Public Finance (Departmental Guarantees and Indemnities) Regulations 2007

  • This version was republished on 30 September 2019 to make a correction to Regulation 5(2)(b).
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).