that is beneficially owned by—

that is situated—

any tangible property that is the subject of a contract of insurance for accidental loss or damage, except as provided in clause 9:

jewellery, precious stones, furs, precious metals, and bullion, other than as part of any equipment or ceremonial chains of office:

motor vehicles and aircraft of any kind, and accessories contained in them or on them (except mowers, tractors, and mobile equipment of any description used exclusively in or around a school):

standing timber and growing crops:

livestock:

land and buildings:

any tangible property that is at a school for the purposes of display or demonstration.

war, invasion, act of foreign enemy, warlike operations (whether or not war is declared), civil war, mutiny, rebellion, revolution, insurrection, or military or usurped power, except that this clause does not apply to loss or damage caused by acts of terrorism or sabotage providing the acts are not committed in time of war by any agent acting in connection with any operation of armed forces of a government or sovereign power:

confiscation, requisition, or destruction of, or damage to, property by order of the Government or a local authority unless the order is given for the purpose of averting or limiting loss or damage in respect of which indemnity is provided under this Deed:

nuclear weapons material:

ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel (and, for the purpose of this clause, combustion includes any self-sustaining process of nuclear fission):

exposure to weather conditions unless reasonable precautions have been taken to protect the property from those conditions:

subject to clause 4.2, fumes, dust, smoke, or smuts:

subject to clause 4.2, normal working, normal maintenance, wear and tear, erosion, corrosion, or slowly developing deformation or distortion:

subject to clause 4.2, action of micro-organisms or insects:

subject to clause 4.2, the nature of the property (including shrinkage, evaporation, loss of weight, or change in flavour or colour or texture or finish) or exposure to light:

subject to clause 4.2, pollution or contamination:

mechanical, electrical, electronic, or other internal breakdown of machinery, plant, or equipment (and, for the purposes of this clause, machinery, plant, or equipment does not include electronic data processing hardware or software; and internal breakdown means a failure due solely to internal stress or fault, the failure not being caused by an event external to the affected machinery, plant, or equipment).

the cost of removal of persons and property to and from, and the rent or any payment in relation to, any temporary or other premises:

any expenses incurred in removing, installing, and hiring furniture, fixtures, fittings, and equipment required to render the premises suitable for occupation by the school:

costs in respect of additional employees or transportation of employees:

costs incurred in recreating, reassembling, or reconstituting any information contained in, or data stored on, any teaching materials, deeds, documents, plans, drawings, specifications, valuations, card indexes, or books of account, computer system records, or any documents or records of a similar nature:

additional expenditure incurred for the purpose of avoiding or diminishing a reduction in rental or hire income and for resuming and for maintaining normal educational operations:

subject to clause 9, any losses arising from accidental loss or damage to any electricity station or substation or power lines, gas works or natural gas works, or water works or treatment plants that is the tangible property of any supplier from whom the participating school Board obtains electric current, gas, natural gas, water, or any supplies or services of whatever nature within New Zealand.

the cost of repairing or replacing faulty materials:

the cost of putting right faulty workmanship:

the cost of putting right work performed to a faulty or defective design plan or design specification:

the cost of putting right faulty or defective work if the fault or defect results from error or omission in design plan or design specifications.

the loss or damage is due to errors in receiving or paying out money; or

at the time of the loss or damage, the money was entrusted to any person other than a professional money carrier, the participating school Board, or any of the owner’s employees or authorised agents; or

the loss or damage is due to clerical or accounting errors.

$15,000 (which is to be reduced by the amount of any applicable deductible) if the money could not be immediately banked during any school fair or other educational activity because banking facilities were unavailable; or

$5,000 (which is to be reduced by the amount of any applicable deductible) in any other case.

loss of, or damage to, property while stored in refrigerated cabinets, chambers, coolstores, or refrigerated open display units by deterioration, putrefaction, or contamination due to, and caused solely by,—

loss of, or damage to, any refrigerated cabinet, chamber, coolstore, or refrigerated open display unit consequent on an event for which indemnity is provided in terms of clause 8.1.1. That refrigerated cabinet, chamber, coolstore, or refrigerated open display unit is to be deemed to have suffered damage if, subsequent to an event in clause 8.1.1, that property cannot be used for the storage of refrigerated goods.

radio, television, audio, computer, and other electronic equipment of every description:

vacuum tubes and thermionic valves:

flexible or trailing leads from the point of permanent electric supply to any apparatus:

lighting or heating elements, fuses, or protective devices:

switchboards and electrical reticulation:

any electrical motor or starter that individually exceeds 3.75 Kw (5 hp).

