Date ______________ CONTRACT FOR SERVICES CANTERBURY REGIONAL COUNCIL AND NAME by tracy13

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									                     Date:______________




CONTRACT FOR SERVICES




CANTERBURY REGIONAL COUNCIL



           AND



          (NAME)
                      CONTRACT FOR SERVICES

THE PARTIES

Canterbury Regional Council        (“Environment Canterbury”)

[Name]                             (“the Commissioner”)


ADDRESS OF PARTIES

      Environment Canterbury                    Name
      P O Box 345                               [CONTACT DETAILS]
      CHRISTCHURCH



DATE OF CONTRACT______________________


1.    THE CONTRACT

1.1   Environment Canterbury engages the Commissioner and the Commissioner agrees
      to undertake work for Environment Canterbury as a Hearings Commissioner under
      the Resource Management act 1991.

1.2   Once signed, this Contract, together with any Schedules, will replace all or any
      previous general contract(s) for hearings commissioner services.


2.    THE SERVICES

2.1   The Commissioner shall provide services as a Hearings Commissioner under the
      Resource Management Act 1991 as described in Schedule One (“the Services”).

2.2   Any clarification or further specification of the services will be provided by the
      Consents Hearing Officer (“the Manager”).

2.3   The Services to be provided will be recorded in writing by the Manager as they are
      assigned to the Commissioner.

2.4   The Commissioner shall perform the Services and provide the outputs by the dates
      agreed with the Manager.


3.    PAYMENT

3.1   The hourly rate is $xx.xx plus GST.

3.2   The Commissioner shall maintain up to date records, which clearly identify relevant
      time incurred in providing the Services to Environment Canterbury

3.3   Environment Canterbury shall pay the amount owed for Services within 20 working
      days of production of an invoice as described in Schedule 2.
                                                CRC                 Commissioner

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3.4   Any invoice submitted that does not comply with Schedule 2 will, at the discretion of
      Environment Canterbury, be returned to the Commissioner for amendment prior to
      any payment being made.


4.    REIMBURSEMENT

4.1   Actual and reasonable costs will be reimbursed.

4.2   The Commissioner shall maintain up to date records for all reimbursable costs which
      clearly identify relevant expenses incurred in providing the Services to Environment
      Canterbury.

4.3   Reimbursement of the Commissioner by Environment Canterbury shall be made
      within 20 working days on production of an invoice as described in Schedule 2
      detailing expenditure and supported by receipts.


5.    DURATION

5.1   This Contract shall terminate on final completion of all of the Services described in
      Schedule One or at such earlier time as is mutually agreed between the
      Commissioner and Environment Canterbury.


6.    ENVIRONMENT CANTERBURY SUPPORT

6.1   Environment Canterbury shall ensure that such of its statutory powers as are or may
      be required to be exercised by the Commissioner in provision of the Services are
      properly delegated to the Commissioner.

6.2   Environment Canterbury shall provide to the Commissioner all relevant information
      required to complete the Services.

6.3   Environment Canterbury shall provide meeting rooms and office equipment
      necessary for any hearing or other meeting required for the Services as described in
      Schedule One.

6.4   Should the Commissioner have any other requirements in order to perform the
      Services then the Commissioner shall provide for these to be met and if approved
      shall be reimbursed by Environment Canterbury.

6.5   Environment Canterbury shall provide to the Commissioner all agreed relevant
      information held by it and as soon as practicable following any request.


7.    CARE, SKILL AND DILIGENCE

7.1   In providing the Services the Commissioner shall exercise the degree of skill, care and
      diligence normally exercised by commissioners properly accredited in terms of the
      Resource Management Act in similar circumstances.

7.2   In the performance of the Services a Commissioner shall act at all times within the
      provisions of the RMA including the timeframes set out in that Act and having regard to
      the matters set out in Section 104 and shall act within the powers delegated under that
      Act and in accordance with the provisions of this Contract.
                                                    CRC                 Commissioner

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7.3    In the conduct of any hearing necessary to complete the Services the Commissioner
       shall hear all persons who are entitled to be heard and shall adopt a procedure that is
       appropriate and fair in the circumstances. In determining an appropriate procedure
       the Commissioner shall avoid unnecessary formality; shall recognise tikanga Maori
       where appropriate; shall not permit any person other than the Commissioner or a
       member of the hearing body to question any party or witness and shall not permit
       cross-examination.

