsible person employed by the customer and will keep the owner promptly informed of any change to those addresses, emails, or telephone numbers.

5.4 Fire Alarm Activations

Any customer individually responsible for activating a fire alarm erroneously will be charged all costs associated with the activation including fire service charges, technician callout costs and the cost of damage to any common areas. Damage to other customers’ property will be dealt with by private arrangement between customers.

During fit-outs, alarms may be accidentally activated, and information is provided in the Tenancy Fit-out and Alterations Manual for preventative advice prior to any work taking place on the fire systems.

5.5 Fire Drills and Evacuation Procedures

The owner may require the customer to perform fire drills from time to time and observe all necessary and proper emergency evacuation procedures, as set out in the Emergency Procedures document which can be available upon request. The customer and/or persons under the control of the customer will cooperate with the owner in performing these drills and procedures. In exercising this right, the owner will use its reasonable endeavours to minimise any disturbance to the customer’s occupation and use of the premises. However, in no case will there be any compensation payable by the owner on account of any loss or damage caused to or sustained by the customer and/or persons under the control of the customer.

5.6 Fire Hazards

Neither the owner or the customer will do or omit to do anything, or permit anything to be done or omitted, in or in respect of the building which may create a fire hazard, or which may contravene the fire regulations or the rules, regulations, ordinances or by-laws of any authority.

5.7 Health and Safety

The Health and Safety at Work Act 2015, places shared obligations on both owners and occupiers of buildings. These obligations also extend to visitors such as contractors carrying out work on site.

The owner may undertake a review of hazard identification of the common areas and owner features, and where necessary, implement hazard control recommendations. From time to time the owner may issue notices to customers identifying any hazards or risk noted in relation to their occupation, which must be addressed by the customer in a timely manner.

Where hazards cannot be eliminated or isolated, the law requires that building management implement procedures to keep people safe. Wherever practicable, building management will install signage as a guide for all concerned.

While you are responsible for safety within your tenancy, some areas remain under shared responsibility with the owner.

5.8 Skateboards/scooters/in-line skates

Skateboarding, in line skates, cycling, riding of scooters and anything of the like, are forbidden in the building, including its walkways, courtyards and under verandas. This is a safety issue and to protect the building from damage.

5.9 Infectious Diseases

If a notifiable disease occurs on the premises, the customer must immediately notify the proper authorities, provide them with any required information, and inform the owner in writing. The customer is also responsible for paying for the thorough fumigation and disinfection of the premises.

5.10 Injury to Persons

The customer shall notify building management immediately upon becoming aware of an accident or injury or near miss to any person in or around the building, including providing all relevant information available, to enable the owner to take any necessary steps in response to the incident.

6. Signage/Displays/Media

6.1 Signage

No sign, sandwich board sign, advertisement or notice shall be inscribed, affixed or displayed on any part of the building or its common areas, including walkways, shop fronts, and pathways and adjacent footpaths or other areas not owned by the owner, except with the prior written consent of the owner, and then only of such colour, size or style and in such places in the building as have been approved in writing by the owner. All illuminated signs shall be of the static-illumination type.

The customer will not at any time allow any sign to be displayed which refers to any closing down of the business or expiration or termination of its licence.

The customer shall not display any signage which is not professionally presented.

Handwritten signs are not permitted in the building.

6.2 Functions and Displays

The owner may permit, subject to any necessary consent of any authority, any person or organisation to hold any function or exhibition or display any merchandise or organise any parade in any part or parts of the common areas and outside the building at whatever times and upon whatever terms and conditions as the owner may in its absolute discretion think fit. However, the owner will use its reasonable endeavours to ensure that any such use does not unreasonably impair the conduct of the customer’s business.

6.3 Media Statements and Promotion

The customer will not issue statements, verbal or written, to the media in respect of the building.

In all customer promotion, marketing and advertising where the customer refers to the location of the premises, the customer must refer to the building in such promotional and advertising material by its correct name or building address.

6.4 Soliciting

The customer shall not solicit business in the common areas nor distribute handbills, pamphlets or other advertising matter in the common areas and nor shall the customer use audio visual equipment, amplifiers or loud hailers in the common areas.

