Appendix 4 - Model CMRI for Agencies
The following model CMRI is illustrative of the principles expressed in these Guidelines. It is not intended to be used as a template. CMRI should reflect the particular circumstances and needs of the parties to them.
MEMORANDUM OF UNDERSTANDING
between <the Māori Collective>
and <the Agency>
Date of execution _________________
Parties
1. <The Māori Collective>
<The Māori Collective> is represented under this Memorandum of Understanding ("MOU") by <for example, the name of the Rūnanga (Council) or Trust Board or iwi organisation> which acts in the interests of all members of <the Māori Collective> living within te rohe o (the area of) <the Māori Collective>. Attached as Schedule A is a map defining the area agreed to by the parties as te rohe o <the Māori Collective> for the purposes of this MOU. This MOU is signed by te Kaiwhakahaere and the Chief Executive on behalf of <the Māori Collective>.
2. <The Agency> (represented by the Minister <of, or responsible for, the Agency>)
<The Agency> is represented under this MOU by the Minister <of, or responsible for, the Agency> ("the Minister"), acting through <the Agency> ("the Ministry" or "the Agency"). The Minister has statutory responsibility under the <name of the Act> for the <for example, health/education needs of Māori>. <The Agency> also has statutory rights and obligations under the <name of the Act> to improve <for example, health/education outcomes for Māori>. This MOU is signed by the Minister and the Chief Executive of <the Agency>.
Purpose of this MOU
3. This agreement sets out the framework for an ongoing relationship between <the Agency> and <the Māori Collective>.
4. The purpose of this agreement is to record the mutual commitment of the parties:
(2) to address any conflict or tension openly and constructively; and
(3) to act in ways that enhance the mana (prestige/dignity) of both parties.
Legal Effect
5. This MOU is not legally binding and does not create a legal relationship.
Goals of the Relationship
6. The parties commit to the following goals for the relationship under this MOU:
(2) to provide a framework for the parties and Government to work together towards improving <for example, health/ educational> outcomes by <for example:
(ii) effective representation>.
Principles of the Relationship
7. The following principles will guide the relationship:
(2) acknowledgement of the Crown's interest in the development and promulgation of policy and legislation on behalf of the public at large and in managing the allocation of public financial resources;
(3) commitment to the following values in the conduct of the relationship:
(i) Autonomy (Rangatiratanga): Recognising that each partner will have
different lines of accountability. Enabling each party to develop and grow in
its own way while recognising and acknowledging difference;
(ii) Unity
(Kōtahitanga): Agreement to work together towards a shared vision; and
(iii)
Goodwill (Manaakitanga): A commitment to work together within an environment of
trust, respect and generosity towards each other. Recognising and understanding
the capabilities and constraints each party brings to the relationship.
Treaty of Waitangi
8. The parties acknowledge that the Treaty of Waitangi is a founding document of Aotearoa/New Zealand and as such lays an important foundation for the relationship between the Crown and Māori. The parties wish to record their agreed understanding of their respective rights and obligations in the context of this MOU:
(2) that the Crown exercises kāwanatanga (governance), meaning that it is required to make decisions that take account of the interests of all New Zealanders in achieving <e.g. health/ education> outcomes;
(3) that decisions made by the Minister and <the Agency> on behalf of the Crown will require a balance to be struck between these considerations; and
(4) that the parties will act towards one another at all times reasonably and in good faith.
Processes for Working Together
9. The relationship will be given effect to by a programme of regular consultation and information-sharing between the parties.
10. Consultation will consist of meetings on an annual basis between the Chief Executives of <the Māori Collective> and <the Agency> and bi-annual meetings between officials acting on behalf of the parties.
Resourcing
11. Costs associated with meeting for the purposes of this MOU, including travel, will be shared by the parties.
Statutory and Contractual Obligations
12. The parties acknowledge that <the Agency> is a <Government department/Crown agency> and that this MOU will not require the Ministry to act in any way contrary to its obligations pursuant to Ministerial or Cabinet direction, or under its statutory responsibilities, or pursuant to any contractual obligations it has established with other parties.
13. The parties further agree that they will take all steps within their power to ensure that <the Agency> is able to comply with the same.
Non-exclusive Relationship
14. <The Māori Collective> acknowledges the agreements under this MOU do not create an exclusive relationship and the Minister and <the Agency> may develop other appropriate relationships.
Representations
15. The parties agree that they will not make any statement on the other's behalf to any third party without the express authorisation of the other party.
Confidentiality
16. The parties agree that unless otherwise required by law or by mutual agreement, that they will keep confidential all information acquired as a result of this agreement.
17. The parties specifically acknowledge that information relating to or produced by the relationship may be required to be released under the Official Information Act 1982.
Review and Variation of MOU
18. This MOU records a commitment to a long-term ongoing relationship. The parties acknowledge that over time the nature and focus of the relationship will evolve to reflect changing circumstances. Therefore, the parties will meet solely for the purpose of reviewing this MOU every three years, or otherwise as mutually agreed.
19. The parties may at any time and by mutual agreement amend this agreement to reflect:
(2) any other changes both parties agree are necessary.
Termination of Memorandum
20. This memorandum may be terminated by one party giving 60 days notice to the other, or by mutual agreement at any time.
Dispute Resolution
21. The parties will act at all times in good faith and with the goal of preserving their relationship. However, in the event of a dispute the parties agree to the following process:
(2) if following (1) the dispute is not resolved the parties will engage in mediation through an agreed process.
Term of MOU
22. This MOU:
(2) may be terminated by the mutual agreement of the parties or by either party giving 60 days notice of termination to the other.
Execution
| Date:________________ | Date:________________ |
| Minister <of, or responsible for, the Agency> |
Te Kaiwhakahaere o <the Māori Collective> |
| ________________ | ________________ |
| Witness | Witness |
| ________________ | ________________ |
| Chief Executive; <the Agency> |
Chief Executive; <Māori Collective> |
| ________________ | ________________ |
| Witness | Witness |
