25 May 2026
Ref: DOIA-REQ-0031045
James
Email:
[FYI request #34484 email]
Tēnā koe James
Thank you for your request of 13 April 2026 to the Ministry of Business, Innovation and Employment
(MBIE) requesting, under the Official Information Act 1982 (the Act), the fol owing information:
details of all contracts if any, between MBIE and the Manukau Urban Māori Authority for the
following years: 2020, 2021, 2022, 2023, 2024, 2025.
Any contract noted should include contract dol ar value, length of contract (start and finish date)
and contract name/what is it for.
Please find attached a spreadsheet extract detailing contracts between MBIE and the Manukau Urban
Māori Authority, and copies of those contracts.
Please note some information has been withheld under section 9(2)(a) of the Act, to protect the privacy
of natural persons. I do not consider that the withholding of this information is outweighed by public
interest considerations in making the information available.
If you wish to discuss any aspect of your request or this response, or if you require any further assistance,
please contact
[email address].
You have the right to seek an investigation and review by the Ombudsman of this decision. Information
about how to make a complaint is available a
t www.ombudsman.parliament.nz or freephone 0800 802
602.
Nāku noa, nā
Simon Gallagher
Manager Consumer Services
Business & Consumer
Contracts
TechoOne Contracts module
Contract
101261
105393
102688
107275
Waka Aronui Motor Vehicle
Waka Aronui Motor Vehicle
Waka Aronui Motor Vehicle
MBIE- Waka Aronui MUMA
Description
Social Leasing Scheme
Social Leasing Scheme
Social Leasing Scheme
Funding Agreement
Part funding for a 3 year pilot Part funding for a 3 year pilot Part funding for a 3 year pilot Part funding for a 3 year pilot
delivered by MUMA with
delivered by MUMA with
delivered by MUMA with
delivered by MUMA with
support from Ākina, and
support from Ākina, and
support from Ākina, and
support from Ākina, and
funding from the NZ Transport funding from the NZ Transport funding from the NZ Transport funding from the NZ Transport
Agency, Auckland Council, not Agency, Auckland Council, not Agency, Auckland Council, not Agency, Auckland Council, not
Narrative
for profit, philanthropic
for profit, philanthropic
for profit, philanthropic
for profit, philanthropic
sources. Consumer Protection sources. Consumer Protection sources. Consumer Protection sources. Consumer Protection
involvement is to build
involvement is to build
involvement is to build
involvement is to build
consumer capability in the car consumer capability in the car consumer capability in the car consumer capability in the car
purchasing landscape.
purchasing landscape.
purchasing landscape.
purchasing landscape.
Reference
00017557
00017557
00017198
under the
Manukau Urban Maori
Manukau Urban Maori
Manukau Urban Maori
Manukau Urban Maori
Parties
Authority Incorporated
Authority Incorporated
Authority Incorporated
Authority Incorporated
Contract Officer
Raviena Varmman
Raviena Varmman
Tina Bogaard
Raviena Varmman
Contract Manager
Simon Gallagher
Simon Gallagher
Mark Hollingsworth
Simon Gallagher
Contract Status
Complete
Complete
Complete
Complete
Stage
Complete
Complete
Complete
Complete
Contract Type
Supply Contract
Supply Contract
Supply Contract
Supply Contract
Start Date
29-Nov-2021
14-Jun-2023
06-Dec-2021
01-Mar-2024
End Date
28-Nov-2022
22-Dec-2023
06-Dec-2022
20-Dec-2024
Cost Centre (Contract
Information and Education
userfields for SUPPLY Consumer Protection
Consumer Protection
Digital Engage Toru (MI,
Consumer Protection
Released
contract type)
IPONZ)
Total Contract Value
$ 30,000.00
$ 30,000.00
$ 30,000.00
$ 30,000.00
Limit (GST ex)
Actual spend (GST inc)
$ 34,500.00
$ 34,500.00
$ 34,500.00
Date Paid
10/07/2023
16/12/2021
2/05/2024
Official Information Act 1982
OLD PORTT contracts
Contract Number 14883
17198
17557
Waka Aronui Motor
Waka Aronui Motor
Contract Title
Motor Vehicle Social
Leasing Scheme
Vehicle Social Leasing Vehicle Social Leasing
Scheme
Scheme
Funding Agreement with
MUMA to contribute
towards the information Year 2 project set up
Year 2 funding of a 3-
and education
and service delivery
three social car leasing
Contract
programme for the
funding for social leasing pilot in South Auckland.
Description
Motor Vehicle Social
pilot in South Auckland. MBIE funding partner
Leasing Scheme, to help (Funding shared with
along with Auckland
consumers considering Waka Kotahi NZTA and Council and Waka
buying a car to 'transact Auckland Council).
Kotahi NZTA
with confidence'.
Contract Status
Completed
Terminating
Executed
Memorandum of
Contract Type
Sponsorship (Retired)
Sponsorship (Retired)
Understanding /
Agreement
Contract Start
Date
14/12/2020
6/12/2021
29/11/2021
Contract End Date 13/12/2021
6/12/2022
28/11/2022
Contract Officer
Lofi Talimalo
Lofi Talimalo
Lofi Talimalo
Contract Manager Mark Hollingsworth
Mark Hollingsworth
Simon Gallagher
Customer
Engagement &
Consumer Protection &
Business Unit
Experience
Standards
Business & Consumer
Managing
Engagement &
Consumer Protection &
under the
Business Unit
Experience
Standards
Business & Consumer
Segment Value
(Ex GST)
$27,000.00
$30,000.00
$30,000.00
Segment
Expenditure (Ex $27,000.00
$30,000.00
GST)
Budgeted Amount $27,000.00
$30,000.00
$30,000.00
Organisation
Manukau Urban Maori Manukau Urban Maori Manukau Urban Maori
Authority Incorporated Authority Incorporated Authority Incorporated
Note: OLD Port Contract 14883 total spend was $31,050 (GST inc). Date paid 21 Dec 2020
Released
Official Information Act 1982

under the
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Official Information Act 1982

under the
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Official Information Act 1982

under the
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Official Information Act 1982

under the
Released
Official Information Act 1982

under the
Released
Official Information Act 1982

under the
Released
Official Information Act 1982

under the
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Official Information Act 1982

under the
Released
Official Information Act 1982

under the
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Official Information Act 1982

under the
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Official Information Act 1982

under the
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Official Information Act 1982

under the
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Official Information Act 1982

under the
Released
Official Information Act 1982
FUNDING AGREEMENT
FOR
Motor Vehicle Social Leasing Scheme – Waka Aronui
(Building Financial Resilience)
DATED the 14th
day of June
2023
BETWEEN
The
SOVEREIGN in Right of New Zealand acting by and through Simon Gallagher, National
Manager Consumer Services, the authorised delegate of Te Tumu Whakarae mō Hikina
Whakatutuki, Secretary for Business, Innovation & Employment and the Chief Executive
of the Ministry of Business, Innovation and Employment
(
Ministry or
MBIE)
AND
Manukau Urban Maori Authority Incorporated of 7 Shirley Road, Papatoetoe, Auckland
(“
Recipient”)
BACKGROUND
The Ministry wishes to contribute to the second year of funding for the Motor Vehicle Social Leasing
under the
Scheme pilot (“Waka Aronui”) by providing funding from the appropriation set out in the Details on the
terms set out in this Agreement.
