Filming in public open spaces - general terms and conditions
Before applying online for approval to film on public open space that is owned, administered and/or controlled by Ōpōtiki District Council (including parks, reserves, roads, streets and footpaths) please read the following terms and conditions.
|General terms and conditions for filming|
1. Schedule changes
The filming organiser shall advise council 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 film approval.
The filming organiser shall, at the filming organiser's expense, obtain all appropriate licences (e.g. building permits, special effects, temporary structures and marquees) prior to the activity.
The filming organiser shall obtain any necessary parking permits prior to the activity. In addition, the filming organiser shall consult with council prior to the activity in relation to any parking restrictions or parking controls for the activity.
4. Resident and business notification
The filming organiser shall inform residents and businesses in the area affected by the activity at least 48 hours prior to the activity. Such information shall at least include a flyer delivered to each house or business in the affected area. A draft of this flyer shall be provided to council for approval prior to its distribution. Information to include:- the name of the activity- the name of the filming organiser- the general nature of the activity- the duration of the activity including set up and pack down periods- the filming organiser's contact details before and on the day of filming (including mobile telephone numbers)- contact details for council.
5. Site access
The site remains public property at all times, unless otherwise approved by council. The filming organiser must ensure that:- access and egress for residents, businesses and emergency vehicles is available to and from the site at all times;- the public is not unduly inconvenienced; and- public and private access ways are kept clear at all times.
No vehicles are permitted on grass areas on the site unless prior written permission is obtained from council.
The filming organiser must maintain and keep in force for the duration of the pack in, filming activity and pack out, adequate public liability insurance cover (minimum policy limit of $1 million) with a reputable insurer. The filming organiser must provide council with proof of such public liability cover, including details of the insurer, any relevant exclusions and the amount of cover prior to the commencement of the filming activity.
7. Health and safety (Please provide Council with a copy of Health and Safety Plan with any site specific amendments or additions)
The filming organiser must ensure, as far as is reasonably practicable, that the site and the filming activity, including anything arising from the site or the filming activity, are without risks to the health and safety of any persons. The filming organiser must provide council with a risk control plan specific to the filming prior to the filming date.
The filming organiser must ensure, as far as is reasonably practicable, that the health and safety of any:- workers involved in carrying out the filming activity;- workers whose activities in carrying out work are influenced or directed by the filming organiser; and- other person;is not put at risk from carrying out the filming activity.The filming organiser must:- keep a record of all deaths, injuries, illnesses and notifiable incidents which are required by law to be notified (Notifiable Event) to WorkSafe New Zealand for at least five years from the date on which notice of the relevant event is given to the public authority;- as soon as possible after becoming aware that a Notifiable Event arising out of the filming activity has occurred, ensure that WorkSafe New Zealand is notified of the Notifiable Event; and- as far as the site at which any Notifiable Event has occurred is under the filming organiser's management or control, take all reasonable steps to ensure that the site where the Notifiable Event occurred is not disturbed until authorised by WorkSafe New Zealand.Following any Notifiable Event the filming organiser must:- provide council with a copy of any information or notice which the filming organiser is required to provide or make to WorkSafe New Zealand relating to that Notifiable Event;- provide council with a report giving complete details, including results of investigations, into the cause of the Notifiable Event and any recommendations or strategies for prevention of any similar Notifiable Event in the future; and- provide council with such assistance as may be reasonably necessary to conduct a Notifiable Event, incident or accident investigation.The filming organiser must, so far as is reasonably practicable, co-ordinate, consult and co-operate with all other duty-holders in relation to the filming activity, including council.
Additionally, film crew are to comply with the Code of Practice for Safety and Health in the New Zealand Film and Video Production Industry and the Code of Practice for the Engagement of Crew as outlined in The Blue Book.
In consideration of the grant of approval to use Ōpōtiki District Council's facilities for the activity, the filming organiser shall indemnify the asset owner against all costs, losses, claims, liabilities, proceedings, damages and expenses incurred and any loss or damage suffered arising by reason of, or in connection with, the filming organiser's breach or non-performance of any obligations under any of these conditions.
The filming organiser will comply with permitted noise levels as set out in the Ōpōtiki District Plan. The filming organiser may be required to consult with the environmental health officer, Ōpōtiki District Council prior to the activity. If sustainable noise complaints are received the noise level will be required to be turned down.
10. Compliance with legislation
The filming approval provides the filming organiser with limited permission to occupy public land for the purposes approved. The filming organiser is responsible for ensuring that all activities comply with the requirements of Ōpōtiki District Council's district plan and various bylaws and policies. In particular, the filming organiser should be aware of laws relating to public places.
