Terms and conditions for using Wellington public spaces for events

General

1. Changes to your activity

The organiser shall advise City Events as soon as possible of any proposed change to the nature of the activity, which shall be subject to approval as a variation of the event permit.

2. Licences and/or consents

The Organiser shall obtain all necessary licenses and/or consents (e.g. resource consent, liquor, food, trading, building consents, special effects, amusements, fireworks, temporary structures, marquees) prior to the Event commencing and must abide by the conditions imposed on those licenses and/or consents.

Please note the use of Fireworks requires written consent from NZ Fire Service (urban) or Rural Fire Authority (rural) and a ‘test certificate’ issued by the Environmental Protection Authority (EPA).

3. Consultation and notifications

If deemed necessary the Organiser shall inform residents and businesses in the area affected by the Event at least two (2) weeks prior to the activity. Such information shall at least include a letter delivered to each house or business in the affected area. The letter shall contain the wording, “Wellington City Council has requested we inform you…” and include the following information:

3.1. The name of the Event

3.2. The name of the Organiser contact details before and on the day of the Event (including mobile telephone numbers)

3.3. The general nature of the Event

3.4. The duration of the activity including set up and pack down periods, and when any music will be playing including sound checks if relevant

3.5. The relevant contact details for Wellington City Council Contact Centre, 04 499 4444

A draft of this flyer shall be provided to Wellington City Council for approval by City Events prior to its distribution.

4. Site plan

The Organiser shall provide to City Events, at least four (4) weeks prior to the activity, a finalised plan of the site(s) including details and position of all equipment associated with the Event.

5. Insurance

The Organiser shall provide to City Events at least four (4) weeks prior to the Event proof that it holds a suitable public liability insurance policy, including details of the insurer, any relevant exclusions and the amount of insurance cover.

6. Event hazard and risk management plan

6.1 The Organiser will comply with its obligations, and shall ensure all associated PCBU’s including subcontractors comply with their obligations, under the Health and Safety at Work Act 2015 (“HSW Act”), all regulations made under the HSW Act, and all relevant published codes of practise, standards, and guidelines.

6.2 The Organiser acknowledges that:

6.2.1 as the occupier and the person in possession of the Event site, he or she has the primary responsibility under the HSW Act; and

6.2.2 as between the Organiser and the Council the Organiser has the primary responsibility for health and safety in and about the Event site, in addition to its own workers and others under the HSW Act; and

6.2.3 in relation to any volunteers that the obligations to them as workers under the HSW Act are complied with.

6.3 The Organiser shall take all reasonably practicable steps to:

6.3.1 provide and maintain a safe working environment;

6.3.2 identify any significant hazards / risks;

6.3.3 ensure that any worker involved in carrying out the services is not unnecessarily exposed to risks which are under the Organisers control; and 

6.3.4 have proper procedures for dealing with emergencies that may arise.

6.4 The Organiser shall provide to City Events at least four (4) weeks prior to the Event a written Hazard / Risk Management Plan complying with the requirements of the HSW Act.

7. Serious incidents/notifiable events [Health and Safety at Work Act 2015]

The Event Organiser must report any notifiable events to WorkSafe NZ and City Events as soon as possible. Organisers should call WorkSafe NZ on 0800 030 040 to report the incident and provide the City Events team with a written report.

8. Contacts

The Organiser shall ensure that they provide, at least four (4) weeks prior to the activity the name and mobile phone number of a contact person onsite on the day of the Event.

9. Control of sound and noise

9.1. The Organiser is required to comply with the permitted decibel levels as set out in the appropriate Wellington City Council District Plan or any resource consent granted.

9.2. The Organiser is required to supply the name and mobile phone number of a person who must remain available at all times during the Event and who has authority and ability to control volume of noise.

10. Electricity

10.1. If ‘event power’ supply can’t be facilitated simply by plugging directly into existing ‘Event Power’ outlets (typically 10amp, 32amp and 63amp) then the Wellington City Council’s relevant contracted electrician must be engaged to undertake the connection. Under no circumstance can the ‘hard wiring’ of any Wellington City Council power outlet be altered or tampered with, without prior written approval.

10.2. Power cables/leads should be continuous between the point of supply and equipment in use. If this is not possible, additional cables/leads must be joined by an ‘industry approved’ watertight coupling.

10.3. All electrical equipment used must be in good, safe working order and have a current Portable Appliance Test (PAT) tag or equivalent – please refer to NZ Standard AS / NZS 3760.

10.4. Access to ‘event power’ will be facilitated by issue of a key. (please refer to condition 32 below)

11. Compliance with Council rules and legislation

The event permit provides the Organiser with limited permission to occupy public land for the purposes stated. The Organiser is responsible for ensuring that all activities also comply with the requirements of the appropriate Wellington City Council district plan, the appropriate Wellington City Council Bylaws and the Local Government Act 2002. In particular, the Organiser should be aware of laws relating to public places, signs and billboards.