AGREEMENT
The Ministry will pay the Funding to the Recipient, and the Recipient accepts the Funding, on the terms
and conditions set out in Schedule 1 (Details) and Schedule 2 (Funding Agreement Standard Terms and
Conditions).
Released
Signed for and on behalf of
THE
SOVEREIGN in right of New Zealand
by
Simon Gallagher, National
Manager Consumer Services the
authorised delegate of Te Tumu
s 9(2)(a)
Whakarae mō Hikina Whakatutuki,
Official Information Act 1982
Secretary for Business, Innovation &
Employment and the Chief Executive
_________________________
of the Ministry of Business Innovation
Signature
and Employment:
Date: 14 June 2023
s 9(2)(a)
1
Signed for and on behalf of
the
s 9(2)(a)
Manukau Urban Maori Authority
__
__________
Incorporated by
Tania Rangiheuea,
Signature
Chief Executive Officer:
____________________
Tania Rangiheuea ___________
Print Full Name
_____
CEO___________________________
Print Title
Date:_________
15/6/23 _________________
under the
Released
Official Information Act 1982
2
SCHEDULE 1 – DETAILS
1
Context
As part of Consumer Services, the Consumer Protection function has a role to inform and
educate New Zealanders about the process of buying, i.e., what to know before, during and after
purchasing a product or service. This includes outlining consumer rights and tips for making
improved purchase decisions. In particular, Consumer Protection is to ensure that consumers:
• have the information they need to transact with confidence
• are protected from high levels of detriment
• have access to appropriate redress if things go wrong
The Ministry has a primary responsibility to maintain, monitor, evaluate and improve the
consumer regulatory system, but works alongside other government and non-government
agencies and organisations to work towards meeting the above objectives.
A pilot Vehicle Social Leasing Scheme was initiated in 2020 (renamed “Waka Aronui” in 2021)
through the inter-agency work the Ministry does with external organisations and stakeholders,
of which the Recipient is the delivery partner. The Recipient has been in operation for over 37
years and provides specialist wrap-around services to whanau experiencing vulnerability. The
Recipient also offers a range of services and programmes, such as wellbeing interventions,
under the
reintegration solutions and Whānau Ora.
Waka Aronui is a collaboration between the non-profit, philanthropic, commercial, government,
and community sectors in response to the identified need. Along with the Recipient and the
Ministry, the pilot programme partners (previously and currently) include the Ākina Foundation
(Ākina), Auckland Council and Waka Kotahi, the NZ Transport Agency.
Ākina has been supporting the Recipient by leading the overall project management and
reporting for the set up in 2020, and overall annual reporting. This is likely to continue for the
Released
life of the pilot programme. Operational costs have increased since the pilot began, therefore
the Recipient is seeking an increase in extra funding for ongoing years of the pilot.
2.
Appropriation and approval process (Background)
Official Information Act 1982
The Funding contribution is taking from the Consumer Information appropriation, approved by
Simon Gallagher, National Manager Consumer Protection on or before 30 June 2023.
s 9(2)(a)
3
3
Funding (clause 2.1, Schedule 2)
The total amount of the Funding is: $30,000.00 plus GST (if any).
4.
Project (clause 2, Schedule 2)
The Waka Aronui Project takes a holistic approach to reducing common issues associated with
the running costs and maintenance responsibilities of having a car – therefore the model is an
ongoing lease, not a lease to own to avoid the risk of owning the vehicle towards the end of its
useful life and the associated high maintenance costs.
In addition, data will be sought to understand how participants in the programme use the
vehicles, and qualitative feedback will be collected about how being involved in the pilot has
impacted them and their whānau’s wellbeing.
The key aspects of the pilot are as follows:
a) The Recipient acquired a grant from a philanthropic organisation to purchase suitable vehicles
for lease.
b) Applicants to the scheme have been selected using criteria (including licensing status)
established during the detailed development of the pilot model.
under the
c) Successful applicants will make a weekly payment to the Recipient to lease a car.
d) The payment includes:
• use of the car
• annual registration and Warrant of Fitness (WoF)
• vehicle maintenance
• insurance
• ongoing scheme administration by MUMA
Released
e) The Recipient will use the income from the leasing scheme to repay the loan and meet other
associated costs.
The Project will also test the impact of the scheme and refine its operational model and delivery
to maximise its contribution to the anticipated overall benefits of:
• increased financial resilience and relief from high risk, high-cost unethical lending for
Official Information Act 1982
limited income families to help them transact with confidence
• improved vehicle safety by accessing vehicles of acceptable quality, leading to fewer
deaths and serious injuries
• improved environmental outcomes through decreased emissions from vehicles on the
road
Where the opportunity arises during the Project, the Recipient will also ensure that:
s 9(2)(a)
4
• Additional safety benefits such as driver training and incentivised progression through
the licensing system is offered to those who have remained on restricted licenses
• Awareness of restraint-wearing and correct child restraint installation for those who
require it is raised.
5
Project Tasks (clause 2.3(a), Schedule 2)
The Recipient shall undertake the following Project Tasks, including providing the deliverables
(Deliverable) for each Project Task to MBIE, in accordance with the following requirements:
Task/deliverable
Timeframe
Lifetime of the pilot
Be involved in the pilot design, coordination,
and implementation
Design and implement the community
operations model
Facilitate data collection from the participants
Lead programme promotions,
communications, and event management
(where required)
under the
Ongoing over the lifetime of the pilot and
Repay any loans for the vehicles using the
beyond if required
weekly fees paid by the customers of the pilot
Ongoing
Manage and account for all investment, loans
or grants associated with the project /pilot
Manage the delivery of the scheme to Ongoing
customers, which includes managing the
relationship with vehicle users and assessing
their budget to ensure the scheme is
Released
affordable
If required
Resolve frontline issues and manage
payments from customers for the scheme and
repayments to the impact investor(s)
Official Information Act 1982
s 9(2)(a)
5
Manage the entire delivery of the scheme to Ongoing
customers, which includes:
-
Selection process and engagement
-
Onboarding, offboarding, and providing
pastoral care to whānau in the scheme
-
affordability assessment and offering
budgeting advice and support where
necessary
Ongoing
Manage the interactions with the
philanthropic investor/s and the vehicle
supplier
6
Methodology (
clause 2.3(c), Schedule 2)
There are no methodology requirements.
under the
7
Payment terms (clause 2.1, Schedule 2)
In a lump sum payment on or before Friday 30 June 2023, subject to completion of any relevant
Project Tasks to the Ministry’s satisfaction.
8
Commencement Date (clause 1.1, 3.1 Schedule 2)
19 June 2023
Released
9
Completion Date (clause 2.3(b), Schedule 2)
This Agreement shall end on 22 December 2023.
