License Conditions


  HOUHORA HEADS MOTORCAMP LTD

Houhora Heads Road, RD. 4, Kaitaia

Ph 64 9 409 8511 email wagenerpark@xtra.co.nz

 

 

ANNUAL LICENCE TO OCCUPY

 

Whereas the proprietor of Wagener Holiday Park, Houhora Heads Motor Camp Ltd. (hereinafter “The Licensor”) wishes to grant a licence to the Licensee (as identified below) to occupy a site at the Wagener Holiday Park for a period of 12 months the Licensor and Licensee agree to the following

 

CONDITIONS OF ANNUAL LICENCE.  

  •  Term

The period of Licence to Occupy commences on the day this agreement is initially signed and terminates one calendar year after. Licence to Occupy sites are allocated only for one calendar year. Sites shall be allocated on the sole discretion of the Holiday Park Management. Specific sites are not guaranteed, nor is there any automatic right of renewal.

  •  Contact Information

Licensee Contact Information including Contact Person, Address, Telephone Number, Fax, Number, Mobile, and Email shall be provided by the licensor and shall be up dated as and when any of the information is changed.

  •  Refunds

The licence fee is for a year or part thereof so refunds will not be given on Licence to Occupy Sites once the Term has commenced.

  •  Holiday Use

A Licence to Occupy Site is granted for Holiday use only. The Licence to Occupy rates charged do not allow for permanent or continual living on the site.  

 

  • Usage incorporated into license fee  

The license incorporates 90 free nights’ stay. These nights are not transferable. The license To Occupy is only renewed and the 90 free nights only become available when the annual license fee is paid. Unused free nights from the previous year expire on the date the new license fee becomes due. The 90 free nights are solely for use of the license holder for their site only and by the people qualified to be on their ticket. All other family and/or visitors must pay the normal daily rates. Use of the caravan by non-qualifying people is fine when the licensee is not present but those guests must pay normal camp rates.  The camp management must be notified by the licensee personally prior to the arrival of any guests that consent has been granted for someone to use the property if at any time their caravan is going to be used by someone in the licensee’s absence. The licensee agrees to take full responsibility for the behavior of, and for any damage caused by their guests. No-one under the age of 19 is able to use the caravan in the licensees absence and unacceptable behavior by any guest could result in the termination of the License To Occupy agreement.

Dependent children under the age of 15 must be accompanied by a responsible adult. All users of the site must sign in at the office on arrival (or first thing on the next morning if the office is closed) and get their tickets signed off on leaving. If on arrival after dark the office is closed for security reasons we ask that all site holders toot when arriving.  

  •  Subletting of site

The subletting, assignment or transfer of the site is not permitted.  Guests are welcome but are required to pay the normal ruling nightly rates. Prior arrangements must be made with the Holiday Park Management before guests arrive. All users including the Licensee must report to the office on arrival and pay the nightly fee if required to do so.

  •  Camp site:

National camping ground regulations require that 

(a)   Caravans and awnings must be positioned so they are at least 1.5 metres from all site boundaries drawbars and guy ropes excluded) AND MUST be sited as directed by the Holiday Park Management.

 (b)   The caravan must have permanent wheels, drawbar and (when entering the camp) a Warrant of Fitness for use for public roads.

 (c)    The wheels and drawbar must remain on and operational

 (d)   Drawbars must face the roadway to enable rapid relocation in case of an emergency. If your caravan is not currently compliant to this regulation please ensure you either turn it around / or attach an additional towbar / or a strong access chain to ensure rapid removal for emergencies. Ropes must not be connected to trees, hedges or fences and must be confined within the marked boundaries of the site. Similarly campervans and motorhomes are required to be reversed into the site so that in an emergency they can be driven forward.

 (e)   More than 1 tent may be erected on the site providing that there is a minimum clear distance of 3 metres between individual tents and/or caravans.

 (f)    No objects such as wood/camping equipment/beach gear etc may be stored underneath caravans or decking. Most of these objects are flammable and pose a potential fire hazard.

The Management will exercise discretion as to the type/model of caravan allowed in the park.

 All grey water/kitchen waste water must be drained into mobile wastewater containers.

 The practice of positioning caravans on top of concrete or timber jacks is only permitted to a height necessary to provide a level floor with wheels touching the ground.

 It is the Licensee’s responsibility to maintain the site. The cost of any maintenance of the site carried out by the Licensor will be on charged to the Licensee.

