1.1 Definitions: In this deed, unless the context otherwise requires:
ACA means the Auckland Cricket Association Incorporated or its successors;
ARU means the Auckland Rugby Football Union Incorporated or its successors;
Consumer Price Index means the Consumer Price Index provided by Statistics New Zealand;
Crown means Her Majesty The Queen In Right Of New Zealand acting by and through her Minister of Sport;
Eden Park means the multi-purpose sporting and cultural venue located on the Primary Land, together with such other lands from time to time comprised in the Trust Assets and the grandstands, buildings, structures, fences, and appointments from time to time within, upon, or about such lands;
GST means goods and services tax charged under the Goods and Services Tax Act 1985 and any tax imposed in substitution for that tax;
Financial Year means the period referred to in clause 15.1;
Force Majeure Event means any major event or circumstance beyond the control of the Trustees which could potentially jeopardise the solvency of Eden Park including any:
(d) terrorist act, blockade, revolution, riot, insurrection, civil commotion or public demonstration (other than one caused by the Trustees); or
but does not include any event or circumstance which could have been avoided by the Trustees exercising a reasonable standard of care, having regard to the Trustees' obligations under this deed;
ICC means the International Cricket Council;
IRB means the International Rugby Board;
Main Ground means the easternmost playing area and includes all surrounding grandstands and other spectator facilities and all associated player and media facilities;
Major Transaction means any transaction, undertaking agreement or arrangement that has or is likely to have the effect of the Trustees acquiring or disposing of assets, rights or interests, or incurring obligations or liabilities the value of which is more than 10% of the value of the Trust Assets at that time;
No. 2 Ground means the outer and westernmost playing area and includes all surrounding grandstands and other spectator facilities and all associated player and media facilities;
Objects means the objects of the Trust as set out at clause 4.1;
Permanent Associated Facilities means the office space and associated technology infrastructure for ACA executive, staff and management, six portable pitch trays, the ACA High Performance Centre and the outdoor turf net training centre and associated car parking;
Preferential Use Right means the first right to use the relevant part of the Trust Assets over the period specified within this deed unless written confirmation has been given by the right holder to the Trust in accordance with clause 6.6(c) that a booking may be accepted from another party;
Primary Land means all that parcel of land more particularly described in the Schedule to this deed;
Region means The Auckland Region constituted by clause 4 of the Local Government (Auckland Region) Reorganisation Order 1989;
Related Party means:
(e) any company, partnership, trust, or other entity in which a Trustee or any spouse or partner (as defined in the Property (Relationships) Act 1976) or child of a Trustee is financially interested, whether as a shareholder, partner, director, employee, beneficiary or otherwise;
Seasonal Associated Facilities means the player and lounge facilities in the West Stand on the No. 2 Ground, the Cricket Society Lounge and Grandstand, the electronic Score Board, the Indoor School Grandstand including the spectator facilities on the Western side of the West Stand and the associated car parking;
Special Resolution means a resolution of Trustees passed at a meeting of Trustees at which not less than three quarters of the Trustees present and entitled to vote, vote in favour of the resolution provided that where a body has the power to appoint two or more Trustees, the quorum must include at least one Trustee appointed by that body;
Trust means the trust the subject of this deed known as The Eden Park Trust, and includes any subsidiary company or other controlled entity of the Trust;
Trust Assets means all money, investments, property and assets, and leases of property and assets, from time to time owned or beneficially held by the Trust and, unless inconsistent with the context, the income from such assets;
Trustees means the trustees of the Trust from time to time;
Week means a consecutive period of seven days starting at midnight on a Tuesday and ending at midnight on the following Tuesday;
Working Day means a day other than a Saturday, a Sunday or a statutory holiday in Auckland.