Official Information Act 1982
10
Reporting Requirements (clause 4.1, Schedule 2)
The Recipient will submit the following reporting Deliverables to the Ministry via the National
Manager, Consumer Protection in accordance with the time requirements in clause 5.
Project Task Reporting Deliverable Required content of report
Report
to
be
provided by:
Quarterly
Due on or before the
• Progress of initiatives
The Recipient in
Progress
last day of each of the
and activities
partnership with the
s 9(2)(a)
6
Report
following months, (or
• Progress against the
Ākina Foundation
(although
the next working day
Objectives
(unless otherwise
monthly
if the day is a
•
advised)
Information about
update
weekend or public
emerging themes and
reports will
holiday):
issues
account as
• August 2023
part of the
• Plans for next period
Quarterly
• November
reporting)
2023
11
Content of Report (clause 4.1, Schedule 2)
a. The content of each reporting deliverable is set out in clause 10.
b. The Recipient may, in addition to the content required for each reporting deliverable
under clause 10, add any other information or opinion it considers relevant or of interest
to the Ministry; and
c. any other information as may reasonably be requested by the Ministry.
12
Address for Notices (clause 11.5, Schedule 2)
under the
Ministry:
Recipient:
Ministry of Business, Innovation & Employment,
Manukau Urban Maori Authority Incorporated (MUMA),
15 Stout Street
7 Shirley Road, Papatoetoe
PO Box 1473
WELLINGTON
AUCKLAND
Attention: Simon Gallagher, National Manager
Attention: Tania Rangiheuea, Chief Executive Officer
Consumer Services
Email: s 9(2)(a)
Email: [email address]
Released Or attention: John Cameron, Manager Group Operations
Email: s 9(2)(a)
Official Information Act 1982
7 s 9(2)(a)
FUNDING AGREEMENT STANDARD TERMS AND CONDITIONS - SCHEDULE 2
1.
Interpretation
completed by the Recipient before a
Funding payment is made by the Ministry.
1.1
In this Agreement, the following terms have
the following meanings:
1.2
References to clauses and Schedules are to
clauses and Schedules of this Agreement
“
Agreement” means this agreement,
and references to persons include bodies
including Schedule 1 and this Schedule 2;
corporate, unincorporated associations or
“
Business Day” means any day not being a
partnerships.
Saturday or Sunday or public holiday
1.3
The headings in this Agreement are for
within the meaning of section 44 of the
convenience only and have no legal
Holidays Act 2003;
effect.
“
Commencement Date” means the
1.4
The singular includes the plural and vice
commencement date set out in the Details
versa.
or, if no commencement date is set out,
the date of this Agreement.
1.5
“Including” and similar words do not
imply any limitation.
“
Completion Date” has the meaning given
in the Details;
1.6
References to a statute include references
to that statute as amended or replaced
“
Confidential Information” includes all
from time to time.
information and data (in any form)
concerning
the
organisation,
1.7
Monetary references are references to
administration,
operation,
business,
New Zealand currency.
clients, finance, and methods of the
1.8
If there is any conflict of meaning between
under the
Ministry, including any information
the Details and Schedule 2, Schedule 2 will
provided by the Ministry under or in
prevail.
connection with this Agreement;
2.
Funding
“
Details” means Schedule 1;
2.1
The Ministry must pay the Funding at the
“
Funding” means the funding amount set
rate and in the manner set out in the Details.
out in the Details;
The Funding is the total amount payable by
“
GST” means goods and services tax within
the Ministry for the Project.
the meaning of the Goods and Services Tax
2.2
The Recipient must use the Funding only to
Act 1985;
carry out the Project in accordance with this
Released
“
Intellectual Property Rights” includes
Agreement.
copyright and all rights conferred under
2.3
In consideration of the Funding, the
statute, common law or equity in relation to
Recipient must:
inventions (including patents), registered or
unregistered trade marks and designs,
(a) complete each Project Task (if any) by
circuit layouts, data and databases,
the relevant payment date set out in
confidential information, know-how, and all
the Details;
Official Information Act 1982
other rights resulting from intellectual
(b) complete the Project to the Ministry’s
activity;
satisfaction by the Completion Date;
“
Parties” means the Ministry and the
(c) carry out the Project in accordance
Recipient and their respective successors
with:
and permitted assigns;
(i) the methodology (if any) set out in
“
Project” means the project described in
the Details;
the Details; and
(ii) the best currently accepted
“
Project Tasks” means the project tasks (if
principles and practice applicable
any) set out in the Details which must be
s 9(2)(a)
8
to the field(s) of expertise relating
4.2
The Ministry may terminate this Agreement
to the Project; and
at any time by giving at least
10 Business Days’ notice to the Recipient.
(iii) all applicable laws, regulations,
rules and professional codes of
4.3
The
Ministry
may
terminate
this
conduct or practice; and
Agreement immediately by giving notice
to the Recipient, if the Recipient:
(d) refund any unspent Funding to the
Ministry within 10 Business Days of
(a) is in breach of any of its obligations
the Completion Date.
under this Agreement and that
breach is not capable of being
2.4
Where all of the monies received by the
remedied;
Recipient to carry out the Project (including
the Funding) exceeds the total cost of the
(b) fails to remedy any breach of its
Project, the Recipient must refund to the
obligations under this Agreement
Ministry the excess amount. The Recipient
within 5 Business Days of receipt of
is not required to refund, under this
notice of the breach from the
clause 2.4, any amount that exceeds the
Ministry;
total amount of Funding.
(c) does or omits to do something, or any
3.
Project Progress
matter concerning the Recipient
comes to the Ministry’s attention,
3.1
If:
which in the Ministry’s opinion may
(a) the Ministry is not satisfied with the
cause damage to the business or
progress of the Project;
reputation of the Ministry or of the
(b) the Recipient does or omits to do
Government of New Zealand;
something, or any matter concerning
(d) has given or gives any information to
under the
the Recipient comes to the Ministry’s
the Ministry which is misleading or
attention, which, in the Ministry’s
inaccurate in any material respect; or
opinion, may damage the business or
(e) becomes insolvent, bankrupt or
reputation of the Ministry; or
subject to any form of insolvency
(c) the Recipient breaches any of its
action or administration.
obligations under this Agreement,
4.4
Termination of this Agreement is without
the Ministry may (without limiting its
prejudice to the rights and obligations of
other remedies):
the Parties accrued up to and including the
(d) renegotiate this Agreement with the
date of termination.
Released
Recipient; or
4.5
On termination of this Agreement, the
(e) terminate
this
Agreement
Ministry may (without limiting any of its
immediately by notice to the
other rights or remedies):
Recipient, and clause 4.4, 4.5 and 4.6
(a) require the Recipient to provide
will apply.
evidence of how the Funding has
4.
