u/SeriousRazzmatazz792

Hi,

I am currently looking at setting up a dog daycare and kennel. I have gone through most of the process and have been given the opportunity to take a council dead of lease for a site that suits. This is in a rural/industrial area and would be taking over an existing building (as well as putting in the actual kennels - which have been approved). So noise and such isn't an issue.

It's your pretty standard council lease - i.e I pay everything, do everything, and they do nothing except come and hassle me at any time they like. I've seen a bunch of these - it's pretty typical. Better than most. But HEAVILY in their favour (they get to keep everything I put in for example).

The main question I have with it is in the description and would like an idea of how to follow up on is the allowed activity, which is listed simply as "Dog Kennel."

The issue is this doesn't seem to allow for onsite occupation - which is realistically the only way it is viable from both an animal welfare and earnings point of view is to have someone living onsite.

I was aware that there is likely zero chance of putting in any sort of actual permanent residential accommodation onsite as it is both a council lease and an ex-industrial site, and honestly don't want to put something else in that will instantly belong to the council (or I will have to pull down at the end of my lease).

We had assumed that the council understood that such a business would require this, and while perhaps technically not allowed, would mean someone onsite almost 24/7 and overnight (with no need to actually be awake most of the time), so that likely someone would effectively live there requiring suitable accommodation (given the building restriction a portable building/caravan type set-up)

The only place I can see where perhaps they have accounted for this is in a later section:

"Lessee will in undertaking the Permitted Use in accordance with industry best practice, and 

otherwise to the satisfaction of the Lessor."

And while industry best practise would certainly be for someone onsite, there is nothing in particular that actually requires this. (and I honestly don't think the council have thought that far ahead)

Obviously a bunch of questions to put to the council, but as said this really only works with someone living onsite. They have already agreed to the kennel itself, so it would be useful to be able to approach them with some arguments as to why this is acceptable under the lease they have already given me (ideally) or to have it altered so this is clear.

I have chatted with another kennel owner who has a very similar lease and situation (in another area) who has been operating and living onsite in portable buildings who claims the above (identical) best practise clause allows for this - but I suspect its more a matter of the council ignores it/does know.

Thanks for any ideas and help.

Currently in NZ a big chunk of teaching jobs are advertised and booked by an app. Schools pay to sign up (and possibly advertise), and teachers don't. The app requires and checks that the teacher is registered, and then they are able to apply for jobs advertised by schools in the area. Schools create the advertisement, get the applications, and choose who to give it to (presumably after doing their legal requirements in checking them).

Generally speaking it's not a hideous idea. But there has been a pretty clear move towards essentially treating the teachers at the other end as numbers - lots of cases of jobs being cancelled with very short notice (like when they are driving there!), teachers applying for jobs two days prior and only getting chosen a couple of hours before it starts (schools waiting till last minute looking for the prettiest date), and little communication outside of "show up."

Personally I rarely use it, partly for the above reason. But because a lot of schools have got into the habit of advertising long term relief positions on it I pretty much have to have it to be aware of these. This in itself is likely legally questionable - as all teaching jobs have to be widely advertised when they are longer than a certain time, and locally advertised when shorter. I'd debate whether doing so via an app you need to sign up to meets this requirement.

My specific issue is that last week I applied for a position with a school for the next week/last week of term (this week). It was advertised as a full week Mon-Tues-Wed-Thurs-Fri (as it appears in the app) "to get us through to the end of term". Knowing this school has a poor reputation I have used the apps "apply with a condition" function and offered to work the middle three days Wed-Thur-Fri.

The next day (that I had no intention of working having done the night before) I received a "you have been successful" message time stamped two hours prior (6am), and to my surprise a "you have a job today!" notice (I NEVER take morning bookings - you book me the day before or you don't get me). I have been booked for all five days.

I was pretty sure I had the dates correct - with the last day being the 3rd July. But on looking it said the job was in fact for WEN-Thurs - Fri - Mon - TUES (30th)(but showing Mon-Fri). I accepted that maybe I had made a mistake, but there was zero chance of me getting there at that point. I emailed the office and principal immediately (not being able to call at the time), explained that perhaps I had mucked up the dates, and offered to work the remaining days (despite this meaning changing my plans).

I received what can be best described as a "telling off" email in response. They did not accept (or mention) my offer to cover the days I had technically booked. So I responded that it didn't' sound like they needed me, so please cancel the booked days (thinking no wonder they struggle with getting staff, and that I'd prob dodged a bullet). They did not respond to this or my next several emails asking the same.

I then emailed the app company explaining the same. There response was essentially "we are not a relief agency. We just provide an app to share/book the job. We can't do anything. Talk to the school."

Because they did not cancel the bookings. This means that I do not see/receive advertised jobs for these days, nor can I book any thing else. Frankly it seems they have done this just to be petty. This did not affect me last week, as I was busy anyway. So having little motivation to push further just left it. (note that teachers cannot alter or cancel jobs once booked)

However yesterday I checked the app and the school has somehow booked me for the whole week. I have not applied for this (bar the days I THOUGHT I was applying for last week, plus the two I did not). I have not accepted or wanted this. The school has again not responded to emails, and again the app company have given their "not our problem" response.

This creates a few possibles -

- the school changed the dates from the original ones I applied for to the earlier dates (and I was in the right the whole time), and then changed them back.

- the app stuffed it up somehow and booked the wrong dates, and then the "correct" ones also got booked (they weren't booked last week though)

- I did muck up originally, and the school can somehow book me without permission and taking away my ability to see or book any other work (to be petty)

Either way it has resulted in my not having the option to book work for last week, and this week meaning I have been able to make no money (there also may be long term positions being advertised I can not see), and really screwed me for the week.

So where do I stand here?

It seems that they are just being petty - and in doing so have cost me half a weeks work. I currently cannot see or apply for anything, nor is there any action I can take on my end other than asking again (which gets ignored). Unlikely I will be able to book anything else this week even if it could be resolved. But I do intend to keep at this one.

Short version -

I (maybe) mucked up some teaching day dates and could not attend the first day. School did not accept my offer to cover the remaining days which I had not intended to work, but would not cancel them so I was unable to book anything else and refuses to respond. App company says they cannot cancel the days and it's not their issue as they are just an intermediary. School some how then booked additional days without my permission, ensuring that I was unable to book any work for the whole week/rest of term. This seems to either be an app error, or a spiteful action by the school to prevent me from booking work.