Usage Policy

This policy is regarding the opportunity to hire and use parts of Kelmarna Gardens Community Farm, a registered charitable organisation (CC51662) managed by the Kelmarna Community Garden Trust to promote organic gardening, sustainable principles, and to maintain a safe and inclusive community space.

Through organised usage arrangements, Kelmarna Gardens seeks to extend the opportunity for members of our community to engage with our space in support of their own objectives, in close association with our goals for community sustainability, inclusivity, and well-being, in the context of our 4.5 acre certified organic farm, where people are welcome and encouraged to cultivate meaningful connections with the environment and each other.

This page outlines the policies, procedures, terms, and conditions that manage our usage arrangements, that allow us to make usage opportunities possible, fair, and accessible, for the benefit of everyone involved and their communities, and which are mutually agreed by scheduling to hire and use our space.

Through these policies, we strive to warrant quality, transparency, and accountability, in order to manage effective arrangements that facilitate enriching experiences in support of community engagement, well-being, education and awareness, joy, and celebration.

1. General

2. Health, Safety, & Privacy

3. Events

4. Photo & Film

5. Charges, Invoicing, & Refunds

6. Postponement & Cancellation

1. General

1.1	Parts of Kelmarna Gardens gardens are available for hire within the terms of a usage agreement, such as for private or community functions (ref. Section 3 - Events) and as a photo or film location (ref. Section 4 - Photo & Film).

1.2

Kelmarna Gardens manages the scheduling of usage arrangement bookings with the intention of promoting opportunity and accessibility for the benefit of the community, and with regard for the multitude of activities that take place on site, to avoid any detriment to those programmes and fundamental farm operations.

Availability is notifiable on application.

1.3	Usage of Kelmarna Gardens is subject to the approval of plans by the Kelmarna Community Gardens Trust (hereinafter 'the Trust'), and usage must be conducted within the approved plan.

1.3.1

The Trust may impose conditions on any approved usage, which may include a requirement for public liability insurance to be held.

1.3.2

Usage may be terminated immediately if usage is found to exceed the approved or agreed scope of usage or the Kelmarna Gardens usage terms and conditions are not complied with.

1.4	On conclusion of usage, everything brought on site must be removed from the site and the site must be left as it was found.

1.4.1

Users must not damage or alter any part of Kelmarna Gardens, including walking or erecting equipment on garden beds, excavating or otherwise disturbing soil or crops, interfering with any livestock, altering any of the structures, or otherwise abusing Kelmarna Gardens.

1.4.2

Users will have regard to site neighbours in organising and conducting their usage and will ensure that their use of Kelmarna Gardens and parking around the gardens does not unreasonably inconvenience or adversely impact on the neighbours and surrounding community.

1.4.3

Kelmarna Gardens reserves the right to invoice the hirer(s) for any additional charges resulting from use.

In addition to the price quoted at the time of booking, the hirer(s) may be charged for:

Any damage to the site caused during the hire period or through any breach of the terms and conditions in this Agreement;
Any extra cleaning, rubbish removal, repair, or reinstatement of the site that Kelmarna Gardens considers is required after the event;
Any unreturned equipment or other loaned property;
Any theft of property;
Any noise control units sent to the site during the event; and/or
Any emergency services call out or if an alarm is set off other than for an emergency;
Any unauthorised overstay; and/or
Any other costs, losses, or expenses that Kelmarna Gardens incurs due to any breach of the terms and conditions outlined in this policy agreement;

1.5

Users indemnify Kelmarna Gardens against any costs, claims, damages, and/or expenses arising out of the use of Kelmarna Gardens.

The Trust does not warrant that Kelmarna Gardens is suitable for any particular use and is not responsible for the loss or damage of any of the users' property in or around Kelmarna Gardens.

1.6

Kelmarna Gardens reserves the right to cancel any booking where circumstances warrant, such as in emergency situations, according to public health guidelines, and/or due to adverse environmental or weather conditions.

Please refer to Secion 6 - Postponement & Cancellation for more information on schedule changes.

1.7

Unless otherwise agreed, a member of the Kelmarna Gardens staff or other personnel approved by the Trust must be on site at the gardens throughout the usage of Kelmarna Gardens.

Where usage is outside of regularly staffed hours, Kelmarna Gardens reserves the right to apply an additional charge to cover personnel time.

2. Health, Safety, & Privacy

2.1

Usage arrangements with Kelmarna Gardens are voluntary, with the acknowledgement that the benefit and enjoyment of activities on site is derived in part from the inherent risks incurred by taking place in a rustic, agrarian setting and primarily outdoor environment.