Term and Termination
been spent; and/or
Official Information Act 1982
4.1
Subject to clauses 4.2 and 4.3, this
(b) require the Recipient to refund to the
Agreement will commence on the
Ministry:
Commencement Date and expire when:
(i) any of the Funding that has not
(a) the final report is completed and
been spent or committed by the
provided to the Ministry; and
Recipient. For the purposes of this
clause, Funding is committed
(b) the Project is completed,
where it has been provided or
to the satisfaction of the Ministry.
promised to a third party for the
purpose of carrying out the Project
and the Recipient, after using
s 9(2)(a)
9
reasonable endeavours, is unable
termination or expiry of this
to secure a refund or release from
Agreement, all records relevant to
that promise (as the case may be);
this Agreement;
or
(c) allow the Ministry reasonable access
(ii) the proportion of the Funding that
to the Recipient’s premises or other
equates to the uncompleted part
premises where the Project is being
of the Project, as reasonably
carried out; and
determined by the Ministry ;
(d) appoint a reputable firm of chartered
and/or
accountants as auditors to audit its
(c) if the Funding has been misused, or
financial statements in relation to the
misappropriated, by the Recipient,
use of the Funding;
require the Recipient to refund all
6.
Warranties
Funding paid up to the date of
termination, together with interest at
6.1
Each Party warrants to the other Party that
the rate of 10% per annum from the
it has full power and authority to enter
date the Recipient was paid the
into and perform its obligations under this
money to the date the Recipient
Agreement which, when executed, will
returns the money.
constitute binding obligations on it in
accordance with this Agreement’s terms.
4.6
The provisions of this Agreement relating
to termination (clause 4), audit and
6.2
The Recipient warrants that:
record-keeping (clause 5.2(b), (c) and (d)),
(a) it is not insolvent or bankrupt and no
warranties (clause 6), intellectual property
action has been taken to initiate any
(clause 7), confidentiality (clause 8), and
form of insolvency administration in
liability and insurance (clause 9) will
under the
relation to the Recipient;
continue after the expiry or termination of
this Agreement.
(b) all information provided by it to the
Ministry in connection with this
5.
Reporting Requirements and Audit
Agreement was, at the time it was
5.1
The Recipient must report on the progress
provided,
true,
complete
and
of the Project to the Ministry:
accurate in all material respects; and
(a) as set out in the Details;
(c) it is not aware of any material
information that has not been
(b) as otherwise reasonably required by
disclosed to the Ministry which may,
the Ministry; and
if disclosed, materially adversely
Released
(c) in any format and on any medium
affect the decision of the Ministry
reasonably required by the Ministry.
whether to provide the Funding.
5.2
The Recipient must:
7.
Intellectual Property
(a) maintain true and accurate records in
7.1
All Intellectual Property Rights in the
connection with the use of the
reports provided under clause 5.1 will be
Funding and the carrying out of the
owned by the Ministry from the date the
Project sufficient to enable the
reports are created or developed.
Official Information Act 1982
Ministry to meet its obligations under
7.2
All intellectual property produced by the
the Public Finance Act 1989 and
Recipient or its employees or contractors in
retain such records for at least 7 years
relation to the Project is, on creation, jointly
after termination or expiry of this
owned by the Ministry and the Recipient.
Agreement;
Each Party may use (which includes
(b) permit the Ministry, at the Ministry’s
modifying,
developing,
assigning,
or
expense, to inspect or audit (using an
licensing) such intellectual property without
auditor nominated by the Ministry),
obtaining the prior consent of the other
from time to time until 7 years after
Party. On request, the Recipient must
s 9(2)(a)
10
provide to the Ministry such intellectual
9.
Liability and Insurance
property in any format, and on any medium,
9.1
The Ministry is not liable for any loss of
reasonably requested by the Ministry.
profit, loss of revenue or other indirect,
7.3
The Recipient must ensure that material
consequential or incidental loss or damage
created or developed in connection with the
arising under or in connection with this
Project does not infringe the Intellectual
Agreement.
Property Rights of any person.
9.2
The maximum liability of the Ministry
8.
Confidentiality
under or in connection with this
Agreement whether arising in contract,
8.1
The Recipient must:
tort (including negligence) or otherwise is
(a) keep the Confidential Information
the total amount which would be payable
confidential at all times;
under this Agreement if the Project had
(b) not
disclose
any
Confidential
been carried out in accordance with this
Information to any person other than
Agreement.
its
employees,
contractors
or
9.3
The Recipient (including its employees,
members of the TAN to whom
agents, and contractors, if any) is not an
disclosure is necessary for purposes
employee, agent or partner of the Ministry
of the Project or this Agreement;
or of the Chief Executive of the Ministry.
(c) effect and maintain adequate security
At no time will the Ministry have any
measures
to
safeguard
the
liability to meet any of the Recipient’s
Confidential Information from access
obligations under the Health and Safety at
or use by unauthorised persons; and
Work Act 2015 or to pay to the Recipient:
(d) ensure
that
any
employees,
(a) holiday pay, sick pay or any other
under the
contractors or members of the TAN to
payment under the Holidays Act
whom it discloses the Confidential
2003; or
information are aware of, and comply
(b) redundancy or any other form of
with, the provisions of this clause 8.
severance pay; or
8.2
The obligations of confidentiality in
(c) taxes or levies, including any levies
clause 8.1 do not apply to any disclosure of
under the Accident Compensation Act
Confidential Information:
2001.
(a) to the extent that such disclosure is
9.4
The Recipient indemnifies the Ministry
necessary for the purposes of
against any claim, liability, loss or expense
completing the Project;
(including legal fees on a solicitor own
Released
(b) required by law; or
client basis) (“loss”) brought or threatened
against, or incurred by the Ministry, arising
(c) where the information has become
from or in connection with a breach of this
public other than through a breach of
Agreement by the Recipient or the Project,
the obligation of confidentiality in this
or from the negligence or wilful
clause 8 by the Recipient, or its
misconduct of the Recipient, its employees
employees or contractors, or was
or contractors.
Official Information Act 1982
disclosed to a Party on a non-
confidential basis by a third party.
9.5
Where the Recipient is a trustee, the
Ministry acknowledges that the Recipient
8.3
The Recipient must obtain the Ministry’s
has entered into this Agreement as a
prior written agreement over the form and
trustee of the trust named in Schedule 1 in
content of any public statement made by
an independent capacity without any
the Recipient relating to this Agreement or
interest in any of the assets of the trust
the Funding.
other than as trustee. Except where the
Recipient acts fraudulently, the Recipient
is liable under this Agreement only to the
11 s 9(2)(a)
extent of the value of the assets of the
11.1 Neither Party will be liable to the other for
trust available to meet the Recipient’s
any failure to perform its obligations
liability, plus any amount by which the
under this Agreement by reason of any
value of those assets has been diminished
cause or circumstance beyond the Party’s
by any breach of trust caused by the
reasonable control including, acts of God,
Recipient’s wilful default or dishonesty.
communication line failures, power
failures, riots, strikes, lock-outs, labour
9.6
The Recipient must effect and maintain for
disputes, fires, war, flood, earthquake or
the term of this Agreement:
other disaster, or governmental action
(a) adequate insurance to cover standard
after the date of this Agreement (“Force
commercial risks; and
Majeure Event”). The Party affected
(b) other insurance reasonably required
must:
by the Ministry.