  •  Caravan Removal or Alteration

If any changes are planned to the caravan/awning or any other improvements on the site, the Holiday Park Management MUST be consulted in advance, to ensure the proposed changes are permissible.

 If during a Licence to Occupy year the Licensee plans to alter or move the caravan/awning and/or any other improvements on the site, the Holiday Park Management reserves the right to require the site layout to be altered.

 If at any time during the Licence to Occupy year, the caravan/tent is removed from the site, the Holiday Park Management is entitled to use the site for casual camping purposes until the caravan is returned. No compensation or part refund shall be payable. The Licensee agrees to give 7 days notice of his/her return so that the management have time to move any campers who are using the licensed site to another site.

 Any temporary structures (annexes, garden sheds, decking etc) left on site after the caravan has been removed, must be cleared within 14 days or they will be impounded, removed and disposed of by the Holiday Park Management and a removal/clean up fee will be charged. (Refer termination below) 

  • Fire Safety (fires and BBQs)

The entire Far North District is a restricted fire area therefore there are no open fires permitted in the camp ar adjacent land or on the foreshore.

 Tents, caravans and other accommodation facilities (including storage boxes, BBQ’s or any other combustible materials) are not permitted to be placed less than 1.5 meters from all boundaries of the site (drawbars and guy ropes excluded).

 All gas bottles must be kept in current hydro-test survey. An active smoke detector must be correctly installed in all awnings.

Every site holder must keep a minimum of 0.9 kg ABC fire extinguisher in current survey on their site.

 Site holders must familiarise themselves with and comply with the Evacuation Plan for theHolidaypark.

Open fires are strictly prohibited within the camp or surrounding area.  Only portable gas BBQ’s of safe construction are permitted. Charcoal bbq’s may be approved depending on the bbq and the moisture conditions of the day.  

  • Improvements

The Licensee shall not, without the prior written consent of Licensor, make any improvements to the Site. The Licensee shall be responsible for the maintenance of any such improvements undertaken on the Site.

 Licensee will not use any part of the Site for the purpose of displaying signs, hoardings or advertising materials, whether incidental to the operations of Licensee or for any other purpose, without the prior written consent of Licensor.

 The camp management may give written consent for one or more of the following given that any required local or regulatory body approvals are first obtained and appropriate plans are submitted to the management for approval.

  1.  A fixed caravan annex
  2. A garden shed
  3. A deck or interior decking/flooring of a awning
  4. A post for the affixing of a satellite receiving dish – generally receiving dishes should be fixed to the caravan or annex.

 The Licensee acknowledges that it is the responsibility of the Licensee to obtain all necessary permits, consents or compliance certificates. 

  • Gazebos

A gazebo may be permitted if the frame is removed when the site is not occupied, the frame is located within the site boundary and it does not occupy the vehicle park for the site. Holiday Park Management approval must be sought before the erection of the gazebo. 

  • Vehicles

During the busy season at all times vehicles and boats must be accommodated within the site boundaries. Only one vehicle per site is permitted unless otherwise agreed by the camp management. In cases where alternative parking is required then it must be in an area specified by the camp management. No vehicles are permitted in the camp grounds without a security sticker unless prior permission of the camp management is granted. Where a Licensee wishes to park additional cars and/or boats, jetskies etc on an adjoining site then they must pay a site fee equivalent to that which 2 casual adults would need to pay. 

  • Visitors

       Upon arrival all visitors must check in at the Holiday Park Office. Visitor’s cars are not permitted in the grounds without a security sticker.  A visitor is any person not staying the night. Visitors must leave by 10pm unless registered as campers and fees paid. Visitors must observe all holiday park rules and the licensee shall take all responsibility for the actions of site visitors.    

  • Power

       It is the Licensees responsibility to ensure that their caravan has a current electrical warrant displayed in the front window at all times. Caravans without a warrant must not connect to power boxes. The management will apply for a warrant on the Licensees behalf and arrange an electrician to bring the caravan up to warrant standard if requested to do so but all responsibility and costs must be met by the Licensee.

       Tents may connect to power boxes providing that an approved isolating transformer is used. Power leads must be a minimum of 2 meters off ground level. Electrical appliances must be switched off and the power disconnected when the site is not occupied unless prior arrangements are made with the management. The management accept no responsibility for disconnecting power from unoccupied sites. 

Power is only to be connected while the licensee is staying at the camp unless an appropriate agreement is made with the camp managers and the power fee paid or a meter installed. 