12. Compliance with the law and with direction from Police and/or Wellington City Council officers

12.1. The Organiser shall comply with all laws, regulations and bylaws at all times during the activity and comply immediately with any instructions issued by the New Zealand Police and/or Wellington City Council Officers in the execution of their duties.

12.2. The Organiser shall ensure that all participants comply with all laws, regulations and bylaws at all times during the activity and that all participants comply immediately with any instructions issued by the New Zealand Police and/or Wellington City Council Officers in the execution of their duties.

13. Access to properties

The Organiser shall ensure that access and egress for residents, businesses and emergency vehicles are available at all times; that the public is not unduly inconvenienced, and that public and private access ways are kept clear at all times.

14. Public services

The Organiser shall provide a lost child facility, an information service and disability parking and access for the duration of the Event.

15. Responsibility for equipment

The Organiser shall provide, place and remove all temporary structures, signs, rubbish bins, toilets, equipment, props or other structures or devices associated with the Event. Removal of such equipment shall take place immediately after the Event. All equipment and structures used must be in good, safe working order and constructed, used and disassembled in accordance with manufacturer’s instructions.

16. Responsibility for clean up

The Organiser shall ensure that any area associated with the Event is left in a clean and tidy condition, including surrounding streets. The removal and disposal of all rubbish associated with the Event shall take place immediately after the activity and disposed of appropriately off site.

17. No damage to property

17.1. The Organiser shall ensure that all wildlife, vegetation, turf, streetlights, bollards, buildings and other facilities are not damaged or unduly disturbed at any time during the activity or any set up or pack down period associated with it.

17.2. The Organiser shall ensure that nothing is fixed, hung or otherwise attached to any features of the park, reserve, square, street or facility (e.g. trees, street furniture, lamp-posts, band rotundas, etc.) without the prior consent of Wellington City Council.

17.3. The Organiser shall ensure that nothing is applied (e.g. chalk, paint or any other marking substance) to any surface (e.g. fences, pillars, paving, roads etc) without prior approval of the City Events.

17.4. If ground penetrating spikes or pegs are to be used this must be done in consultation with City Events staff so as not to damage any underground utilities such as irrigation pipes.

17.5. Any damage associated with the Event will be remedied at the Organisers cost. Any damage must be reported to City Events within 24 hours.

17.6. The Organiser may be required to pay to Wellington City Council a bond if considered by City Events to be appropriate. The amount of any such bond will be advised on submission of the Event Request Form. The purpose of the bond shall be to cover the costs of any breach of these conditions and also repairing any damage and undertaking any clean up work. Any costs which are in excess of the bond will be met by the Organiser as set out in 17.5 above.

17.7. The Organiser indemnifies the Council against each liability, expense, loss, cost, claim or damage (including legal fees on a solicitor and client basis) incurred by the council which arises directly or indirectly from the negligence, wilful act or omission or breach of theses conditions by the Organiser or its employees, agents, subcontractors, advisers or members of the public attending this Event.

18. Limitation of liability

The Council shall not be liable for any loss of profit, loss of use, loss of contracts, or any other direct, indirect or consequential damage which may be suffered by members of the public, businesses or companies as a result of the Organiser’s conduct.

19. Documentation

The Organiser shall ensure that copies of the event permit and hazard and risk management plan are available at all times during the Event and any set up or pack down period associated with it.

Parks, reserves, squares and Council car parks

20. Closing venues

Wellington City Council authorised officers may close venues at their discretion.

21. Occupation of venues 

21.1. The issue of an event permit generally grants the Organiser only prioritised rather than exclusive use of the public venue space. Exclusive use of venue space requires prior written permission.

21.2. ‘Pack in’ and ‘pack out’ activity should be restricted to the day of the Event and prior written permission is required if this can’t be achieved.

21.3. Overnight occupation of Wellington City Council sites is not permitted except in exceptional circumstances. Such occupation will require prior written permission.

22. Vehicle use 

22.1. The Organiser shall not allow any vehicular use on parks, reserves squares or event spaces without the prior written consent of City Events.

22.2. Vehicle access is granted primarily for the purpose of pack-in and pack-out. Only essential vehicles will be permitted to remain on site.

22.3. Parking for Event staff and associated vehicles is the responsibility of the Organiser and is not permitted on Event space.

22.4. All vehicles must travel at no more than 5kmph (walking pace) and with hazard lights operating.

22.5. Vehicles accessing Civic Square or any other ‘high use pedestrian traffic area’ must be accompanied by a walking escort (spotter) wearing a ‘hi vis’ vest.