(a) notify the other Party as soon as
The Recipient must, upon request by the
practicable after the Force Majeure
Ministry, provide the Ministry with
Event occurs and provide full
evidence of its compliance with this
information concerning the Force
clause.
Majeure Event including an estimate
of the time likely to be required to
10.
Dispute Resolution
overcome it;
10.1 The Parties will attempt to resolve any
(b) use its best endeavours to overcome
dispute or difference that may arise under
the Force Majeure Event; and
or in connection with this Agreement
amicably and in good faith, referring the
(c) continue to perform its obligations as
dispute to the Parties’ senior managers for
far as practicable.
under the
resolution if necessary.
12.
General
10.2 If the Parties’ senior managers are unable to
12.1 A waiver by either Party of any rights arising
resolve the dispute within 10 Business Days
from any breach of any term of this
of it being referred to them, the Parties will
Agreement will not be a continuing waiver
refer the dispute to mediation or another
of any other rights arising from any other
form of alternative dispute resolution
breaches of the same or other terms or
agreed between the Parties.
conditions of this Agreement. No failure or
10.3 If a dispute is referred to mediation, the
delay on the part of either Party in the
mediation will be conducted by a single
exercise of any right or remedy in this
mediator appointed by the Parties (or if they
Agreement will operate as a waiver. No
Released
cannot agree, appointed by the Chair of
single or partial exercise of any such right or
LEADR New Zealand Inc.) and on the terms
remedy will preclude any other or further
of the LEADR New Zealand Inc. standard
exercise of that or any other right or
mediation agreement (unless the Parties
remedy.
agree otherwise). The Parties will pay their
12.2 Assignment:
own costs relating to any mediation or other
(a) The Recipient must not assign,
form of alternative dispute resolution
delegate, subcontract or transfer any
(unless they agree otherwise).
Official Information Act 1982
or all of its rights and obligations
10.4 The Parties must continue to perform their
under this Agreement. The Recipient
obligations under this Agreement as far as
remains liable for performance of its
possible as if no dispute had arisen pending
obligations under this Agreement
final resolution of the dispute.
despite any approved subcontracting
10.5 Nothing in this clause 10 precludes either
or assignment.
Party from taking immediate steps to seek
(b) If the Recipient is a company, any
urgent relief before a New Zealand Court.
transfer
of
shares,
or
other
11.
Force Majeure
arrangement affecting the Recipient
12 s 9(2)(a)
or its holding company which results
(c) if sent by email, at the time the email
in a change in the effective control of
enters the Recipient's information
the Recipient is deemed to be an
system as evidenced by a delivery
assignment subject to clause 12.2(a).
receipt requested by the sender and it
is not returned undelivered or as an
12.3 This Agreement may only be varied by
error,
agreement in writing signed by the Parties.
provided that any notice received after 5pm
12.4 If any part or provision of this Agreement
or on a day which is not a Business Day shall
is invalid, unenforceable or in conflict with
be deemed not to have been received until
the law, the invalid or unenforceable part
the next Business Day.
or provision will be replaced with a
provision which, as far as possible,
12.6 This Agreement sets out the entire
accomplishes the original purpose of the
agreement and understanding of the
part or provision. The remainder of the
Parties and supersedes all prior oral or
Agreement will be binding on the Parties.
written agreements, understandings or
arrangements relating to its subject
12.5 Any notice to be given under this
matter.
Agreement must be in writing and hand
delivered or sent by email or registered post
12.7 This Agreement may be signed in any
to the Parties' respective email address,
number of counterparts (including emailed
postal address as set out in the Details. A
copies) and provided that each Party has
notice is deemed to be received:
signed a counterpart, the counterparts,
when taken together, will constitute a
(a) if personally delivered when delivered;
binding
and enforceable
agreement
or
between the Parties.
(b) if posted, three Business Days after
under the
12.8 This Agreement will be governed by and
posting;
construed in accordance with the laws of
New Zealand.
Released
Official Information Act 1982
s 9(2)(a)
13

under the
Released
Official Information Act 1982
s 9(2)(a)
Signed for and on behalf of
the
Manukau Urban Māori Authority
_____
_
Incorporated (MUMA) by
Tania
Signature
Rangiheuea, Chief Executive Officer:
____________________
Tania Rangiheuea ___________
Print Full Name
_____
CEO___________________________
Print Title
Date:__________________________
under the
Released
Official Information Act 1982
2 s 9(2)(a)
SCHEDULE 1 – DETAILS
1
Context
As part of Consumer Services, the Consumer Protection function has a role to inform and
educate New Zealanders about the process of buying, i.e., what to know before, during and after
purchasing a product or service. This includes outlining consumer rights and tips for making
improved purchase decisions. In particular, Consumer Protection is to ensure that consumers:
• have the information they need to transact with confidence
• are protected from high levels of detriment
• have access to appropriate redress if things go wrong
The Ministry has a primary responsibility to maintain, monitor, evaluate and improve the
consumer regulatory system, but works alongside other government and non-government
agencies and organisations to work towards meeting the above objectives.
A pilot Vehicle Social Leasing Scheme was initiated in 2020 (renamed “Waka Aronui” in 2021)
through the inter-agency work the Ministry does with external organisations and stakeholders,
of which MUMA is the delivery partner. MUMA has been in operation for over 38 years and
provides specialist wrap-around services to whanau experiencing vulnerability. MUMA also
offers a range of services and programmes, such as wellbeing interventions, reintegration
under the
solutions and Whānau Ora.
Waka Aronui is a collaboration between the non-profit, philanthropic, commercial, government,
and community sectors in response to the identified need. Along with MUMA and the Ministry,
the pilot programme partners (previously and currently) include the Ākina Foundation (Ākina),
Auckland Council and Waka Kotahi, the NZ Transport Agency.
MUMA has managed the rollout and operations of the pilot and provided regular progress
reports. MUMA has also collaborated with Ākina in respect of the annual reporting of the pilot.
Released
This is likely to continue for the life of the pilot programme.
2.
Appropriation and approval process (Background)
The Funding contribution is taking from the Consumer Information appropriation, approved by
Official Information Act 1982
Simon Gallagher, National Manager Consumer Protection on or before 30 April 2024.
s 9(2)(a)
3
3
Funding (clause 2.1, Schedule 2)
The total amount of the Funding is: $30,000.00 plus GST (if any).
4.
Project (clause 2, Schedule 2)
The Waka Aronui Project takes a holistic approach to reducing common issues associated with
the running costs and maintenance responsibilities of having a car – therefore the model is an
ongoing lease, not a lease to own to avoid the risk of owning the vehicle towards the end of its
useful life and the associated high maintenance costs.
In addition, data will be sought to understand how participants in the programme use the
vehicles, and qualitative feedback will be collected about how being involved in the pilot has
impacted them and their whānau’s wellbeing.