take prompt steps to minimise the loss or damage:

take reasonable steps to protect the property from further loss or damage:

immediately notify the administrator:

if a criminal act is suspected, inform the police:

immediately (and in any event not more than 30 days after becoming so aware) submit full particulars of the claim in writing to the administrator in a form acceptable to the administrator:

at the participating school Board’s expense, provide the administrator with any reasonably required proof and information in respect of the claim, including, but not limited to, any register of assets or similar record maintained by the participating school Board.

payment of the cost of restoration of the property to a condition substantially the same as, but not better or more extensive than, its condition at the time of the damage; or

if restoration under clause 14.1.1 is not practicable, replacement of the property with property of equivalent age and condition and that performs an equivalent function to the property; or

if replacement under either clauses 14.1.1 or 14.1.2 is not practicable, replacement of the property with new property that, in all material respects, is the same as, and not better than, the property; or

if restoration or replacement under any of clauses 14.1.1 to 14.1.3 is not practicable, payment of the cost of replacement of the property in accordance with clause 14.1.2 or its indemnity value.

payment of the market value of the property at the time immediately before its loss or damage if that property is, in the Crown’s view, obsolete or superfluous to the requirements of the participating school Board; or

replacement of the property with property performing an equivalent function if, in the Crown’s view, the property is unusually expensive, having regard to the cost of the property performing an equivalent function, or to the resources of participating school Boards generally.

the sum of $500; and

the total of $250 for each additional claim by the participating school Board after the first such claim, less $250 for each consecutive claim-free period, the first of which commences immediately after the date of the event in respect of which the last claim was made by the participating school Board (and, for the purposes of this clause, claim means a claim for indemnity under this Deed or under a deed in similar terms to this Deed entered into by the Crown on or after 29 May 1991; and claim-free period means a full period of 12 months during which no event occurs in respect of which a claim is made by the participating school Board).

in relation to disposal of debris and return of property, all reasonable costs actually incurred in the necessary disposal of debris (being formerly part of the property), and the recovery, removal, storage, and return of property, whether damaged or undamaged, following loss of, or damage to, any of the property:

in relation to protection, all reasonable costs and expenses incurred by the participating school Board in protecting (or any bona fide attempt to protect) property, on the occurrence of any event causing loss of, or damage to, that or other property, from loss or damage by any cause occurring in the proximity of the property (and, for the purposes of this clause, expenses includes the cost of reimbursing, repairing, or replacing any loss of, or damage to, property, or use or refilling of any plant or equipment (whether or not being property of the participating school Board), incurred or suffered in an attempt to protect the property):

in relation to unharmed property, all reasonable costs actually incurred in the demolition, damaging, removal, and subsequent reinstatement of otherwise unharmed property necessary to enable reinstatement of any property following its damage (and, in this clause, costs includes the costs of additional work necessary to comply with any Act, regulations, or bylaws, expenses reasonably incurred to avoid or diminish damage to the property by storage or by other means, and expenses reasonably incurred by the participating school Board in the removal of damaged and undamaged property following loss of, or damage to, the property):

in relation to temporary repairs, all reasonable costs incurred for temporary repairs and other measures necessary to secure the property or to make it safe or suitable for continued use following its damage.

costs and expenses (including legal fees and costs) incurred by the participating school Board for the preparation, presentation, negotiation, certification, and justification of claims in respect of which a payment is made by, or claimed from, the Crown under this Deed, including salaries, wages, overheads, and other expenses relating to the participating school Board’s employees:

costs of express freight and overtime labour incurred for the purpose of expediting the restoration or replacement of any property:

any professional fees, including engineering, surveying, and clerk of works fees, salaries, and other costs and expenses incurred in relation to property.

enter any building where the loss or damage has occurred, and take and keep possession of the damaged property:

deal with the salvage in any reasonable manner.

extend the term referred to in clause 2:

amend any other provision of this Deed in respect of all or any participating school Boards after giving at least 1 month’s written notice to every participating school Board affected:

terminate this Deed after giving at least 2 months’ written notice to every participating school Board.

the Crown, the Government, any Government corporation, any quasi-Government organisation, any local authority, any oil company, any lift maintenance engineer, any approved fire protection, any installation or service company, any warehouse or storage operator, or any signatories to a lease or mortgage; or

any other party if that agreement is declared to, and agreed by, the administrator from time to time.