Definitions
A CMRI is:
A documented agreement or arrangement, signed by both parties, that establishes or recognises an ongoing collaborative relationship between Ministers, Government agencies or Crown entities, and a whānau, hapū, iwi, Māori organisation or Māori community.
CMRI often take the form of Memoranda of Understanding, Deeds of Agreement or similar documents. However, the following exclusions to the definition apply:
- Contracts for the purchase of services, which contain purely contractual provisions and which do not contain provisions referring to the wider relationship.
- Memoranda of Understanding or protocols developed pursuant to Deeds of Settlement in the historical Treaty settlement negotiation process. These are informed by the Office of Treaty Settlements' Ka tika a muri, ka tika a mua, Healing the past, Building a future: A Guide to Treaty of Waitangi Claims and Negotiations with the Crown, and are subject to separate approval processes.
- Agreements and arrangements developed in negotiations under the Foreshore and Seabed Act 2004. These are subject to a separate vetting and Cabinet approval process.
Advice on whether a contract constitutes a CMRI is available from the Ministry of Justice and Te Puni Kōkiri. Experience suggests that developing good relationships is still important to the effectiveness of contracts, and the parties should consider whether a CMRI would usefully support their contractual arrangements. However, it is recommended that contracts be written as separate documents to manage legal obligations and allow for periodic review or renewal. Agencies should follow their internal processes and Treasury guidelines on contracting for services with non-Governmental organisations entitled: Checklist for Agencies - Guidelines for Contracting with Non-Government Organisations for Services Sought by the Crown - The Treasury.
Agency : for the purpose of these Guidelines the term "Agency" is used to refer to any Crown party to a CMRI. An "Agency", therefore, may be a Department, Ministry or any other Crown body that may become, or is, a Crown party to a CMRI.
Māori Collective : for the purpose of these Guidelines "Māori Collective" is used to refer to any whānau, hapū, iwi, Māori organisation, Māori community or any other Māori collective that is, or may become, party to a CMRI.
CMRI Officials' group (CMRIOG) : is comprised of officials from the Ministry of Justice and Te Puni Kōkiri. CMRIOG is responsible for advising Agencies on compliance of proposed CMRI with the CMRI policy framework, and advising more widely on matters regarding CMRI and the policy framework.
Key Government Goals to Guide the Public Sector in Achieving Sustainable Development : issued on 22 February 2000 and reconfirmed by Cabinet on 10 April 2001. These are the Government's "high-level" goals for New Zealand. Their purpose is to provide a clear frame of reference to guide public sector policy and performance. The current key Government goals to guide the public sector in achieving sustainable development are available on the Department of the Prime Minister and Cabinet website: www.dpmc.govt.nz/.
Principles for Crown Action on the Treaty of Waitangi: issued by the Fourth Labour Government in 1989, set out the principles by which the Government would act and make decisions about matters relating to the Treaty of Waitangi. These principles were accompanied by quotations from the courts and the Waitangi Tribunal with explanatory comment by the Government.
Statement of Government Intentions for an Improved Community-Government Relationship : issued in December 2001, signed by the Prime Minister and the Minister Responsible for the Community and Voluntary Sector. This Statement articulates clear objectives for an improved relationship with the community sector.