The key aspects of the pilot are as follows:
a) MUMA acquired a grant from a philanthropic organisation to purchase suitable vehicles for
lease.
b) Applicants to the scheme have been selected using criteria (including licensing status)
established during the detailed development of the pilot model.
under the
c) Successful applicants will make a weekly payment to MUMA to lease a car.
d) The payment includes:
• use of the car
• annual registration and Warrant of Fitness (WoF)
• vehicle maintenance
• insurance
• ongoing scheme administration by MUMA
Released
e) MUMA will use the income from the leasing scheme to repay the loan and meet other
associated costs.
The Project will also test the impact of the scheme and refine its operational model and delivery
to maximise its contribution to the anticipated overall benefits of:
• increased financial resilience and relief from high risk, high-cost unethical lending for
Official Information Act 1982
limited income families to help them transact with confidence
• improved vehicle safety by accessing vehicles of acceptable quality, leading to fewer
deaths and serious injuries
• improved environmental outcomes through decreased emissions from vehicles on the
road
Where the opportunity arises during the Project, MUMA will also ensure that:
s 9(2)(a)
4
• Additional safety benefits such as driver training and incentivised progression through
the licensing system is offered to those who have remained on restricted licenses
• Awareness of restraint-wearing and correct child restraint installation for those who
require it is raised.
5
Project Tasks (clause 2.3(a), Schedule 2)
MUMA shall undertake the following Project Tasks, including providing the deliverables
(Deliverable) for each Project Task to MBIE, in accordance with the following requirements:
Task/deliverable
Timeframe
Lifetime of the pilot
Be involved in the pilot design, coordination,
and implementation
Design and implement the community
operations model
Facilitate data collection from the participants
Lead programme promotions,
communications, and event management
(where required)
under the
Ongoing over the lifetime of the pilot and
Repay any loans for the vehicles using the
beyond if required
weekly fees paid by the customers of the pilot
Ongoing
Manage and account for all investment, loans
or grants associated with the project /pilot
Manage the delivery of the scheme to Ongoing
customers, which includes managing the
relationship with vehicle users and assessing
their budget to ensure the scheme is
Released
affordable
If required
Resolve frontline issues and manage
payments from customers for the scheme and
repayments to the impact investor(s)
Official Information Act 1982
s 9(2)(a)
5
Manage the entire delivery of the scheme to Ongoing
customers, which includes:
-
Selection process and engagement
-
Onboarding, offboarding, and providing
pastoral care to whānau in the scheme
-
affordability assessment and offering
budgeting advice and support where
necessary
Ongoing
Manage the interactions with the
philanthropic investor/s and the vehicle
supplier
Ongoing
Be willing to share information with
Consumer Protection about the pilot, that
could contribute towards improving the
experiences for whanau looking to
lease/purchase a motor vehicle.
under the
6
Methodology (
clause 2.3(c), Schedule 2)
There are no methodology requirements.
7
Payment terms (clause 2.1, Schedule 2)
In a lump sum payment on or before Friday 26 April 2024, subject to completion of any relevant
Project Tasks to the Ministry’s satisfaction.
Released
8
Commencement Date (clause 1.1, 3.1 Schedule 2)
1 March 2024
Official Information Act 1982
9
Completion Date (clause 2.3(b), Schedule 2)
This Agreement shall end on 20 December 2024.
s 9(2)(a)
6
10
Reporting Requirements (clause 4.1, Schedule 2)
MUMA will submit the following reporting Deliverables to the Ministry via the National Manager,
Consumer Protection in accordance with the time requirements in clause 5.
Project Task Reporting Deliverable Required content of report
Report
to
be
provided by:
Quarterly
Due on or before the
• Progress of initiatives
MUMA in
Progress
last day of each of the
and activities
partnership with the
Report
following months, (or
•
Ākina Foundation
Progress against the
(although
the next working day
(unless otherwise
Objectives
monthly
if the day is a
advised)
update
weekend or public
• Information about
reports will
holiday):
emerging themes and
account as
•
issues
June 2024
part of the
• Plans for next period
Quarterly
• Sept 2024
reporting)
• Jan/Feb 2025
11
Content of Report (clause 4.1, Schedule 2) under the
a. The content of each reporting deliverable is set out in clause 10.
b. MUMA may, in addition to the content required for each reporting deliverable under
clause 10, add any other information or opinion it considers relevant or of interest to the
Ministry; and
c. any other information as may reasonably be requested by the Ministry.
12
Address for Notices (clause 11.5, Schedule 2)
Released
Ministry:
Recipient:
Ministry of Business, Innovation & Employment,
Manukau Urban Maori Authority Incorporated (MUMA),
15 Stout Street
7 Shirley Road, Papatoetoe
PO Box 1473
WELLINGTON
AUCKLAND
Official Information Act 1982
Attention: Simon Gallagher, National Manager
Attention: Tania Rangiheuea, Chief Executive Officer
Consumer Services
Email: s 9(2)(a)
Email: [email address]
Or attention: John Cameron, Manager Group Operations
Email: s 9(2)(a)
s 9(2)(a)
7
FUNDING AGREEMENT STANDARD TERMS AND CONDITIONS - SCHEDULE 2
1.
Interpretation
completed by the Recipient before a
Funding payment is made by the Ministry.
1.1
In this Agreement, the following terms have
the following meanings:
1.2
References to clauses and Schedules are to
clauses and Schedules of this Agreement
“
Agreement” means this agreement,
and references to persons include bodies
including Schedule 1 and this Schedule 2;
corporate, unincorporated associations or
“
Business Day” means any day not being a
partnerships.
Saturday or Sunday or public holiday
1.3
The headings in this Agreement are for
within the meaning of section 44 of the
convenience only and have no legal
Holidays Act 2003;
effect.
“
Commencement Date” means the
1.4
The singular includes the plural and vice
commencement date set out in the Details
versa.
or, if no commencement date is set out,
the date of this Agreement.
1.5
“Including” and similar words do not
imply any limitation.
“
Completion Date” has the meaning given
in the Details;
1.6
References to a statute include references
to that statute as amended or replaced
“
Confidential Information” includes all
from time to time.
information and data (in any form)
concerning
the
organisation,
1.7
Monetary references are references to
administration,
operation,
business,
New Zealand currency.
clients, finance, and methods of the
1.8
If there is any conflict of meaning between
under the
Ministry, including any information
the Details and Schedule 2, Schedule 2 will
provided by the Ministry under or in
prevail.
connection with this Agreement;
2.
