This contains the terms and conditions which apply to all funding applications.
The terms and conditions are non-negotiable and do not require a response. Each applicant that submits an application for project-specific funding has confirmed by their signature on the application that they accept these terms and conditions without reservation or variation.
In preparing and submitting an application for funding you must:
- Consider all risks, contingencies and other circumstances relating to the delivery of the project and include adequate provision in your application to manage such risks and contingencies;
- Document in your application all assumptions and qualifications made about the delivery of the project;
- If appropriate, obtain independent advice before submitting your application; and
- Satisfy yourself as to the correctness and sufficiency of your application, including the requested funding and the sustainability of the pricing.
Reliance by Te Whatu Ora
Te Whatu Ora may rely upon all statements made and information provided by you in an application and in correspondence or negotiations with Te Whatu Ora or its representatives (e.g. your application and follow-up correspondence and discussions). If your application is approved for funding, any such statements and information may be included in the Funding Agreement with Te Whatu Ora.
You must ensure all information provided to Te Whatu Ora is true, accurate and complete. Te Whatu Ora is under no obligation to check your application for errors, omissions, or inaccuracies. You will notify Te Whatu Ora promptly upon becoming aware of any errors, omissions, or inaccuracies in your application or in any additional information provided by you.
Ownership and intellectual property
Ownership of the intellectual property rights in your application does not pass to Te Whatu Ora. However, in submitting your application, you grant Te Whatu Ora a non-exclusive, transferable, perpetual licence to use and disclose your application for the purpose of assessing and decision-making related to the funding application process.
Applying for funding you warrant that the provision of the information to Te Whatu Ora, and the use of it by Te Whatu Ora for the evaluation of the application and for any resulting negotiation, will not breach any third-party intellectual property rights.
Te Whatu Ora is bound by the Official Information Act 1982 (“OIA”), the Privacy Act 1993, parliamentary and constitutional convention and any other obligations imposed by law. While Te Whatu Ora intends to treat information in your application as confidential to ensure fairness during the assessment and decision-making process, the information can be requested by third parties and Te Whatu Ora must provide that information if required by law. If Te Whatu Ora receives an OIA request that relates to information in your application, where possible, Te Whatu Ora will consult with you and may ask you to confirm whether the information is considered by you to be confidential or still commercially sensitive, and if so, to explain why.
Use and disclosure of information
Te Whatu Ora will require you to provide certain information, including personal information, on application forms if you wish to apply for funding. If you do not provide all of the information that is required on an application form, Te Whatu Ora may be unable to process or otherwise progress your application.
Te Whatu Ora will generally only use personal information provided in the application process for the purposes of administering the funding which includes assessing an application you have submitted, contracting, monitoring compliance and reporting.
Te Whatu Ora may use personal information provided by you through the application process for other reasons permitted under the Privacy Act 1993 (e.g. with your consent, for a directly related purpose, or where the law permits or requires it).
Te Whatu Ora may disclose your application and any related documents or information provided by you, to any person who is directly involved in the funding application and assessment process on its behalf including any officers, employees, consultants, contractors and professional advisors of Te Whatu Ora or of any government agency. The disclosed information will only be used for the purpose of participating in the funding application and assessment process, including assessment and ongoing monitoring, which will include carrying out due diligence. Due diligence may involve Te Whatu Ora disclosing information to another relevant agency in order to assess the application and verify the information contained in the application and accompanying documents.
Te Whatu Ora will generally not otherwise disclose personal information provided or collected through this application unless required or otherwise permitted by law. For example, we may seek your consent to undertake additional due diligence checks and request information from other relevant third parties. If your application is approved for funding, information provided in the application and any related documents may be used for the purpose of preparing any relevant Funding Agreement(s) with Te Whatu Ora.
Limitation of advice
Any advice given by Te Whatu Ora, any other government agency, their officers, employees, advisors, or other representatives about the content of your application does not commit the decision-maker to make a decision about your application.
No binding legal relations
No contract or other legal obligations arise between Te Whatu Ora and any applicant out of, or in relation to, the application and assessment process, until a formal written contract (if any) is signed by both Te Whatu Ora and a successful applicant/s.
No process contracts
The funding application and assessment process does not legally oblige or otherwise commit Te Whatu Ora to proceed with that process or to assess any particular applicant’s application or enter into any negotiations or contractual arrangements with any applicant. For the avoidance of doubt, this application and assessment process does not give rise to a process contract.
Te Whatu Ora rights
Te Whatu Ora may on giving notice to you:
- amend, suspend, or cancel your application for funding;
- make any material change to the funding application process (including any change to the timeframes, requirements and evaluation approach) provided you are given a reasonable time within which to respond to the change.
Te Whatu Ora:
- accept or reject any application, and waive irregularities or requirements in this application process where it considers it appropriate and reasonable to do so;
- decide not to enter into a Funding Agreement with you in respect of this application.
In particular, Te Whatu Ora reserves the right not to proceed with any application if that is considered by Te Whatu Ora (in its sole discretion) to be unaffordable to Te Whatu Ora.
Costs and expenses
Te Whatu Ora is not responsible for any costs or expenses incurred by any applicant in the preparation of this application and any follow-up correspondence and discussions.
Exclusion of liability
Neither Te Whatu Ora or any other government agency, nor their officers, employees, advisors, or other representatives will be liable (in contract or tort, including negligence, or otherwise) for any direct or indirect damage, expense, loss or cost (including legal costs) incurred or suffered by any applicant, its affiliates or other person in connection with this application and assessment process, including without limitation:
- The assessment process;
- The participation of any application;
- Any investigations of or by any applicant;
- Concluding any contract;
- The acceptance or rejection of any application; or
- Any information given or not given to any applicant(s).
By participating in this application and assessment process, each applicant waives any rights that it may have to make any claim against Te Whatu Ora. To the extent that legal relations between Te Whatu Ora and any applicant cannot be excluded as a matter of law, the liability of Te Whatu Ora is limited to $1.
Nothing contained or implied in or arising out of Te Whatu Ora documentation or any other communications to any applicant shall be construed as legal, financial, or other advice of any kind.
You must not directly or indirectly provide any form of inducement or reward to any officer, employee, advisor, or other representative of Te Whatu Ora or any other government agency in connection with this application and assessment process.
Governing law and jurisdiction
The funding application and assessment process will be construed according to, and governed by, New Zealand law and you agree to submit to the exclusive jurisdiction of New Zealand courts in any dispute concerning your application.
Te Whatu Ora and any other government agency, or any relevant Minister, may make public in whole or in part this application form including the following information:
- The name of the applicant(s);
- A high-level description of the proposed project;
- The total amount of funding and the period of time for which the funding has been approved; and
- The region to which the project relates.
- Applicants not to release any media statement or other information relating to the submission or approval of any application to any public medium without prior agreement of Te Whatu Ora.