7. Green Provisions

7.1 Building Performance and Efficiency

7.1.1 Commitment

The owner and the customer are each committed to managing and operating the building and the premises to promote energy efficiency and minimise the environmental impact of the use and occupation of the premises.

7.1.2 Cooperation

1. As part of their commitment in clause 7.1.1, the owner and the customer will cooperate with each other and act in good faith to:
   1. positively contribute to the working environment of the occupants of the building and the premises;
   2. promote the efficient use of resources in the management and operation of the building services, the building and the premises; and
   3. improve and be accountable for energy and water efficiency in the premises and the building wherever possible.
2. In order to achieve the outcomes in clause 7.1.2(i), the owner and the customer will, wherever practicable and reasonable, cooperate with each other’s initiatives to:
   1. reduce energy consumption, water consumption and waste; and
   2. increase and improve recycling or other methods to reduce waste to landfill, having regard to:
      • the extent of any works or operational change required to do so;
      • the cost of such works or operational change; and
      • the extent of interference to occupiers of the building arising from any such works or operational change.

7.1.3 Action

Without limiting the general commitments in clause 7.1.1 and clause 7.1.2, the owner and the customer will:

1. meet six-monthly or as otherwise agreed by the parties for the purposes of addressing any matters or issues relating to sustainability that arise under this licence;
2. use reasonable endeavours not to do anything that decreases or adversely affects the energy efficiency and environmental performance of the building or the premises;
3. cooperate in all audits conducted or initiated by the other party or independent auditors and allow reasonable access to the premises and building to enable the gathering of information relating to the energy efficiency and environmental performance of the building or the premises and/or for the purposes of industry-wide benchmarking, such information to be maintained as confidential unless the other party consents to its disclosure or disclosure is required by any statute, ordinance, regulation or by-law;
4. if the building or premises has a Building Performance/Sustainability Committee in place, nominate a representative to participate in the Committee;
5. if the building or premises has a Building Performance/Sustainability Plan in place, use reasonable endeavours to comply with the Plan;
6. use reasonable endeavours to incorporate energy and water use performance criteria into fit-out design and equipment selection wherever practicable; and
7. use reasonable endeavours to ensure that cleaners engaged to service the building or premises, as the case may be:
   1. follow a ‘green cleaning policy’ for more environmentally-friendly cleaning, that is created and agreed between parties.

7.2 Energy Consumption

7.2.1 Minimisation of energy consumption

The owner and the customer commit to using reasonable endeavours to minimise the energy consumption of the relevant parts of the building for which the respective parties are responsible.

7.2.2 Energy monitoring and reporting

1. The owner and the customer agree to regular monitoring of energy consumption and greenhouse gas emissions of the relevant parts of the building for which the respective parties are responsible.
2. The owner and the customer will provide reports containing details of the energy consumption and greenhouse gas emissions of the relevant parts of the building for which the respective parties are responsible to the other party each quarter.

7.2.3 Reduction of carbon intensity

The parties will purchase or use >80% renewable electricity to reduce the carbon intensity of the relevant parts of the building for which the respective parties are responsible.

7.3 Water

7.3.1 Water consumption and reporting

1. The owner and the customer commit to using reasonable endeavours to minimise the water consumption of the relevant parts of the building for which the respective parties are responsible.
2. The owner and the customer commit to using reasonable endeavours to cooperate with any water management strategies in place for the building.
3. The owner and the customer agree to regular monitoring of water consumption of the relevant parts of the building for which the respective parties are responsible.
4. The owner and customer will provide reports containing details of the water consumption of the relevant parts of the building for which the respective parties are responsible to the other party each quarter.

7.4 NABERSNZ Rating

7.4.1 NABERSNZ Ratings

1. The owner may at its cost establish (where applicable) NABERSNZ certification for the building and will endeavour to continually improve the building’s NABERSNZ rating.
2. The owner will keep the other party informed of the NABERSNZ rating of the building/ premises and of any initiatives being considered by the owner, from time to time, to improve the energy performance of the building/premises.