Funding
“
Details” means Schedule 1;
2.1
The Ministry must pay the Funding at the
“
Funding” means the funding amount set
rate and in the manner set out in the Details.
out in the Details;
The Funding is the total amount payable by
“
GST” means goods and services tax within
the Ministry for the Project.
the meaning of the Goods and Services Tax
2.2
The Recipient must use the Funding only to
Act 1985;
carry out the Project in accordance with this
Released
“
Intellectual Property Rights” includes
Agreement.
copyright and all rights conferred under
2.3
In consideration of the Funding, the
statute, common law or equity in relation to
Recipient must:
inventions (including patents), registered or
unregistered trade marks and designs,
(a) complete each Project Task (if any) by
circuit layouts, data and databases,
the relevant payment date set out in
confidential information, know-how, and all
the Details;
Official Information Act 1982
other rights resulting from intellectual
(b) complete the Project to the Ministry’s
activity;
satisfaction by the Completion Date;
“
Parties” means the Ministry and the
(c) carry out the Project in accordance
Recipient and their respective successors
with:
and permitted assigns;
(i) the methodology (if any) set out in
“
Project” means the project described in
the Details;
the Details; and
(ii) the best currently accepted
“
Project Tasks” means the project tasks (if
principles and practice applicable
any) set out in the Details which must be
s 9(2)(a)
8
to the field(s) of expertise relating
4.2
The Ministry may terminate this Agreement
to the Project; and
at any time by giving at least
10 Business Days’ notice to the Recipient.
(iii) all applicable laws, regulations,
rules and professional codes of
4.3
The
Ministry
may
terminate
this
conduct or practice; and
Agreement immediately by giving notice
to the Recipient, if the Recipient:
(d) refund any unspent Funding to the
Ministry within 10 Business Days of
(a) is in breach of any of its obligations
the Completion Date.
under this Agreement and that
breach is not capable of being
2.4
Where all of the monies received by the
remedied;
Recipient to carry out the Project (including
the Funding) exceeds the total cost of the
(b) fails to remedy any breach of its
Project, the Recipient must refund to the
obligations under this Agreement
Ministry the excess amount. The Recipient
within 5 Business Days of receipt of
is not required to refund, under this
notice of the breach from the
clause 2.4, any amount that exceeds the
Ministry;
total amount of Funding.
(c) does or omits to do something, or any
3.
Project Progress
matter concerning the Recipient
comes to the Ministry’s attention,
3.1
If:
which in the Ministry’s opinion may
(a) the Ministry is not satisfied with the
cause damage to the business or
progress of the Project;
reputation of the Ministry or of the
(b) the Recipient does or omits to do
Government of New Zealand;
something, or any matter concerning
(d) has given or gives any information to
under the
the Recipient comes to the Ministry’s
the Ministry which is misleading or
attention, which, in the Ministry’s
inaccurate in any material respect; or
opinion, may damage the business or
(e) becomes insolvent, bankrupt or
reputation of the Ministry; or
subject to any form of insolvency
(c) the Recipient breaches any of its
action or administration.
obligations under this Agreement,
4.4
Termination of this Agreement is without
the Ministry may (without limiting its
prejudice to the rights and obligations of
other remedies):
the Parties accrued up to and including the
(d) renegotiate this Agreement with the
date of termination.
Released
Recipient; or
4.5
On termination of this Agreement, the
(e) terminate
this
Agreement
Ministry may (without limiting any of its
immediately by notice to the
other rights or remedies):
Recipient, and clause 4.4, 4.5 and 4.6
(a) require the Recipient to provide
will apply.
evidence of how the Funding has
4.
Term and Termination
been spent; and/or
Official Information Act 1982
4.1
Subject to clauses 4.2 and 4.3, this
(b) require the Recipient to refund to the
Agreement will commence on the
Ministry:
Commencement Date and expire when:
(i) any of the Funding that has not
(a) the final report is completed and
been spent or committed by the
provided to the Ministry; and
Recipient. For the purposes of this
clause, Funding is committed
(b) the Project is completed,
where it has been provided or
to the satisfaction of the Ministry.
promised to a third party for the
purpose of carrying out the Project
and the Recipient, after using
s 9(2)(a)
9
reasonable endeavours, is unable
termination or expiry of this
to secure a refund or release from
Agreement, all records relevant to
that promise (as the case may be);
this Agreement;
or
(c) allow the Ministry reasonable access
(ii) the proportion of the Funding that
to the Recipient’s premises or other
equates to the uncompleted part
premises where the Project is being
of the Project, as reasonably
carried out; and
determined by the Ministry ;
(d) appoint a reputable firm of chartered
and/or
accountants as auditors to audit its
(c) if the Funding has been misused, or
financial statements in relation to the
misappropriated, by the Recipient,
use of the Funding;
require the Recipient to refund all
6.
Warranties
Funding paid up to the date of
termination, together with interest at
6.1
Each Party warrants to the other Party that
the rate of 10% per annum from the
it has full power and authority to enter
date the Recipient was paid the
into and perform its obligations under this
money to the date the Recipient
Agreement which, when executed, will
returns the money.
constitute binding obligations on it in
accordance with this Agreement’s terms.
4.6
The provisions of this Agreement relating
to termination (clause 4), audit and
6.2
The Recipient warrants that:
record-keeping (clause 5.2(b), (c) and (d)),
(a) it is not insolvent or bankrupt and no
warranties (clause 6), intellectual property
action has been taken to initiate any
(clause 7), confidentiality (clause 8), and
form of insolvency administration in
liability and insurance (clause 9) will
under the
relation to the Recipient;
continue after the expiry or termination of
this Agreement.
(b) all information provided by it to the
Ministry in connection with this
5.
Reporting Requirements and Audit
Agreement was, at the time it was
5.1
The Recipient must report on the progress
provided,
true,
complete
and
of the Project to the Ministry:
accurate in all material respects; and
(a) as set out in the Details;
(c) it is not aware of any material
information that has not been
(b) as otherwise reasonably required by
disclosed to the Ministry which may,
the Ministry; and
if disclosed, materially adversely
Released
(c) in any format and on any medium
affect the decision of the Ministry
reasonably required by the Ministry.
whether to provide the Funding.
5.2
The Recipient must:
7.
Intellectual Property
(a) maintain true and accurate records in
7.1
All Intellectual Property Rights in the
connection with the use of the
reports provided under clause 5.1 will be
Funding and the carrying out of the
owned by the Ministry from the date the
Project sufficient to enable the
reports are created or developed.
Official Information Act 1982
Ministry to meet its obligations under
7.2
All intellectual property produced by the
the Public Finance Act 1989 and
Recipient or its employees or contractors in
retain such records for at least 7 years
relation to the Project is, on creation, jointly
after termination or expiry of this
owned by the Ministry and the Recipient.
Agreement;
Each Party may use (which includes
(b) permit the Ministry, at the Ministry’s
modifying,
developing,
assigning,
or
expense, to inspect or audit (using an
licensing) such intellectual property without
auditor nominated by the Ministry),
obtaining the prior consent of the other
from time to time until 7 years after
Party. On request, the Recipient must
10
s 9(2)(a)
provide to the Ministry such intellectual
9.
Liability and Insurance
property in any format, and on any medium,
9.1
The Ministry is not liable for any loss of
reasonably requested by the Ministry.
profit, loss of revenue or other indirect,
7.3
The Recipient must ensure that material
consequential or incidental loss or damage
created or developed in connection with the
arising under or in connection with this
Project does not infringe the Intellectual
Agreement.
Property Rights of any person.
9.2
The maximum liability of the Ministry
8.