22.6. All reversing vehicles must use a spotter to guide them.

22.7. All vehicles must comply with applicable weight limits. These are available on request.

22.8. All vehicles (including forklifts) must be driven by an appropriately, fully licensed, driver.

22.9. Vehicle access will be facilitated by issue of a key and/or remote and/or swipe card and/or pin code. (please refer to condition 32 below)

22.10. to keep the public pedestrian spaces that you are working in safe, bollards, gates, chains etc that are ‘unlocked’ to provide vehicle access should remain in the closed (restricted access position) whenever not actually in use.

23. Smoke-free areas

All Wellington City Council Sports Parks, Skate Parks and Playgrounds, Bus Stops, Civic Square, Botanical Gardens, Waitangi Park, Council housing, Council operated community centres, pools, recreation centres, building entrances, and designated council laneways are Smoke-Free areas and the Organiser must ensure event workers and participants comply with this bylaw.

Streets and parking

24. Road closures and/or traffic control

24.1. The Organiser shall apply for any necessary road closure, traffic control or parking restriction authorisations in writing at least eight (8) weeks prior to the activity.

24.2. The Organiser shall provide to Wellington City Council a professional traffic management plan drafted by a qualified company at least six (6) weeks prior to the activity. The traffic management plan shall include the location of all relevant structures, equipment, facilities, assembly areas, Event areas and other facilities, including (without limitation) advisory and other signs, cones, marshals, vehicles, parking restrictions, road closure details and access for the disabled, emergency vehicles and to public transport. The Organiser’s traffic management plan must also conform to the requirements of the New Zealand Transport code of practice for temporary traffic management.

24.3. Wellington City Council and the Police may require further details to be included in any traffic management plan, which shall be provided as soon as practicable after any such request.

24.4. The Organiser shall be liable for the costs of the public notices to advertise any closure of roads associated with the activity.

25. Traffic control measures

The Organiser shall ensure all appropriate barricades, cones and signs are provided and placed in accordance with the Traffic Management Plan. Such barriers, cones and signs shall be removed immediately after the activity in accordance with the event permit.

26. Buses

The Organiser, via their chosen traffic management company, shall contact and consult with the Wellington Regional Council and Go Wellington at least six (6) weeks prior to the activity concerning any necessary re-routing of buses or relocation of bus stops or if a Traffic Management Plan is in place which may affect public transport.

27. Marshals

The Organiser shall provide suitably trained, briefed and identifiable marshals to the satisfaction of Wellington City Council and NZ Police.

28. Parking

The Organiser shall obtain any necessary parking permits for the Event at least one (1) week prior to the Event. In relation to any parking restrictions the Organiser must apply at least six (6) weeks prior to the Event.

Air activities 

29. Liaison with Civil Aviation

The Organiser must comply with any applicable Civil Aviation Rule but in any case must make contact and consult with the Civil Aviation Authority at least one (1) week prior to the activity in relation to the use of aircraft. The Organiser shall comply with any directions, instructions or advice issued by the Civil Aviation Authority ph. 04 560 9400, email info@caa.govt.nz. Drones may only be used with permission, and in accordance with AirShare rules.

Charges, keys, cancellations, fundraising and special conditions

30. Charges

The Organiser may be required to pay to Wellington City Council a permit fee, if considered by the Wellington City Council to be appropriate. The amount of any such fee will be advised on submission of the event request form.

31. Other fees and charges

The Organiser shall be responsible for any fees, service and supply charges associated with the Event as advised by City Events. These fees are payable in respect of any certificate, authority, approval, consent or service given or inspection made by Wellington City Council or any department, service, agent or an organisation controlled by Wellington City Council.

32. Keys, remotes, access cards and pin codes (“keys”)

Any keys issued to the Organiser shall remain the responsibility of the Organiser at all times and the use of keys must not be extended to any third party other than for the purpose of allowing legitimate activity associated with the Event. The keys must be returned to Wellington City Council main reception at 101 Wakefield Street by the end of the first business day following the Event. Replacement of lost or damaged keys will be at the Organisers cost.

33. Cancellation 

Wellington City Council may charge a cancellation fee if the Organiser cancels a booking within four (4) weeks prior to the commencement of the Event or if the Organiser fails to notify City Events of any cancellation. The cancellation fee will be calculated at 50% of the total permit fee or if it is more than four (4) weeks out from the Event an administration fee of not more than $50.00 will be applicable. If the Event is cancelled due to bad weather there will be no cancellation fee. If the permit fee has been waived cancellation fees will not apply.

34. Special conditions

The Organiser will be advised of any special conditions associated with the nature of the activity prior to the activity taking place and these will be indicated on the event permit.

35. Fundraising 

Overt ‘direct fundraising’ such as bucket rattling is not permitted. Direct ‘passive fundraising’ is permitted only with prior written approval. Indirect fundraising such as sponsorship or website driven contributions are acceptable.