Public Finance (Departmental Guarantees and Indemnities) Regulations 2007

4 Guarantees or indemnities that may be given by departments
  • The types of guarantees or indemnities that a department may give under section 65ZE(1) of the Act are as follows:

    • (a) any guarantee or indemnity in any agreement that relates to the use by the New Zealand Defence Force of any military equipment owned by—

      • (i) any nation; or

      • (ii) any international body:

    • (b) any guarantee or indemnity in respect of any claim by a third party for the infringement of any copyright or other intellectual property rights that arises as a result of the Crown using, or providing for the processing or storage of, data or other items under a contract that relates to the provision of information technology services to the Crown:

    • (c) any guarantee or indemnity that—

      • (i) relates to any claim by a third party; and

      • (ii) is contained in a contract for the provision of advisory or consulting services to the Crown:

    • (d) any guarantee or indemnity that relates to, and is contained in,—

      • (i) any overseas loan agreement that is lawfully entered into by the Crown as borrower or any agreement ancillary to that loan agreement; or

      • (ii) a contract to lease, a lease of, or a licence for real property that is lawfully entered into by the Crown as lessee, tenant, or licensee, or as the assignee of the lessee, tenant, or licensee; or

      • (iii) a contract of bailment by way of hire that is lawfully executed by the Crown in the ordinary course of the Crown's operations:

    • (e) any guarantee or indemnity contained in the standard terms and conditions for the operation of—

      • (i) a Crown Bank Account that is opened, maintained, and operated at a bank or banks that the Minister may direct under section 65R of the Act; or

      • (ii) a Departmental Bank Account that is opened, maintained, and operated at a bank or banks that the Minister or the Treasury may direct under section 65S of the Act.

    • (f) any guarantee or indemnity contained in the standard terms and conditions for the purchase, licence, or use by the Crown of—

      • (i) an Internet site:

      • (ii) software:

      • (iii) information technology tools, products, or services.

    Regulation 4(f): added, on 26 February 2010, by regulation 4 of the Public Finance (Departmental Guarantees and Indemnities) Amendment Regulations 2010 (SR 2010/16).