Confidentiality
under or in connection with this
Agreement whether arising in contract,
8.1
The Recipient must:
tort (including negligence) or otherwise is
(a) keep the Confidential Information
the total amount which would be payable
confidential at all times;
under this Agreement if the Project had
(b) not
disclose
any
Confidential
been carried out in accordance with this
Information to any person other than
Agreement.
its
employees,
contractors
or
9.3
The Recipient (including its employees,
members of the TAN to whom
agents, and contractors, if any) is not an
disclosure is necessary for purposes
employee, agent or partner of the Ministry
of the Project or this Agreement;
or of the Chief Executive of the Ministry.
(c) effect and maintain adequate security
At no time will the Ministry have any
measures
to
safeguard
the
liability to meet any of the Recipient’s
Confidential Information from access
obligations under the Health and Safety at
or use by unauthorised persons; and
Work Act 2015 or to pay to the Recipient:
(d) ensure
that
any
employees,
(a) holiday pay, sick pay or any other
under the
contractors or members of the TAN to
payment under the Holidays Act
whom it discloses the Confidential
2003; or
information are aware of, and comply
(b) redundancy or any other form of
with, the provisions of this clause 8.
severance pay; or
8.2
The obligations of confidentiality in
(c) taxes or levies, including any levies
clause 8.1 do not apply to any disclosure of
under the Accident Compensation Act
Confidential Information:
2001.
(a) to the extent that such disclosure is
9.4
The Recipient indemnifies the Ministry
necessary for the purposes of
against any claim, liability, loss or expense
completing the Project;
(including legal fees on a solicitor own
Released
(b) required by law; or
client basis) (“loss”) brought or threatened
against, or incurred by the Ministry, arising
(c) where the information has become
from or in connection with a breach of this
public other than through a breach of
Agreement by the Recipient or the Project,
the obligation of confidentiality in this
or from the negligence or wilful
clause 8 by the Recipient, or its
misconduct of the Recipient, its employees
employees or contractors, or was
or contractors.
Official Information Act 1982
disclosed to a Party on a non-
confidential basis by a third party.
9.5
Where the Recipient is a trustee, the
Ministry acknowledges that the Recipient
8.3
The Recipient must obtain the Ministry’s
has entered into this Agreement as a
prior written agreement over the form and
trustee of the trust named in Schedule 1 in
content of any public statement made by
an independent capacity without any
the Recipient relating to this Agreement or
interest in any of the assets of the trust
the Funding.
other than as trustee. Except where the
Recipient acts fraudulently, the Recipient
is liable under this Agreement only to the
s 9(2)(a)
11
extent of the value of the assets of the
11.1 Neither Party will be liable to the other for
trust available to meet the Recipient’s
any failure to perform its obligations
liability, plus any amount by which the
under this Agreement by reason of any
value of those assets has been diminished
cause or circumstance beyond the Party’s
by any breach of trust caused by the
reasonable control including, acts of God,
Recipient’s wilful default or dishonesty.
communication line failures, power
failures, riots, strikes, lock-outs, labour
9.6
The Recipient must effect and maintain for
disputes, fires, war, flood, earthquake or
the term of this Agreement:
other disaster, or governmental action
(a) adequate insurance to cover standard
after the date of this Agreement (“Force
commercial risks; and
Majeure Event”). The Party affected
(b) other insurance reasonably required
must:
by the Ministry.
(a) notify the other Party as soon as
The Recipient must, upon request by the
practicable after the Force Majeure
Ministry, provide the Ministry with
Event occurs and provide full
evidence of its compliance with this
information concerning the Force
clause.
Majeure Event including an estimate
of the time likely to be required to
10.
Dispute Resolution
overcome it;
10.1 The Parties will attempt to resolve any
(b) use its best endeavours to overcome
dispute or difference that may arise under
the Force Majeure Event; and
or in connection with this Agreement
amicably and in good faith, referring the
(c) continue to perform its obligations as
dispute to the Parties’ senior managers for
far as practicable.
under the
resolution if necessary.
12.
General
10.2 If the Parties’ senior managers are unable to
12.1 A waiver by either Party of any rights arising
resolve the dispute within 10 Business Days
from any breach of any term of this
of it being referred to them, the Parties will
Agreement will not be a continuing waiver
refer the dispute to mediation or another
of any other rights arising from any other
form of alternative dispute resolution
breaches of the same or other terms or
agreed between the Parties.
conditions of this Agreement. No failure or
10.3 If a dispute is referred to mediation, the
delay on the part of either Party in the
mediation will be conducted by a single
exercise of any right or remedy in this
mediator appointed by the Parties (or if they
Agreement will operate as a waiver. No
Released
cannot agree, appointed by the Chair of
single or partial exercise of any such right or
LEADR New Zealand Inc.) and on the terms
remedy will preclude any other or further
of the LEADR New Zealand Inc. standard
exercise of that or any other right or
mediation agreement (unless the Parties
remedy.
agree otherwise). The Parties will pay their
12.2 Assignment:
own costs relating to any mediation or other
(a) The Recipient must not assign,
form of alternative dispute resolution
delegate, subcontract or transfer any
(unless they agree otherwise).
Official Information Act 1982
or all of its rights and obligations
10.4 The Parties must continue to perform their
under this Agreement. The Recipient
obligations under this Agreement as far as
remains liable for performance of its
possible as if no dispute had arisen pending
obligations under this Agreement
final resolution of the dispute.
despite any approved subcontracting
10.5 Nothing in this clause 10 precludes either
or assignment.
Party from taking immediate steps to seek
(b) If the Recipient is a company, any
urgent relief before a New Zealand Court.
transfer
of
shares,
or
other
11.
Force Majeure
arrangement affecting the Recipient
s 9(2)(a)
12
or its holding company which results
(c) if sent by email, at the time the email
in a change in the effective control of
enters the Recipient's information
the Recipient is deemed to be an
system as evidenced by a delivery
assignment subject to clause 12.2(a).
receipt requested by the sender and it
is not returned undelivered or as an
12.3 This Agreement may only be varied by
error,
agreement in writing signed by the Parties.
provided that any notice received after 5pm
12.4 If any part or provision of this Agreement
or on a day which is not a Business Day shall
is invalid, unenforceable or in conflict with
be deemed not to have been received until
the law, the invalid or unenforceable part
the next Business Day.
or provision will be replaced with a
provision which, as far as possible,
12.6 This Agreement sets out the entire
accomplishes the original purpose of the
agreement and understanding of the
part or provision. The remainder of the
Parties and supersedes all prior oral or
Agreement will be binding on the Parties.
written agreements, understandings or
arrangements relating to its subject
12.5 Any notice to be given under this
matter.
Agreement must be in writing and hand
delivered or sent by email or registered post
12.7 This Agreement may be signed in any
to the Parties' respective email address,
number of counterparts (including emailed
postal address as set out in the Details. A
copies) and provided that each Party has
notice is deemed to be received:
signed a counterpart, the counterparts,
when taken together, will constitute a
(a) if personally delivered when delivered;
binding
and enforceable
agreement
or
between the Parties.
(b) if posted, three Business Days after
under the
12.8 This Agreement will be governed by and
posting;
construed in accordance with the laws of
New Zealand.
Released
Official Information Act 1982
s 9(2)(a)
13