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Licence To Occupy for New Zealand

Licence To Occupy Template for New Zealand

A License to Occupy is a legal document used in New Zealand that grants a licensee the right to occupy and use a specific space without creating a traditional landlord-tenant relationship or an interest in land. This document outlines the terms and conditions of occupation, including rights, responsibilities, fees, duration, and termination provisions, while complying with New Zealand property law and contractual requirements. It provides flexibility for both parties while maintaining clear boundaries and obligations, making it particularly suitable for temporary or specific-purpose occupancy arrangements.

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What is a Licence To Occupy?

The License to Occupy is a fundamental document in New Zealand property law that provides a flexible alternative to traditional lease arrangements. It is commonly used when a property owner wants to grant occupation rights while retaining significant control over the property, or when temporary or specific-purpose occupation is required. This document type is particularly relevant in situations such as commercial hot-desking, community facilities, educational institutions, or temporary accommodation arrangements. The agreement typically includes detailed provisions about the permitted use of the space, payment terms, duration, and termination rights, while ensuring compliance with New Zealand legislation including the Property Law Act 2007 and Contract and Commercial Law Act 2017. The License to Occupy is distinct from a lease as it creates a personal right to occupy rather than an interest in land, offering greater flexibility for both parties while maintaining clear legal boundaries.

What sections should be included in a Licence To Occupy?

1. Parties: Identification of the licensor (property owner/manager) and licensee (occupier), including full legal names and addresses

2. Background: Context of the agreement, nature of the occupation right, and confirmation this is a license not a lease

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of License: Specific details of the occupation right being granted, including the designated area and any restrictions

5. Term: Duration of the license, including start date and end date if fixed-term

6. License Fee: Amount payable, payment frequency, payment methods, and review mechanisms

7. Rights and Obligations of the Licensee: Specific responsibilities and restrictions on the licensee's use of the space

8. Rights and Obligations of the Licensor: Licensor's responsibilities including maintenance, access, and service provisions

9. Utilities and Outgoings: Responsibility for payment of utilities, rates, and other ongoing costs

10. Insurance: Insurance requirements for both parties

11. Health and Safety: Compliance with health and safety regulations and specific requirements

12. Termination: Grounds for termination, notice periods, and consequences of termination

13. Default and Remedies: Consequences of breach and available remedies for either party

14. General Provisions: Standard clauses including notices, governing law, and dispute resolution

What sections are optional to include in a Licence To Occupy?

1. Shared Facilities: Required when the license includes access to common areas or shared facilities

2. Services: Used when additional services are provided (e.g., cleaning, maintenance, internet)

3. Fit-out and Alterations: Needed when the licensee is permitted to make modifications to the space

4. Security Deposit: Include when a security deposit or bond is required

5. Quiet Enjoyment: Optional clause guaranteeing peaceful occupation, often included in residential contexts

6. Assignment and Sublicensing: Required when addressing whether the licensee can transfer rights or allow others to use the space

7. Force Majeure: Include when specific provisions for unforeseen circumstances are needed

8. Environmental Obligations: Required when specific environmental compliance or sustainability requirements apply

What schedules should be included in a Licence To Occupy?

1. Schedule 1 - Licensed Area: Detailed description of the licensed area, including plans, measurements, and photographs

2. Schedule 2 - License Fee and Payment Terms: Detailed breakdown of fees, payment dates, and review mechanisms

3. Schedule 3 - Condition Report: Detailed report of the condition of the licensed area at commencement

4. Schedule 4 - House Rules: Specific rules and regulations governing the use of the licensed area and any shared facilities

5. Schedule 5 - Services Specification: Detailed description of any services provided as part of the license

6. Schedule 6 - Fit-out Specifications: Details of any approved modifications or fit-out requirements

7. Appendix A - Plan of Licensed Area: Floor plans or site maps clearly showing the licensed area

8. Appendix B - Photographic Schedule: Photographs documenting the condition of the licensed area at commencement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Licensing Agreement

Cost

Free to use
Relevant legal definitions































Clauses



































Relevant Industries

Commercial Real Estate

Residential Property

Education

Healthcare

Retail

Hospitality

Coworking Spaces

Community Services

Retirement Living

Religious Organizations

Sports and Recreation

Government and Public Sector

Relevant Teams

Legal

Property Management

Operations

Facilities Management

Risk and Compliance

Corporate Services

Administration

Real Estate

Asset Management

Space Planning

Relevant Roles

Property Manager

Facility Manager

Legal Counsel

Operations Manager

Real Estate Manager

Community Center Manager

Building Administrator

Compliance Officer

Contract Administrator

Asset Manager

Space Planning Manager

Property Development Manager

Risk Manager

Corporate Services Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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