  • Maintenance of sites

      Licensees are responsible for maintaining their sites in a tidy condition, to keep the exteriors of their caravans, awnings, annexes and sheds clean, mould free, and painted (where appropriate) and to either mow, or arrange to have mown by a camp approved contractor, their site at least every 2 weeks. The Camp will mow the site for the licensee at a cost of $390 per year (or when the Licensee normally mows his/her own lawn but is not to mow it for some reason then at $15 per cut).

       Paving is permitted along awning drip-line no wider than 300mm. Any other paving is only permitted at Holiday Park Management’s discretion. There is no permanent (in ground) planting without express permission of the camp management. No paving/trellis work/decking etc is permitted in the vacant 3m area between caravans/awnings and the site boundaries. Nose boxes over tow bars are permitted as storage space as long as the nose box is loose. No garden sheds can be erected without the express permission of the camp management.

  •   Outgoings

Where services are provided to the Licensee’s site or property the Licensee shall promptly pay the charges for such services.

 1.     The Licensor will give the Licensee a minimum of 120 days notice of intention to charge for any services that have previously been incorporated into the annual rental.

 2.     If Licensee requires services that are not supplied to the Site and the Licensor agrees to the provision of the service then the Licensee shall, at its sole cost, arrange for the connection of these services.
Services to the Site for which the Licensee could be responsible for paying include:

(a)           Water, gas, telephone, and electricity charges plus any other utilities or services including line charges;

(b)           Rubbish collection and disposal charges;

(c)            A proportionate share of all rates and taxes levied upon or payable in respect of the property housing the Site.

(d)           Laundry, internet and other services or facilities that may be from time to time made available to the Licensee on a user pays basis

 If any outgoing for the Site is not separately assessed or levied, then the Licensee may be required to  pay a proportionate share of such outgoing if so required by the Licensor given that clause 1 above is satisfied. The Licensor may require that any outgoing payable by the Licensee be taken into account by instalment payments to be payable on the 20th of the month following an invoice for payment of the outgoing.

If any outgoing payable by the Licensee is not taken into account by instalment payments, such outgoing shall be payable by the Licensee on demand.

If any outgoing is rendered necessary by:

(a)           another Licensee of the property;

(b)           another Licensee’s agents, employees, contractors, or invitees causing damage to the property; or

(c)            another Licensee’s failing to comply with its leasing obligations,

Then such outgoing shall not be payable by Licensee.

Notwithstanding the expiration or earlier termination of the term of this Licence, the Licensee’s obligation to pay outgoings during the term shall subsist.

  •  Insurance

The Licensee shall at all times maintain replacement and public liability insurance cover on caravans and any other buildings or improvements on the site and/or use of the site and indemnifies the Licensor from any claims of damage relating to use of the site however the claims may arise.

  •  Boat & car washing

Northland Regional Council environmental constraints means that the washing of boats and the flushing of outboards within the camp is not permitted. We are fortunate however to be able to use the adjacent bus wash facility provided by the Wagener Houhora Heads Endowment Trust for the washing of vehicles and boats.

  •  Gates

The gates may be closed at night at 10.00pm and reopened at 6.30am the next morning. 

  • Speed limits

The speed limit within the HolidayParkgrounds is 5kph at all times. Watch for children. 

  • Noise

This is a family camp and popular with many young families therefore quietness must be observed after 10.00pm. Electronic or musical equipment must be played at low volume at all times. “Boom boxes” are not able to be used within the park area at anytime. Gross breaches of these requirements should be reported to the Holiday Park Management. 

  • Alcohol consumption

Alcohol is not permitted inside any holiday park amenities buildings. Alcohol consumption should be restricted to your site.  Be considerate of other people (including children) if consuming alcohol and exercise restraint. 

  • Smoking

Smoking is not permitted in any camp buildings. Because of the high fire risk all cigarettes are to be extinguished properly and placed in an appropriate receptacle. 

  • Toilets/Showers/Kitchens/Handbasins

Children under the age of 5 must be accompanied by an adult when using toilets and showers. 

  • Laundry

Private washing machines and dryers are not permitted to be used on holiday park sites, 

  • Trees and shrubs

Trees are important for scenic and sun protection reasons and must not be cut down or pruned or damaged in any way. If a licence holder is concerned that a tree or branch thereof poses a safety issue they should notify the camp management who may then if they agree with the request contract a qualified arborist to remove the offending piece at the licensee’s expense. 