By making arrangements to use any part of Kelmarna Gardens, all persons involved, including the hirer(s), all persons on site at their invitation during usage, and any relevant Kelmarna Gardens personnel, agree to participate with knowledge and acceptance of any and all associated risks.

2.2	Kelmarna Gardens will make a reasonable and concerted effort to be upfront, clear, and complete in the known hazards and risks associated with usage of the site.

2.2.1

Each usage arrangement will be subject to a booking specific risk assessment, to identify and control for hazards particularly relevant and likely during the unique conditions of a given booking.

2.2.2

The hirer(s) will be responsible for fulfilling all relevant health, safety, and housekeeping procedures, including conducting relevant inductions at the commencement of usage, actively managing risks during usage, and reporting on any incidents or other items of concern in an appropriately timely manner (i.e. as promptly as reasonably possible).

2.3

The hirer(s) agree to consult, coordinate, and cooperate with Kelmarna Gardens regarding health and safety, including but not limited to providing all relevant and necessary information and protections with regard to their specific needs and those of all persons on site at their invitation during usage.

2.3.1

The hirer(s) agree to follow all written and verbal rules and instructions for safety as directed by Kelmarna Gardens and assume responsibility for ensuring compliance with such policies and by all persons on site at their invitation during usage.

2.3.2

Kelmarna Gardens reserve the right to withdraw any person(s) who is identified at any time as presenting undue risk to themselves and/or others by any action or inaction.

2.4	Kelmarna Gardens reserve the right to postpone, cancel, or terminate usage at any time if concern arises regarding safety or well-being. Please refer to Section 6 - Postponement & Cancellation for more information on schedule changes.

2.5

COVID-19 Vaccination Requirements

Usage that takes place during the period after 23:59 Thursday 2 December 2021 and until 23:59 Monday 4 April 2022 are subject to COVID-19 vaccination requirements as a condition of booking.

This means that everyone taking part in a usage arrangement must have proof (as outlined in Section 2.5.4) of vaccination against COVID-19.

Prior to confirming a booking, the hirer(s) are required to confirm their vaccination status and certify the vaccination status of all persons on site at their invitation during usage; and
During usage, the hirer(s) are responsible for monitoring all persons on site at their invitation with regard to verifying My Vaccine Passes, maintaining contact tracing records, and enforcing relevant health and safety precautions related to COVID-19.

2.5.1

The terms (as outlined in Sections 2.5.2 and 2.5.3) of the vaccination requirements will be made clear at the point of enquiry and arrangement, and the hirer(s) must certify their knowledge and understanding of these terms before confirming a booking.

2.5.2

As part of any relevant usage arrangement, the hirer(s) certify that everyone involved onsite during usage:

Is vaccinated against COVID-19;
Can prove their vaccination status by presenting their valid My Vaccine Pass and QR code, with one form of photo identification, upon attendance;
Is willing to follow health & safety precautions during the usage, such as scanning in, wearing a face covering, and keeping physical distance; and
Understands that these requirements are set by the government to prevent and limit the risk, outbreak, and spread of COVID-19.

2.5.3

In the event that any of the vaccination requirement terms are found to have been violated during usage, then the implicated person(s) and/or hirer(s):

May be prevented from participating, or the usage terminated altogether;
Will be required to leave the premises, or manage withdrawal from the premises;
Are NOT entitled to a refund for any fees or deposits;
May be invoiced and liable for payment in full regarding the usage; and
May face legal action and/or infringement penalties, including fines.

2.5.4

Proof of vaccination must be in the form of a My Vaccine Pass with a valid QR code that can be presented, scanned, and verified via the NZ Pass Verifier app.

Photo identification may also be necessary to authenticate a My Vaccine Pass.

Documentation other than a valid, verifiable My Vaccine Pass shall NOT be accepted. This includes purple vaccination cards or any My Vaccine Pass that cannot be verified.

2.6	The views and opinions expressed by users during usage are those of the users and do not necessarily reflect those of Kelmarna Gardens.

2.7

All personal information collected regarding the usage is solely for the purpose of managing the booking arrangement, and Kelmarna Gardens will not use any personal information for any other purpose without express permission from all relevant parties, or otherwise in accordance with the Privacy Act 2020.

2.8	Kelmarna Gardens reserves the right to request photographic, audio, and/or film media taken during usage.

2.8.1

If granted, these media may be used for the promotion of Kelmarna Gardens and its programmes, including via social media, newsletters, and other publications, for the purpose of community engagement, development, and in accordance with the Privacy Act 2020.

2.8.2

Users reserve the right to decline to share such media, or to impose conditions on the usage and/or sharing of that media by Kelmarna Gardens.

