By donating money ('Donation') for the construction of the Waterfront Theatre at Wynyard Quarter donors acknowledge and agree that such Donations will be dealt with in the following manner:

  1. All Donations will be received and held on trust by Auckland Theatre Company Limited ('ATC') to be used for the sole purpose of constructing the Waterfront Theatre. Donations will be held on trust until the board of The Waterfront Theatre Trust resolves to proceed with the construction of the Waterfront Theatre (following satisfaction or waiver or all conditions relating to the construction project), at which time the Donations will be transferred into the control of The Waterfront Theatre Trust, a trust to be established for the purposes of establishing and maintaining the Waterfront Theatre. 
  2. ATC will retain a register of donors that will contain the name and contact details provided by donors at the time of making their Donation. Such information will be held and used by ATC in accordance with its privacy policy, which can be found at the privacy policy.
  3. If the board of ATC is satisfied that the construction of the Waterfront Theatre will not proceed for any reason, all Donations will be refunded by ATC to the registered donor, exclusive of any interest that may have been generated from those Donations while held on trust. Refunds will be made after contacting the donor, via the contact details held in the register of Donors, to determine appropriate refund method. 
  4. ATC will make all reasonable efforts to refund Donations to the respective donors for a period of 12 months from the date that the board of ATC resolves to proceed with the refund of Donations. 
  5. Where ATC in unable to refund any Donation within the 12 month period, such Donation will be given to a charity in New Zealand of its choice (which may include The Theatre Foundation which owns ATC) and ATC will have no further liability to the original donor.