  • Animals

Campers or visitors are not permitted to have animals or pets (other than registered guide dogs) in the main holiday park area (in or out of vehicles) at any time, for any reason. In the pet friendly area dogs must be kept on a leash. It is the camper’s responsibility to ensure that their dog does not present a danger or nuisance to other campers. 

  • Phone calls and messages to the office

Confine these to urgent messages only. 

  • Licence to Occupy fees

Failure to pay fees (or invoices for services rendered) in full on time may result in a termination of the license. Any unpaid fees will be the subject of a 2% per month credit facility fee and any collection costs. 

  • Property Damage

The Park owner shall not be held responsible for the 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 within the vicinity of the holiday park grounds. 

  • Bicycles and Skateboards

The use of bicycles and/or skateboards is permitted only on the basis that their use does not present a safety or nuisance issue to the users or other campers in or around BBQ or on any concreted area 

  • Fireworks

No fireworks are permitted in the HolidayParkas they have the potential to cause danger or damage.The Auckland Council General Bylaw 1998 prohibits the setting off of fireworks in any public place without the prior written consent of the Council or an Authorised Officer. 

  • Behaviour

The Management has the right to cancel occupancy and evict from the site the Licensee and/or all other occupiers of the site if behaviour or activities occur that are incompatible to the effective running of the park. Behaviour or activities that require such serious action by the camp management will constitute a breach of the conditions of the license and will be grounds for an early termination of the Licence To Occupy. 

  • General Care and maintenance

  In addition to other responsibilities specified in this agreement the Licensee agrees to at all times during the term of this Licence take care to keep the Site clean, tidy and in good order and repair comparable to the condition it was in at the commencement date of the initial Licence 

If the Site contains toilets, sinks and drains, they shall be used for their designed purposes only and no substances or matter shall be deposited in them which may cause any blockage or damage.

The Licensee’s caravan, annex and/or other property must be kept in a state of good repair. If the management decides for whatever reason that they need to obtain the services of a contractor to ensure that the Licensees property is well maintained then the Licensee shall be responsible for paying for any necessary repair and damage (including glass breakages).

The Licensee shall be responsible for paying for the repair of any loss or damage to any property however caused including by abnormal, careless, or improper use by Licensee or any of Licensee’s agents, nominated family members, employees, contractors, clients, or invitees. Such repair shall be done to Licensor’s reasonable requirements.

If the Licensee becomes aware of any defect in or accident to the Site, Licensee shall immediately notify the Licensor in writing of such defect or accident. In particular, Licensee shall immediately notify Licensor in writing if such defect or accident affects any water, electrical, gas, or drainage services.

The Licensee will permit the Licensor’s officers and agents to enter the Site at all reasonable times in order to inspect and view the state and condition of the Site and the conduct of persons within the Site, AND within fourteen (14) days of receiving notice in writing from the Licensor to do so, will promptly and efficiently carry out all such repairs and renovations which may be required by such notice and which the Licensee is liable to perform by virtue of this Licence.

If the Licensee is responsible for any repairs which require to be undertaken as a matter of urgency, then, without prejudice to the Licensor’s other rights and remedies either implied or expressed, the Licensor and/or Licensor’s agents, employees and contractors together with required materials and equipment may, at all reasonable times, enter the Site to execute such repair.

If, pursuant to this Licence, the Licensee is in default for the due and punctual compliance of a repair notice given by the Licensor to the Licensee, then, without prejudice to the Licensor’s other rights and remedies either implied or expressed, the Licensor and/or Licensor’s agents, employees and contractors together with required materials and equipment may, at all reasonable times, enter the Site to execute such repair. The Licensee will, upon demand, pay to the Licensor all sums expended by the Licensor for such repair, such sums to be treated as an advance to the Licensee which shall bear interest at the rate of 22.5% per annum computed from the date or dates of expenditure by the Licensor. 

  • Rubbish

The intended use of the rubbish bins in the HolidayParkis for the collection of ordinary household waste only. Batteries, gazebos, beds, fridges, carpets, tarpaulins, gas bottles, furniture, and the like must be removed from the park by the site Licensee or nominated user. All statutes and Council bylaws must be complied with. 

All food scraps are to be wrapped in paper. Biodegradeable dispoasal bags available in the office. Seafood shells, burley, bait, fish bodies are to be disposed of in the channel at low water. Fish carcases etc are not to be disposed of on the beach above low water where they may become a hazard to childen playing or swimming

The Licensee shall maintain their rubbish bins and containers in good condition and have all rubbish and garbage removed from the site on a daily basis. Any trade waste boxes or any other goods or rubbish which are not removed in the ordinary course by the local authorities, may be removed by Licensor at Licensee’s sole cost.

