Toi Tōtara Haemata
Programme
Funding Agreement
(as amended)

Arts Council of New Zealand and
[Organisation Legal Name]
2023 - 2025
Arts Council Tōtara Funding Agreement (as amended) with [Organisation Legal Name]
1

Schedules

Schedule 1: Agreement Details and Scope of Funding

(Pages 5-6)

1  This section of the Agreement covers:

•  How long the Agreement is for

•

  Who the points of contact are

•  When and how much you wil  be   paid
•  What outcomes you wil  deliver

Schedule 2: Reporting and Monitoring (Pages 7-8)

This section of the Agreement co vers:
2

•  Why you report to us

•  What you report to us about

•

  When you report to us

•  Development Goals you need to   complete

Schedule 3: Terms and Conditions (Pages 9-13)

This section of the Agreement covers:
3

•

  What the words in the Agreement mean, and how it is interpreted

•  Disclosure and use of information   (including our obligations under the Official
Information Act)

•  What we both promise to do thro  ughout the Agreement
•  How we both promise to act and communicate with each other

•  When things don’t go as planned
•

  The Active Engagement procedures
•  What can end the Agreement, including the On Notice procedures

Arts Council Tōtara Funding Agreement (as amended) with [Organisation Legal Name]
2

Toi Tōtara Haemata Programme
b.  Dynamic arts; and
Funding Agreement (amended)
c.  Resilient arts sector
2023-2025
E.  The Arts Council has agreed to fund the
Organisation to deliver to all of these features.
Parties
F.  The Arts Council wil  deliver the Funding for the
Tōtara Programme.
Arts Council of New Zealand Toi Aotearoa,
a Crown Entity set up under the Arts Council of
G.  The Arts Council decided to include the
New Zealand Toi Aotearoa Act 2014 (“the Arts
Organisation within the Tōtara Programme so the
Council”)
Organisation can deliver to Creative New Zealand’s
Investment Strategy by delivering the outcomes set
[Organisation Legal Name] (“the Organisation”)
out in Schedule 1.
Background
H.  The Arts Council and the Organisation entered into
an Agreement in XX 2019 which set out the terms
on which Tōtara funding would be provided to the
A.  The Arts Council is established under the Arts
Organisation for the first three years of the Tōtara
Council of New Zealand Toi Aotearoa Act 2014.
Programme. This Agreement sets out the amended
terms of funding that wil  govern the remainder of
B.  To develop a strong and dynamic arts environment,
the Tōtara Programme until the Funding End Date.
the Arts Council focuses on achieving the following
long-term strategic outcomes:
I.  The Arts Council or Creative New Zealand and its
representatives are also referred to as “we”, “us”,
a.  Stronger arts, as shown by:
and “our” in this Agreement.
i.  High-quality New Zealand art is developed;
and
J.  The Organisation and its representatives are also
referred to as “you” in this Agreement.
ii.  New Zealand arts gain international success;
and
K.  The Arts Council may from time to time make
b.  Greater public engagement with the arts, as
amendments to its corporate documents. Any
shown by:
amendments with potential to affect this Agreement
wil  be communicated to the Organisation with
i.  New Zealanders participate in the arts; and
reasonable notice.
ii.  New Zealanders experience high-quality arts.
Contract Documents
c.  Stronger arts sector, as shown by:
i.  New Zealand’s arts sector is resilient
The contractual documents that form this Agreement are:
ii.  New Zealand’s arts are valued and supported
a.  Pages 1 to 4.
C.  The purpose of the Toi Tōtara Haemata (Tōtara)
b.  Schedule One: Agreement Details and Scope of
Programme is to provide longer-term support to arts
Funding.
organisations in order to contribute to building
stronger arts communities and arts organisations and
c.  Schedule Two: Reporting and Monitoring.
facilitate greater public engagement in the arts.
d.  Schedule Three: Standard Terms and Conditions.
D.  Organisations within the Tōtara Programme are
Counterpart
expected to contribute strongly to all features of
Creative New Zealand’s Investment Strategy:
This Agreement may be executed in counterparts, each of
a.  Diversity and reach; and
which wil  be deemed to be an original, but al  of which,
taken together, shall constitute one and same agreement.
Arts Council Tōtara Funding Agreement (as amended) with [Organisation Legal Name]

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Executed as an Agreement
Arts Council of New Zealand Toi
[Organisation Legal Name]
Aotearoa

Signature of Authorised Person
Signature

Stephen Wainwright
Name of Authorised Person
Chief Executive

  /      /
Office Held
Date
/      /

Date
Signature

Haniko Te Kurapa
Signature of Authorised Person
Senior Manager, Te Kaupapa o Toi Aotearoa

  /      /

Date
Name of Authorised Person

Signature
(Office Held)
  /       /
Date
Important Note
Al  parties are encouraged to seek legal advice before entering into this Agreement.

An Electronic Signed Copy
This Agreement may be executed via electronic signature where:
a.
The electronic signature is a scanned copy of the Authorised Person’s handwritten signature
b.
The scanned signed copy is a PDF of the whole Agreement.

