Notice Type
Departmental
Notice Title

Notice of Other Agreements to Occupy School Land or Buildings

Pursuant to section 163 of the Education and Training Act 2020, and acting under a delegation from the Secretary for Education, I hereby give the following notice:

Notice

  1. That boards of trustees of New Zealand State and State Integrated Schools may enter into agreements (other than a lease or licence granted under section 162 of the Education and Training Act 2020) to allow third party use of school land, buildings and facilities.
  2. The type of agreement approved for use under this notice and setting out the terms and conditions of such use and occupancy is the Ministry of Education’s current standard casual use agreement for non-exclusive use of the property which must be used without any variations.
  3. The casual use agreement under this notice is short term or intermittent use of facilities and the use and occupancy must bring an educational benefit or serve a community purpose and have no educational disadvantage for the school.
  4. The type of occupant or occupancy is:
    1. The occupant is a licenced Out of School Care and Recreation (OSCAR) provider under Social Security (Childcare Assistance) Regulations 2004, providing before and/or after school care, and/or holiday programmes; or
    2. The term is 6 weeks or less, and the hours of use will be less than 36 hours per week; or
      For example, music festivals, construction of easements or connecting into water services.
    3. The term is 7 weeks or more, and the hours of use will be less than 15 hours per week; or
      For example, after school tuition clubs (music, sports, arts), weekend use by sports clubs, churches, markets, coffee carts, playgroups.
    4. The agreement is for the purpose of storing equipment.
      For example, Civil Defence cabinets, local authority emergency water tanks, temporary storage of building materials for a neighbour.

Revocation

This notice revokes the following notice:

1. Notice of Other Agreements to Occupy School Land or Buildings (New Zealand Gazette, 6 September 2012, No. 110, page 3151).

Dated at Wellington this 11th day of June 2024.

BRIAN MITCHELL, Group Manager National Property Services, Ministry of Education.