Licensee recognises that the Licensors are keen to be responsible camping ground hosts and for that reason operate a composting and recycling system and agree to apply their best efforts to assist the company in this matter by separating their waste products into the provided appropriate bins. The disposal of any imported waste material will be charged at normal retail commercial rates. The importing of domestic or commercial waste is not permitted for any reason. 

  •  Default

 A default shall be deemed to have occurred if there is a breach of the Licensor’s obligations which include 

(a)   Failure of the Licensee to pay any Annual License Fee or other financial obligation payable by Licensee under this Licence on the date that such amount becomes due

(b)   or failure of the Licensee to comply with any of the published Rules of the Camp

(c)    or failure of the Licensee to meet any conditions of the Licence as contained within this document

 In the case of a default by the Licensee the Licensor shall be entitled to remove and impound all and any vehicles, caravans, buildings or improvements and recover from the Licensee outstanding monies and the Licensee shall compensate the Licensor for any damages resulting from such breach by whatsoever means the Licensor deems desirable as outlined in the termination procedures.

  •  Termination

The annual License to Occupy may be terminated in 5 ways. 

  1. Naturally at the end of every 12 month calendar period.
  2. The Licensee gives the Licensor notice that the Licensee wishes to early terminate the License.
  3. The Licensee sells the caravan.
  4. The Licensee breaches the conditions of the Licence or is found to be in default of the agreement.
  5. The Licensee fails to pay the licence fee within14 days of the signing of the Licence agreement or otherwise fails to pay monies owed to the Licensor within 20 days of the issue of an invoice for the same.

 In the case of 5 above, after a notice has been served (refer “notices”) that the Lisencee is in default because of a non-payment of monies, the Licensor is going to exercise its rights to impound the property on the site and sell or otherwise dispose of it, and if full payment of outstanding fees, monies, collection and other costs is not made in full within 14 days of said notice then the property shall be deemed to have been impounded and the Licensor authorised to sell, remove or otherwise dispose of the property. If there is a excess of monies from the sale or disposal of the impounded property after the payment of all outstanding fees due to the Licensor including the original debt and any subsequent costs then such a excess will be held in trust for the Licensee to claim for 12 months from the date of the aforementioned notice after which time the excess monies will be applied to capital works in the camp leading to the long-term benefit of the community at large.

 In all other cases above, at the anniversary of the signing of the Licence to Occupy Agreement or upon any earlier termination of the term of this Licence, unless a new License has been applied for Licensee shall if requested by the Licensor:

 (a)           quietly give up right to occupy the site and return it to the same condition as it was at the commencement date, normal wear and tear excepted;

 (b)           remove all of its vehicles, caravans, buildings, fixtures, fittings, and chattels from the site;

 (c)            repair any damage caused by Licensee’s removal of its vehicles, caravans, buildings, fixtures, fittings and chattels from the site, at Licensee’s sole cost.

 If Licensee has not removed its fixtures, fittings, and chattels from the site within 30 days of the expiry date of the Licence or earlier termination date (as the case may be), then the vehicles, caravans, buildings, fixtures, fittings, and chattels may, at Licensor’s sole discretion, be removed from the site by the Licensor in a proper and workmanlike manner and/or  impounded and be sold or disposed of by any other means or sent to a refuse collection centre or sold on-site by tender, auction or private negotiation at the Licensors discretion.

 The costs incurred by the Licensor for such removal, disposal and/or sale shall be recoverable from the Licensee firstly from proceeds of any sale should such occur. The Licensor shall not be liable for any compensation to or any loss suffered by Licensee as a result of such removal.

The Licensee shall be responsible for the costs of repairs for any damage caused by the removal of Licensee’s vehicles, caravans, buildings, fixtures, fittings, and chattels.

  •  Notices 

Subject to the provisions of the Property Law Act 1952, any notice to be given by the Licensor to the Licensee shall be deemed sufficiently served, if, the notice is in writing and served to the applicable party by:

 (a)   personal delivery, regular mail, registered mail, or facsimile; or email; or by an advertisement published in the Northland Age

 (b)   If the notice is given pursuant to Section 118 of the Property Law Act 1952 (and any amendments thereof), then such notice shall be given in accordance with Section 152 of the Property Law Act 1952 (and any amendments thereof).