3. Events

3.1	Parts of Kelmarna Gardens may be available for hire as a venue for events and functions.

3.2	Charges are dependent on the scope and scale of the event and activities carried out on site. Availability and pricing quotes are available on application.

3.3

Potential users must submit an event plan prior to a booking being confirmed. This must include details of:

a) The area of site to be used;

b) The proposed usage of each area, including Trust buildings and facilities;

c) Any equipment to be brought on site;

d) Any heavy machinery and/or temporary structures or facilities to be placed on site; and

e) The maximum number of people that will be on site, including all persons associated with the event.

3.4	The maximum number of people on site for any event must not exceed 100, including all users such as the hirer(s), guests, staff, and any other persons associated with the event.

3.5	Users must obtain and comply with all licensing and consents relevant to the event, including such as liquor licensing or any consents required from Auckland Council as the owner of the land occupied by Kelmarna Gardens.

3.5.1

Any licensing and consents obtained must accord with the approved or agreed scope of usage.

3.5.2

Copies of all licenses and consents will be provided to the Trust before usage commences.

3.6

Organic waste disposal (composting) is available and may be required as part of a usage arrangement, facilitated by the on-site community composting social enterprise Soil Factory.

Availability, terms of service, and charges are available on application.

Potential users are encouraged to make use of this service, in order to conscientiously manage organic waste generated during usage and to contribute to maintaining the circular, regenerative systems of Kelmarna Gardens.

There may be an infringement fee in the event that terms of service are violated, such as including prohibited, non-compostable, or other undesirable objects in the waste collection.

3.7

Certain equipment may be available on-site and/or for hire as part of a usage arrangement, including kitchenware, tables and chairs, pop-up marquee tents, or others.

Availability, terms of use, and charges are available on application.

Potential users are encouraged to enquire regarding available equipment, and Kelmarna Gardens will make a reasonable effort to inform potential users of available equipment relevant to the proposed usage.

4. Photo & Film

4.1	Parts of Kelmarna Gardens are available for photo and film shoots.

4.2	Charges are dependent on the scope and scale of the activities carried out on site. Availability and pricing quotes are available on application.

4.3

Potential users must provide details of the proposed activities prior to a booking being confirmed. This must include details of:

a) The area of site to be used;

b) The proposed usage of each area, including Trust buildings and facilities;

c) The proposed usage of the images or other media, to be taken on site;

d) Any equipment to be brought on site;

e) Any heavy machinery and/or temporary structures or facilities to be placed on site; and

f) The maximum number of people that will be on site, including all persons associated with the usage activities.

4.4	Additional fees may be required in certain circumstances, including the following:

4.4.1

Talent fee

An additional fee is charged for the appearance of staff, volunteers, or other Kelmarna Gardens personnel in any media taken on site.

4.4.2

Active supervision or guidance

An additional fee is charged where the user(s) requires active supervision or guidance from a member of staff or other Kelmarna personnel.

Whether active supervision or guidance is required may be determined by user request or at the discretion of the Trust regarding the nature of the proposed usage activities.

4.4.3

Cover fee

An additional fee is charged for the use of images of Kelmarna Gardens as a cover or banner photo, including on books, magazines or other periodicals, and on digital media platforms.

4.4.4

Heavy equipment or temporary structures

An additional fee may be charged if heavy equipment or temporary structures are required to be located on site.

4.5	Images or any other media depicting Kelmarna Gardens are not to be featured on physical or digital materials or merchandise for sale without prior agreement.

4.6	Images or any other media taken on site are not to be used for purposes other than those agreed at the time of booking.

5. Charges, Invoicing, & Refunds

5.1	All funds generated by the usage agreements contribute directly to Kelmarna Gardens operational costs, including staff and volunteer time, maintaining and renewing resources, improving access and programme opportunities, and sustaining the urban community farm.

5.2	A booking deposit is required for bookings where the total quoted chargeable amount (GST inclusive) is $200 or more. A booking deposit is calculated at a rate of 40% of the total quoted chargeable amount (GST inclusive) for the booking, and is invoiced at the time of booking.

5.3

Kelmarna Gardens will send the hirer, or appointed individual responsible for accounting on behalf of the hirer, an invoice for the charges payable.

Payment is due within one week (7 calendar days) from the invoice date of issue (unless otherwise specified), for the amount specified, to the account specified representing Kelmarna Gardens.

5.3.1

Invoicing for Booking Deposits

An invoice for a booking deposit may be issued at the time of booking, according to Section 5.2, and payment is due either:

within one week (7 calendar days) from the invoice date of issue, or
at least one week (7 calendar days) prior to the scheduled usage date (i.e. the first scheduled usage, in the case of multiple usage dates),

whichever occurs first.

