19 June 2024
Sent by email: [email address]
Abby Cheeseman
Policy Director
Ministry of Business, Innovation and Employment
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Letter of Agreement: funding for Contribution to Fast-Track Project Advisory Group costs
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I am writing to confirm the Ministry for the Environment’s (the Ministry) financial contribution
of $140,000 to the Ministry of Business, Innovation and Employment (MBIE) toward the cost
of the Fast-Track Projects Advisory Group (Advisory Group) (the Project).
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The Project
The purpose of the Advisory Group is to independently assess and provide
recommendations to Ministers regarding projects that are suitable for listing in the Fast-track
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Approvals Bil (as referred to the Environment Select Committee on 7 March 2024).
The primary deliverable is to provide a report to Ministers which recommends projects that
should be included in the schedule (both lists) in the Bil and why, and what projects should
not be included and why. The detailed scope and timing of the Advisory Group
appointments, as confirmed by Cabinet, is outlined here
The remuneration of Advisory Group members is a daily rate of $1,600 (chair) or $1,200
(members). They are also entitled to be reimbursed for actual and reasonable travel and
other expenses incurred in carrying out their appointment, in accordance with the Cabinet
Fees Framework.
Joint-agency Cost Sharing Agreement
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MBIE and the Ministry have agreed to share the costs of the Advisory Group as below:
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• MBIE wil contribute 40% of Advisory Group member fees, all Advisory Group
travel and accommodation, and procure any expert external advice that is
required by the Advisory Group for their considerations.
• The Ministry wil contribute 60% of Advisory Group member fees.
MBIE and the Ministry have also agreed to share the costs of the Advisory Groups
independent legal advice.
• MBIE wil contribute 50% of the Advisory Groups independent legal advice
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costs.
• The Ministry wil contribute 50% of the Advisory Groups independent legal
advice costs.
Refer to the letter of instruction with Jane Mears as Legal Counsel for further information on
the terms.
Funding
MBIE as the Secretariat for the Advisory Group wil directly receive and process the Advisory
Group costs.
The Ministry wil reimburse 60% of the Advisory Group member fees incurred by MBIE.
The Ministry wil reimburse 50% of the Advisory Groups independent legal advice costs
incurred.
MBIE and the Ministry have agreed on a cost estimate of the Advisory Group function of
$140,000 plus GST (Initial Funding).
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MBIE wil promptly provide evidence of costs to the Ministry if the Ministry requests it.
Further Funding
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If at any point during the term of this agreement either party believes that the actual costs of
the Advisory Group are likely to exceed the Initial Funding, MBIE and the Ministry wil discuss
the need for increased funding and agree as early as practicable, and preferably in advance,
any further funding (Further Funding) and a revised total Funding. Any Further Funding wil be
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recorded in writing between the Ministry and MBIE as an amendment to this Agreement.
Term
This Agreement wil take effect once it is signed by each of the parties and wil continue in
force until 30 September 2024 or until earlier terminated by the the parties’ mutual written
agreement. Any underspend of the Funding held by MBIE at the end of the term of this
Agreement shal be repaid to the Ministry.
Use of Funding
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You must only use the funding for the purpose of paying the Advisory Group member fees.
The Ministry may recover any funding that is misappropriated or not spent in accordance
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with this Letter.
Payment
The Ministry wil pay its contribution on the basis of your invoice to
[email address], and the Ministry’s receipt of your signed agreement to this
letter.
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Please return the signed letter to the Ministry. Fol owing receipt of this signed letter, the
Ministry wil confirm (in writing) a reference number shortly following the Ministry’s
processing of this agreement.
Please include the reference number on your invoice and submit the invoice to the Ministry
by 26 June 2024.
The Ministry wil promptly process payment of its contribution as soon as possible but no later
than 20 days of its receipt of a valid tax invoice.
Dispute Resolution
If any dispute arises out of or in connection with this agreement, the parties to this
agreement shal use all reasonable endeavours to resolve it through direct negotiation as
promptly as possible within 15 business days of a party notifying the other party of a dispute.
If parties have not resolved any dispute within 15 business days, either party may refer the
matter to mediation per the mediation rules of the Resolution Institute. The party requesting
mediation must notify the other party in writing. The Chair of the Resolution Institute (or his
or her nominee) shal select the mediator and determine the mediator’s remuneration.
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Each party:
• wil pay its own costs of resolving any dispute;
• wil continue to perform its obligations under this agreement as far as practical given
the nature of the dispute; and
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• agrees not to start any court action in relation to a dispute until it has complied with
the dispute resolution process described above, unless court action is necessary to
preserve a party's rights.
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Next Steps
If the Ministry for Business, Innovation and Employment agrees to this arrangement, please
counter-sign and return a copy of this letter via email as soon as possible.
I look forward to your response.
Yours sincerely
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Ilana Miller
Programme Director, Ministry for the Environment
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Ministry of Business, Innovation & Employment acceptance:
Agreed / Not agreed
Signed by: Abby Cheeseman
Position: Policy Director, MBIE
On (Date): 24/6/24
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