Centres Located on School Sites

ECC POD: Licence to Occupancy

The ECC POD: Licence to Occupy is issued to centres occupying ministry-owned buildings included in a school's POD. Although the ECC POD: Licence to Occupy is an agreement between the board and the ECC, it requires the ministry's approval.

The ECC POD: Licence to Occupy terms include:

• Commencement date
• Initial maximum term to five years with right of renewal to a maximum of an additional five years
• Provision for rent, licence fee and/or administration fee
• Board is funded and responsible for all capital and maintenance costs in the context of their 10 Year Property Plan
• Centre's management is responsible for:
• operating costs including electricity, gas, water supply, rubbish disposal, heating, telephone, grass cutting or cleaning services if separately metered or assessable
• obtaining the consent of the ministry before carrying out any building projects, capital works or structural repairs
• terms for use of the premises
• There is no sub-licensing
• Dispute resolution clause
• Provision for cancellation with two years notice by the board, if the accommodation is required by the ministry. The board cannot serve notice without the consent of the ministry. Ministry consent would only be given where the accommodation is needed because of roll growth at the school and there was no other space in that school or another within the vicinity.
• The terms and conditions cannot be altered without the consent of the ministry.

ECC POD: Lease

The ECC POD: Lease is issued to centres who own the centre building, but the building is located on Crown-owned land included in a school's POD. It is an agreement between the board and the ECC, but requires the approval of the ministry.

The terms and conditions of the ECC POD: Lease include:

• Commencement date
• Annual rental; (a peppercorn rental of $10.00 + GST per annum is charged)
• Centre management is responsible for:
• all ownership responsibilities including capital replacement and upgrading, repairs and maintenance, all costs for complying with any statutory, regulatory, code or bylaw requirements, and all costs incurred by the Secretary in complying with the Building Act 2004
• operating costs including all repairs and maintenance to any buildings or facilities, electricity, gas, water supply, rubbish disposal, heating, telephone, grass cutting or cleaning services if separately metered or assessable, and insurance premiums rates, taxes, and insurance
• obtaining the consent of the Secretary before carrying out any building projects, capital works or structural repairs
• Rights of entry
• Cancellation provisions either by mutual consent or if the centre's management fails to fulfil any of the terms and conditions
• Terms for use of the premises
• There is no sub-leasing
• Term of the lease to be 10 years with a right of renewal for a further 10 years
• Dispute resolution clause