MEMORANDUM OF UNDERSTANDING

Transcription

1 MEMORANDUM OF UNDERSTANDING THE PARTIES Canterbury Regional Council [NAME OF OTHER PARTY] ( Environment Canterbury ) ( the Partner ) CONTACT AND ADDRESS [project owner] Environment Canterbury P O Box 345 CHRISTCHURCH [ address] (Environment Canterbury Representative) [project owner] [name] [postal address] [ address] (Partner Representative) DATE: BACKGROUND A. [Description of first party and its goals] B. [Description of second party and its goals] MEMORANDUM OF UNDERSTANDING 1.0 STATUS 1.1 The Parties agree that in signing this Memorandum of Understanding they do not intend to create any legal relationship between them by way of contract or partnership or any other legally binding form. It is agreed that no party shall have legal remedies against another party for failing to adhere to the terms and conditions set out in this Memorandum. 1.2 The Memorandum of Understanding does not preclude any Party s right to represent its interests under the Resource Management Act 1991 or other statutory processes. Your ref:

2 1.3 Environment Canterbury is subject to statutorily imposed roles and duties. The carrying out of these roles or duties must take priority over this Memorandum of Understanding if there is any actual or perceived conflict. 2.0 GOALS OF THE MEMORANDUM OF UNDERSTANDING 2.1 The common intention of the Parties in entering into the Memorandum of Understanding is to: Work together towards achieving [goals described in the Background section or anything else] ; and Actively seek and encourage co-operation and participation by other individuals and organisations with an interest in [the goals], provided these goals are consistent with the terms of Environment Canterbury s Long Term Plan (LTP). 2.2 The matters set out in clause 2.1 are referred to in this Memorandum of Agreement as the Goals. 3.0 ROLES, FUNCTIONS AND RESPONSIBILITY CODE OF CONDUCT AND CONDITIONS 4.1 The Parties agree that in working together under the Memorandum of Understanding they will: Acknowledge the autonomy and independence of each other; Act in an honest and transparent way; Work together in good faith to identify options and initiate and achieve outcomes; Inform each other and share information, resources and expertise, subject to the Privacy Act 1993, the Local Government Official Information and Meetings Act 1987, and any other relevant statutes and any obligations of trust; Carry out their business in a way that is consistent with the Goals, provided that for Environment Canterbury this does not conflict with any statutory duties or obligations imposed upon it, or with the terms of the Long Term Plan; Not be constrained from carrying out any activity on their own, or with any other person or entity, including any activity that may impact on matters relevant to the Memorandum of Understanding. Your ref: 2

3 The Partner will follow Environment Canterbury s Health & Safety policies and procedures as they apply and not compromise the safety of either themselves or any other person through any action or inaction manifested by the Partner. 5.0 ENVIRONMENT CANTERBURY INPUT 5.1 Environment Canterbury support will be available for undertaking agreed projects. This may be in the form of funding and/or in-kind contribution from Environment Canterbury staff as deemed appropriate by the Environment Canterbury Representative. 5.2 Environment Canterbury may make available to the Partner s Representative a meeting room or desk at Environment Canterbury offices, based on availability. 5.3 Environment Canterbury is not required to be a member of the Board of the Partner. A representative of Environment Canterbury may attend the Partner s Board meetings to provide expert input, on an as needs or interest basis, but no voting rights would accrue to him/her. 6.0 FUNDING AND REPORTING 6.1 Any funding contribution to the operations of the Partner by Environment Canterbury will be reviewed each year through the annual plan process. 6.2 Any funds allocated to the Partner will be in accordance with Environment Canterbury s Funding Policy for Community Based Organisations 6.3 The Partner will provide Environment Canterbury with: a) Progress reports as specified in a funding agreement. b) Summary report at the end of each financial year describing expenditure and the milestones/outcomes achieved, as specified in a funding agreement. 7.0 TERM 7.1 The Memorandum of Understanding will be for a term of [how many] years from the date of signing, with a provision for one renewal of [how many] years subject to the Parties giving written notice to each other two months before the expiry of the first term of the Memorandum of Understanding. 7.2 Any Party may withdraw from the Memorandum of Understanding by giving not less than one month s written notice of its intention to the other Party. 8.0 VARIATION 8.1 At any time any Party may give notice of a request for a variation to the Memorandum of Understanding. This may be to remove, add to or change a clause of the Memorandum of Understanding. The Parties must agree to any variation to the Memorandum of Understanding before that variation becomes effective. Your ref: 3

4 9.0 CONFLICT RESOLUTION 9.1 The Parties agree that any dispute that arises under the Memorandum of Understanding will be resolved as follows: a) It will be referred for discussion to representatives of both Parties as set out in this Memorandum of Understanding. Disputes will be resolved through consensus of the Parties; b) If consensus cannot be reached, the dispute will be resolved by mediation by and independent mediator agreed on by the Parties. Your ref: 4

5 SIGNED BY Signed on behalf of Environment Canterbury Signed on behalf of [other party name]: Name:... Name:... Signature:... Title:... Signature:... Title: Your ref: 5