 A notice given is deemed to have been served:

If sent by personal delivery, when received by the addressed party;

If sent by facsimile, when sent to the addressed party’s facsimile number; or

if sent by regular or registered mail, on the second working day after the date of posting to the addressed party’s last known New Zealand address.

If sent by email, when sent to the last known address

If by an advertisement published in the Northland Age, when published in the public notices section

 For the purposes of this Licence, a working day shall mean any day in which registered banks are open in the province where the Site is situated.

 Any notices served on a day other than a working day or after 5.00 pm on a working day shall be deemed to have been served on the following working day.

 Any notice given by a director, solicitor, authorised representative, or general manager of the party giving such notice shall be deemed valid.

 If the Licensor serves a notice on the Licensee and the Licensee’s last known address in New Zealand or the Licensee’s facsimile number are not know by the Licensor, then any notice securely and prominently affixed to any part of the Site shall be deemed to have been served to the Licensee on the date such notice was affixed to the Site.

  •  Changes to the Agreement

The company can alter the agreement at any time however it agrees to date and retain both the old and revised versions of the agreement whenever an on-line change is made. Unless the Licensee is notified in writing of changes made to the License Agreement  subsequent to their formal indication of agreement to the License conditions the conditions applying at the date of the agreement will apply. 

  •  Suitability of Site

The Licensor has not made and does not make any warranty or representation, either expressed or implied, as to the current or future suitability and/or adequacy of the site for the Licensee’s use. The  Licensor has not made and does not make any warranty or representation that any use of the site by the Licensee shall comply with any ordinance, by-law, or requirement of any authority having jurisdiction.

  •  Arbitration 

In all matters pertaining to the management of the company and the property is the total prerogative of the Licensor However with the exception of fixing of the Annual License Fee by the Licensor and the annual termination of the Licence the Licensor may agree to take a dispute to arbitration. In which case any disputes arising between the parties with respect to this Licence shall be submitted to the arbitration of a single arbitrator, if one can be agreed upon, or to two arbitrators (one to be appointed by each party) and their umpire (appointed by them prior to the arbitration), such arbitration to be carried out in accordance with the provisions of the Arbitration Act 1996 or any statutory provisions relating to arbitration then in effect. This clause shall not prevent Licensor suing Licensee for arrears of Annual License Fee or other moneys payable by Licensee.

  •  Waiver

No party to this Licence shall be deemed to have waived any of its rights, powers or remedies under this Licence unless such waiver is expressly set forth in writing. No consent or waiver, express or implied, by a party of any breach or default by the other party in the performance of such other party of its obligations shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such other party of the same or any other obligations under this Licence of such other party. Failure on the part of a party to complain of any act or failure to act of another party or to declare another party in default, irrespective of how long such failure continues, shall not constitute a waiver by the first mentioned party of its rights under this Licence.

  • Entire Agreement

This Licence and any schedules attached hereto constitute the entire agreement between the parties to this Licence pertaining to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the parties in connection with the subject matter of this Licence except as specifically set forth herein.

  •  Interpretation

Wherever used throughout this License, the terms “Licensor” and “Licensee” shall include the successors and permitted assigns of Licensor and Licensee, respectively.

Where the context requires or admits, words importing the singular number include the plural and vice versa and words importing the neuter gender includes the feminine and masculine genders.

The division of this Licence into sections and the insertion in this Licence of headings are for convenience of reference only and shall not affect the construction or interpretation of this Licence.

  •  Assigning and/or subletting

Licensee will not assign this Licence, or sub-license or otherwise part with possession of all or any part of the Site without first obtaining the written consent of Licensor.

  •  Enurement

This Licence shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors and assigns.

  •  Governing Law

This Licence shall be governed by and construed in accordance with the laws of New Zealand and the parties hereby attorn to the jurisdiction of the courts of New Zealand.

  •  Obligations Joint and Several

If two or more persons or companies are liable under the terms of this Licence, their obligations shall be both joint and several.

  •  Time of Essence

Time shall be of the essence of this Licence.

  •   Severability

If any of the terms, conditions or provisions of this Licence shall be held to be indefinite, invalid, illegal or otherwise unenforceable, in whole or in part, for any reason, by any court of competent jurisdiction, the remainder of the provisions of this Licence shall continue in full force and effect and shall be construed as if such indefinite, invalid, illegal or unenforceable provision had not been contained herein.