5.3.2

Invoicing upon Completion of Usage

An invoice will be issued on completion of usage for the total charges, or total remaining charges, on the next soonest business day following the conclusion of usage.

For bookings subject to a required booking deposit, the final invoice will reflect the balance, or remaining payable amount (GST inclusive), equal to the total payable charges less the booking deposit amount (GST inclusive).

5.4	Kelmarna Gardens manages refunds for usage arrangements with the intention of providing flexibility for hirers, security for all parties, and to maximise engagement for the benefit of the community.

5.5

Refunds for usage arrangements are managed based on a timetable of diminishing redeemable value relative to the proximity of time leading up to the booked usage date.

*Not including transaction fees

5.5.1

Category 1 – Full Refund Period

Regarding a period of 29 or more calendar days (more than 4 weeks) prior to the planned usage date, hirers are eligible for a full refund, not including any relevant transaction fees.

5.5.2

Category 2 – Partial Refund Period

Within a period of between 15 and 28 calendar days (more than 2 weeks, and up to 4 weeks) prior to the planned event date, registered ticket holders are eligible for a partial refund at a rate of 50% total charges, not including any relevant transaction fees.

5.5.3

Category 3 – Refund Ineligibility Period

Within a period of 14 or fewer calendar days (2 weeks or less) prior to the booked usage date, hirers are not eligible for a refund.

5.6	Transaction fees refer to any additional fees, such as credit card or other transactional fees, that are applied on top of the booking charges to facilitate the payment transaction(s).

5.7	Regarding refunds for a multiple date usage arrangement, hirers are eligible for refunds subject to the standard refund timetable (ref. Section 4.2) relative to the first date of the multiple date schedule.

5.7.1

This means that eligibility for a full refund (less transaction fees) expires within 28 calendar days of the initial date of a usage arrangement, and that eligibility for a partial refund (50% ticket value, less transaction fees) expires within 14 calendar days of that same initial date of a usage arrangement.

5.7.2

If one or more of the dates within a scheduled usage arrangement have already taken place, then any eligibility for a refund has expired.

5.7.3

Hirers party to multiple date usage arrangements are not eligible for refunds for individual usage dates within the multiple date schedule (i.e. sectional refund), unless otherwise agreed.

Sectional refunds are only ever considered, permitted, and calculated on a case-by-case basis, typically where compelling extenuating circumstances can be proven to be entirely beyond reasonable control, where prohibitive circumstances could not reasonably have been foreseen or provided against (i.e. force majeure).

Notwithstanding, there is no guarantee that such sectional refunds will be processed.

5.8

Where Kelmarna Gardens makes the decision to postpone or cancel a usage arrangement, a refund will be available in full, unless the reason for the postponement or cancellation is related to violations of any relevant terms of usage, health and safety concerns, or other negligence on the part of the hirer(s) or related users.

5.8.1

Depending on the nature of the postponement or cancellation, the hirer(s) may be liable for charges according to Section 5.5.

5.8.2

In the instance that a deposit has been lodged by the hirer(s) and a usage arrangement is postponed or cancelled:

where there are fee obligations on behalf of the hirer(s), any outstanding charges will be calculated relative to the deposit amount such that:
- where the outstanding charges are equal to or more than the deposit amount, the deposit will be retained by Kelmarna Gardens and any remaining charges will be invoiced to the hirer(s), or
- where the outstanding charges are less than the deposit amount, the difference will be refunded to the hirer(s).
where hirer(s) are eligible for a full refund, the deposit amount will be refunded in full, less any relevant transaction fees.

5.9

Kelmarna Gardens expects and appreciates prompt payment of all reasonable expenses within a period of seven (7) calendar days (unless otherwise indicated or agreed) from the issue date of an invoice.

The hirer(s) will upon demand pay all of Kelmarna Garden’s reasonable expenses, including cheque dishonour fees, debt collection fees, and legal costs (on a solicitor/agent/client basis) in relation to the collection of all overdue moneys.

6. Postponement & Cancellation

6.1	Kelmarna Gardens reserves the right to postpone or cancel any session or activity for any reason and at any time, with express notification to the hirer(s), and refunds managed according to relevant aspects of Section 5 - Charges, Invoicing, & Refunds.

6.2

Kelmarna Gardens favours the postponement of usage arrangements (cf. cancellation) in the interest of preserving opportunity, accessibility, and benefit to all parties.

