Get documents about "Date ______________ CONTRACT FOR SERVICES CANTERBURY REGIONAL COUNCIL AND NAME
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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.
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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.
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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.
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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:.............................................
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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.
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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.
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