Appendix 5 - Model CMRI for Crown Entities
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 <a Crown entity>
Parties
1. <The Māori Collective>
<Māori Collective> is a charitable trust incorporated under the Incorporated Societies Act 1908. <Māori Collective> provides <for example, health/education> services for Māori in the <specific region> and is a representative of <group of people/iwi> for the purpose of improving their <for example, health/educational> outcomes.
2. <The Crown entity>
<Crown entity> is established and constituted under the <Crown entity Act>. The statutory role of <Crown entity> is to improve outcomes in the <for example, health/education> sector. <Crown entity> provides policies, programmes and funding in furtherance of this objective.
Purpose
3. The purpose of this memorandum is to assist <Crown entity> to meet the needs of its Māori stakeholders in the <specific> region by providing opportunities for <Māori Collective> to influence policies and programmes developed by <Crown entity>, as they impact on Māori within the <specific region>.
Acknowledgements of Parties
4. The parties acknowledge:
(2) that the role of <Crown entity> as defined by statute benefits from the input of its relevant stakeholders, in this case Māori in the <specific region>;
(3) that the relationship created by this memorandum is not an exclusive one and that both parties reserve the right to create or maintain relationships with any other group that may assist them in the furtherance of their respective objectives;
(4) that this memorandum does not alter or diminish <Crown entity's> statutory powers and obligations under the <Crown entity Act> or any other statute in any way;
(5) that the relationship developed in this memorandum may also lead to the development of contracts for the provision of relevant services but that this memorandum is not developed in this expectation. Any such contracts that may be developed will form separate legal documents but will be attached as schedules to this memorandum; and
(6) that this memorandum is not legally enforceable, but that this does not diminish the intention of the parties to comply with the terms and conditions of this memorandum.
Agreement of Parties
5. The parties agree that they will:
(2) share information as it relates to the subject-matter of this memorandum;
(3) mutually support the endeavours of the other; and
(4) act at all times in good faith and with good intent.
6. <Māori Collective> further agrees that it will:
(2) provide <Crown entity> with advice on developing solutions to any problems; and
(3) provide <Crown entity> with advice on matters of protocol and tikanga (customs, obligations and conditions).
7. <Crown entity> further agrees that it will:
(2) provide <Māori Collective> with opportunities to contribute to <Crown entity's> decision-making processes, where the decisions are relevant to the subject matter of this memorandum; and
(3) keep <Māori Collective> informed about relevant policies and programmes, including the outcome of any decision-making process.
Disclosure of Information
8. Any information exchanged under this memorandum remains the property of the originating party and will be kept confidential to the parties. Such information will only be disclosed with the prior approval of the relevant party and/or according to law.
Execution of Memorandum
9. This memorandum comes into effect on_________________________ 2009.
Review of Memorandum
Termination of Memorandum
11. This memorandum may be terminated by one party giving 60 days notice to the other, or by mutual agreement at any time.
Execution
| Signed this____day of_____2009 | Signed this____day of_____2009 |
| by | by |
| ________________ | ________________ |
| Chief Executive of <Crown entity> |
Chief Executive of <Māori Collective> |
| Before Witness: | Before Witness: |
| ________________ | ________________ |
| Name of Witness 1 | Name of Witness 1 |
| ________________ | ________________ |
| Name of Witness 2 | Name of Witness 2 |