11. Compliance with directions
The filming organiser shall ensure that all participants comply immediately with any instructions or directions issued by NZ Police or Council representatives in the execution of their duties.
12. Responsibility for equipment
The filming organiser must provide, place and remove all temporary structures, road markings, signs, rubbish bins, toilets, equipment, props or other structures or devices associated with the filming activity. Removal of such equipment shall take place immediately after the filming activity. All equipment and structures used must be in good, safe working order.
13. Responsibility for clean up
The filming organiser shall ensure that any area associated with the activity is left in a clean and tidy condition, including surrounding streets. The removal and disposal of all rubbish shall take place immediately after the activity.
14. No damage to property
The organiser shall ensure that all wildlife, stock, vegetation, furniture, fences, 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.
15. No fixtures
The filming organiser must ensure that nothing is fixed, hung or otherwise attached to any features of the site (e.g. trees, signs, furniture, rotundas, lamp posts) without the prior written consent of council.
16. Beach and coastal areas
If the filming activity is taking place on or near a beach or coastal area, the filming organiser must ensure that:- only formal council beach access ways are used;- coastal plants are not trampled or damaged in any way; and- people stay out of formally roped off areas to prevent damage to vegetation and erosion of dunes.
The filming organiser must monitor compliance with the above requirements and protect the dunes at all times from adverse effects of the filming activity.
17. On water or below high tide line The film organiser must obtain written approval from Bay of Plenty Regional Council for any on water filming or use of land below the high tide line that form part of the filming activity.
18. Road closures
The filming organiser shall apply for any necessary road closure authorisations in writing with adequate timeframes prior to the filming activity.
19. Traffic management plan
If required, the filming organiser shall provide a traffic plan drafted by an adequately qualified site traffic management supervisor (STMS) within adequate timeframes prior to the filming activity. The traffic management plan must include the location of all relevant structures, equipment, facilities, assembly areas, filming areas and other facilities, including (without limitation) signs, cones, marshals, vehicles, parking restrictions, road closure details and access for the disabled, emergency vehicles and public transport. Council and the NZ Police may require further details to be included in the traffic management plan. Further details must be provided as soon as practicable after any such request.
If required, the filming organiser shall provide suitably qualified and identifiable marshals to the satisfaction of NZ Police and council.
Charges and cancellations
21. Fees and charges
The filming organiser is responsible for payment of any and all fees, charges and/or service and supply charges associated with the filming activity, as advised by council. Filming cannot proceed unless all applicable charges have been paid.
The filming organiser may be required to provide council with a bond prior to filming commencing. The amount of the bond will be determined by council, in its absolute discretion. A bond is in addition to any other fees or charges payable in relation to the filming activity. If the filming organiser breaches or fails to properly perform its obligations under these terms and conditions or any special conditions, the bond will be forfeited and council may use the bond to cover any costs associated with the breach or failure, repair of any damage and/or additional cleaning required following the filming activity. If such costs are greater than the bond taken, council will on charge the costs to the filming organiser.
If the filming activity is cancelled by the filming organiser, the filming organiser must notify council in writing as soon as possible. Council reserves the right to cancel the filming activity for any reason it sees fit, at any time, and without any prior notice.
24. Special conditions
The filming organiser will be advised of any special conditions associated with the nature of the activity prior to the activity taking place. They agree to comply with any special conditions applicable to the filming activity. Where there is an inconsistency between these general terms and conditions and any special conditions, the special conditions will prevail to the extent of the inconsistency.
25. Breach of conditions
The filming organiser acknowledges that a breach of any of these terms and conditions or special conditions, may result in:- forfeit of all or part of the bond (if any);- closure of the filming activity;- refusal to accept future bookings from the filming organiser; and/or- the filming organiser being liable for any extra costs incurred.
In the event of any dispute arising as to the meaning of any of these terms and conditions, or between the filming organiser and the council, the parties will use their best endeavours to resolve the dispute. A party must notify the other if it considers a matter is in dispute and the parties' senior managers will attempt to resolve the dispute through direct negotiation. If the dispute is not resolved within 10 business days of notification, the parties will refer the dispute to mediation or some other form of alternative dispute resolution. Each party will pay its own costs of mediation or alternative dispute resolution.
27. No waiver
No waiver or any breach, or failure to enforce any provision of these terms and conditions at any time by council will in any way effect, limit or waive council's right to enforce and compel strict compliance with the provisions of these terms and conditions.