New Zealand Legislation: Acts

10 Crown funding agreements

• (1) In this Act, Crown funding agreement means an agreement that the Crown enters into with any person, under which the Crown agrees to provide money in return for the person providing, or arranging for the provision of, services specified in the agreement.

  (2) The Minister may, on behalf of the Crown,—

  • (a) negotiate and enter into a Crown funding agreement containing any terms and conditions that may be agreed; and

  • (b) negotiate and enter into an agreement that amends a Crown funding agreement; and

  • (c) monitor performance under a Crown funding agreement.

  (2A) A Crown funding agreement is an output agreement for the purposes of Part 4 of the Crown Entities Act 2004 in respect of any outputs covered by the agreement and section 170(2) to (5) of the Crown Entities Act 2004 applies to a Crown funding agreement, with any necessary modifications.

  (3) Except to the extent that the Minister determines by written notice to the Ministry of Health, the Ministry of Health may exercise the Minister's powers under subsection (2) on the Minister's behalf.

  (4) Nothing in this section limits section 39 or section 64 or any other enactment, or any powers that the Minister or the Crown has under any enactment or rule of law.

  (5) As soon as practicable after giving a notice under subsection (3), the Minister must publish a copy of the notice in the Gazette.

  (6) To avoid doubt, a Minister may not require a publicly-owned health and disability organisation to have in place a separate output agreement under section 170(1) of the Crown Entities Act 2004, in respect of any outputs covered by a Crown funding agreement.

  Section 10(2A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

  Section 10(6): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).