7.4    The Commissioner shall act reasonably in good faith and with an open mind, and shall
       make-decisions based on proper motives on the evidence adduced and taking account of
       all relevant information and without knowingly taking into account irrelevant
       considerations and shall not act with bias towards any party to the proceedings.

8.     REASONABLE TIMEFRAME

8.1    Environment Canterbury expects Commissioners to close hearings within a
       reasonable timeframe following the adjournment of a hearing.

8.2    Environment Canterbury expects the closing of a hearing based on the length of a
       hearing as follows:

       1 – 2 days                             within 10 working days
       4 – 6 days                             within 15 working days
       6 – 10 days                            within 20 working days
       10+ days                               within 30 working days

       This applies unless the Commissioner requests further information or a different
       timeframe is agreed with Environment Canterbury (to be determined on a case by
       case basis).


9.     CONFLICT OF INTEREST

9.1    The Commissioner shall not accept a commission that would knowingly result in a
       conflict of interest that would prevent the impartial provision of Services.

9.2    If either party to this Contract believes that the Commissioner may have a conflict of
       interest then that party shall raise the matter with the other party and Environment
       Canterbury shall determine if a conflict of interest exists.


10.    TERMINATION

10.1   In the event of a fundamental breach of this Contract, Environment Canterbury may
       at any time suspend all or part of the Services or terminate the Contract by written
       notice to the Commissioner who shall immediately make arrangements to cease
       provision of the services and minimise further expenditure.

10.2   Suspension or termination shall not prejudice or affect the accrued rights or claims
       and liabilities of either party.




                                                   CRC                  Commissioner

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11.      VARIATIONS

11.1     Either party may make a written request for a variation to the Contract including the
         Services at any time and any agreement to vary the Contract shall be recorded in
         writing, signed by both parties and attached to a copy of this document.


12.      LIABILITY

12.1     The Commissioner’s sole liability to Environment Canterbury shall be limited to the
         sum of $250,000.


13.      DISPUTE RESOLUTION

13.1     Any dispute in relation to this Contract shall first be referred to conciliation for
         settlement. Unresolved disputes shall be referred to arbitration in accordance with
         the Arbitration Act 1996.



 Signed on            behalf       of    Environment            Signed on behalf of the Commissioner:
 Canterbury:

 Name:...................................................       Name:...................................................


 Signature:.............................................        Signature:.............................................




                                                                      CRC                            Commissioner

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SCHEDULE ONE

Environment Canterbury has appointed <name> as a commissioner to
hear and decide resource consent application <consent number> by
<applicant> to <describe what the application is for>.

1.   The appointment is to


     a) hear and decide the resource consent application, with the
        full powers ofthe council as a consent authority, excluding
        any matters of a financial matter
     b) decide any preliminary matters associated with (a), with
        the full powers of the council as a consent authority.


2.   Your order number is <insert order number>

3.   The appointment was made on <insert date> day of <insert
     month and year> by the Regulation Hearing Committee, acting
     under the delegated authority of the Council.




                                      CRC              Commissioner

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                                       SCHEDULE TWO


A Commissioner shall comply with the following requirements for invoicing work associated
with this appointment:
(a)    An invoice for hearing-related work should be submitted to Environment Canterbury
       by the 10th working day following the end of the month in which the work has been
       completed.
(b)    The invoice should be made out to:

       Environment Canterbury
       P O Box 345
       Christchurch
       Attention: Consents Invoicing Administrator

(c)    Prior to payment being made, every invoice must specify the following information:
       (i)      An order number;
       (ii)     Whether the invoice is an interim or final invoice;
       (iii)    Resource Consent Application details:
                -    Applicant’s name
                -    Project/Consent number
                -    Hearing date
       (iv)     The name(s) of the person(s) whose work is being charged for;
       (v)      The date the work was carried out;
       (vi)     The type of work carried out:
                -    Preparation for hearing
                -    Attendance at hearing
                -    Carrying out a site visit
                -    Review of evidence and deliberation of decision
                -    Writing up the hearing decision report
                -    Other hearing-related matters
       (vii)    The number of hours spent on the work type’
       (viii)   The hourly rate of the person(s) whose work is being charged for;
       (ix)     The detailed costs being claimed for travel, accommodation and any other
                disbursement (attach relevant receipts);
       (x)      If more than one consent has been heard (joint hearing with another Council
                or multiple ECan consents) the appropriate division of costs (%) between the
                individual consents should be stated.




                                                      CRC               Commissioner

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