This means that in the event of relevant prohibitive circumstances (e.g. foul weather, public health, etc.; i.e. force majeure, ref. Section 6.7 below), Kelmarna Gardens will strive to work with the hirer(s) to arrange a new date and time to help ensure that users are able to take part in the intended usage.

6.2.1

In the event of a postponement, where possible usage arrangements will be rescheduled to new dates, days, and times consistent with the original arrangement.

However, there is no guarantee that such consistency will be manageable, and all rescheduled dates and times are subject to constraints regarding site, scheduling, and consultation with Kelmarna Gardens staff and the Trust.

6.2.2

Usage arrangements subject to relevant prohibitive circumstances may be called off (i.e. cancelled) where postponement is not reasonable or possible.

6.3	Regarding the management of charges for hirer(s) in the event of a postponement decided by Kelmarna Gardens:

6.3.1

Kelmarna Gardens will communicate as promptly as reasonably possible with the hirer(s) regarding the decision to postpone and the details surrounding the management of rescheduling.

6.3.2

By default, no additional charges will be levied on the hirer(s) unless agreed as concomitant with the rescheduled arrangements.

6.3.3

The hirer(s) will be provided with the opportunity to request a refund, which is not necessarily subject to the standard timetable outlined in Section 5.5.

Where the standard refund timetable (ref. Section 5.5) is no longer applicable or is deemed unreasonable, a revised timetable will be stipulated by Kelmarna Gardens.

6.4	Regarding the management of requests from hirer(s) regarding postponement:

6.4.1

Notwithstanding Section 6.2, Kelmarna Gardens reserves the right to deny post factum alterations to a usage arrangement, including rescheduling (i.e. postponement).

6.4.2

Any decision to postpone a usage arrangement is considered on a case-by-case basis, and any management of rescheduling is subject to constraints regarding site, scheduling, and consultation with Kelmarna Gardens staff and the Trust.

6.5	Regarding the management of charges for hirer(s) in the event of a cancellation decided by Kelmarna Gardens:

6.5.1

Kelmarna Gardens will communicate as promptly as reasonably possible with the hirer(s) regarding the decision to cancel and the details surrounding the management of any relevant charges or refunds.

6.5.2

Refunds will be managed according to relevant aspects of Section 5 - Charges, Invoicing, & Refunds, with regard to Section 5.8 in particular.

6.6	Charges for hirer(s) in the event of a cancellation initiated by the hirer(s) are managed according to relevant aspects of Section 5 - Charges, Invoicing, & Refunds, with regard to Section 5.5 in particular.

6.7

Regarding usage arrangements, force majeure refers to relevant prohibitive circumstances, such as an incident or surrounding circumstances beyond the control of the parties involved, that could not reasonably have been foreseen or provided against, and which as a result prevent the parties from complying with their obligations outlined in these policy terms and conditions.

6.7.1

Foul Weather

All parties are aware of the potential for disruptions to usage arrangements in the event of foul weather such as heavy rain, heavy winds, or otherwise unduly hazardous atmospheric and/or ground conditions.

In the interest of health and safety, all parties will do their best to make informed decisions prior to the scheduled usage to avoid undue risk by keeping apprised of weather forecasting and remaining in suitably regular communication regarding the outlook and related planning, precautions, and/or adjustments to the usage arrangement.

Foul weather force majeure indicates forecast or actual conditions that compel, on agreement by all parties, that the decision to call off the scheduled usage is unavoidable, for reasons of undue risk to health and safety directly attributable to the weather.

6.7.2

Public Health

All parties are aware of the potential for disruptions to usage arrangements in the event of a state of emergency regarding public health, such as an epidemic, pandemic, or related act of governmental authority.

In the interest of health and safety, all parties will do their best to make informed decisions prior to the scheduled usage to avoid undue risk by keeping apprised of public health guidelines, incorporating relevant and appropriate precautions, protocols, and procedures, and remaining in suitably regular communication regarding the outlook and related planning, precautions, and/or adjustments to the usage arrangement.

Public health force majeure indicates an emergency that compels, on agreement by all parties, that the decision to call off the scheduled usage is unavoidable, for reasons of undue risk to health and safety directly attributable to preserving public health and/or fulfilling related emergent legal obligations.

6.7.3

Charges for hirer(s) in the event of a postponement or cancellation due to a force majeure are managed on a case-by-case basis, in the interest of limiting damage to all parties involved, and according to relevant aspects of Section 5 - Charges, Invoicing, & Refunds and Section 6 - Postponements & Cancellations.

For enquiries, get in touch with our Education Manager, Sean, at education@kelmarnagardens.nz

venue hire policyusage terms & conditions

venue hire policy
usage terms & conditions