Arts Council Tōtara Funding Agreement (as amended) with [Organisation Legal Name]

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Schedule1: Agreement details
4.  Amount of funding
and scope of funding
4.1.  The Arts Council agrees to provide a total of
$XXX,XXX (exclusive of NZ GST and inclusive
1.  Term of Agreement
of all other taxes if applicable).
Start Date
01 January 2023
4.2.  The annual funding amounts are as follows:
Funding End Date
31 December 2025
Annual funding amount
Year
Agreement End Date
30 June 2026
$XXX,XXX
2023

$XXX,XXX
2024
1.1.  As per Schedule 3, clause 3, regardless of the
$XXX,XXX
2025
date or dates of signing, the Funding covers the
period from the Start Date to the Funding End

Date. Accordingly, this Agreement expires on the
5.  Drawdown of funds
Agreement End Date when the final Six Month
Report and Financial Year End Report has been
5.1.  The drawdown schedule of your funding is as
received by us.
follows:
2.  Address for service
Payment Amount
Due Date
$XXX,XXX
04/01/2023
2.1.  Each party’s address for service is set out below.
$XXX,XXX
01/04/2023
$XXX,XXX
01/07/2023
Postal Delivery
Postal Delivery
$XXX,XXX
01/10/2023
Creative New Zealand
[Postal Address]
$XXX,XXX
03/01/2024
PO Box 3806

$XXX,XXX
01/04/2024
Wel ington 6140
Physical Delivery
$XXX,XXX
01/07/2024

[Physical Address]
$XXX,XXX
01/10/2024
Physical Delivery

$XXX,XXX
03/01/2025
Level 2, 2 Al en Street
Email
$XXX,XXX
01/04/2025
Wel ington 6011
[email of main contact]
$XXX,XXX
01/07/2025

$XXX,XXX
01/10/2025
Email:

investments@creativenz.
5.2.  The first payment due each year under this
govt.nz
Agreement is subject to an Agreed Programme

and Agreed Budget being in place and any Special
3.  Special conditions of funding
Conditions of Funding being met.
There are no special conditions applying to this
5.3.  If we have offered you an extension in respect of
Funding Agreement.
the Agreed Programme and Agreed Budget, then
the Agreed Programme and Agreed Budget must
OR
be in place before you can draw down the next
payment following the approved extension. We
3.1.  This funding is conditional on the following:
wil  not offer you any further extensions. Failure
to have the Agreed Programme and Agreed
Budget in place by the extended date wil  be a
breach of this Agreement and we may take action
under Schedule 3, clause 17.1.
SCHEDULE 1: Arts Council Tōtara Funding Agreement (as amended) with [Organisation Legal Name]

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6.  Activities funded under this
Agreement
6.1.  Funding under this Agreement is towards
activities that deliver to the following investment
feature outcomes:
Investment
Outcomes
Feature
▪ Arts practices reflect New
Zealand’s growing diversity
▪ Communities across New Zealand
participate in and experience the
arts
Diversity and
▪ Under-represented communities
reach
engage with New Zealand arts
▪ International opportunities expand
New Zealand arts practices and
demand for New Zealand art
▪ Participation is grown through
digital channels
▪ Innovation in contemporary New
Zealand arts practice
Dynamic Arts
▪ New Zealand arts develop in New
Zealand and international y
▪ Long-term capacity for the arts
sector is built, including new
models of value creation that drive
Resilient arts
resilience
sector
▪ The arts sector is strengthened by
ensuring it is relevant and meets
the needs of its current and
changing communities.

6.2.  The exact activities funded in each subsequent
Funding Year wil  be approved annually via the
Agreed Programme and Agreed Budget
submitted in accordance with Schedule 3, clause
12.1.

SCHEDULE 1: Arts Council Tōtara Funding Agreement (as amended) with [Organisation Legal Name]

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Schedule 2: Reporting and
2.4.  Development Goals
Monitoring
There are no Development Goals associated with this
Agreement.
As per Schedule 3, clause 12.9 Creative New Zealand may
1.  Why you need to report
vary this Agreement by instating a Development Goal for
your organisation if an area of improvement is identified.
1.1.  The funds awarded to you under this Agreement
This wil  not be done without prior consultation with you.
are public funds, and we are accountable for
OR
ensuring these public funds are managed
responsibly and to good effect.
Development Goals are put in place to improve your
delivery to the Investment Strategy. Your Development
1.2.  As a crown entity we have legislative
Goals, Measures, and associated milestones and due dates
requirements to report on the impacts and
are set out in the following table.
outcomes of our funding. The reporting
requirements outlined in this schedule al ow us
Your Development Goal(s)
Milestone
Investment
to do that.
and measure(s)
Due Date
Feature
1.3.
.

  Regular reporting also means we have the most
current information, al owing us to advocate on
behalf of your organisation and the sector.
3.  Financial Year End Reporting
1.4.  We may also use your reporting under this
Agreement to monitor delivery against Creative
3.1.  The level of Financial Year End Reporting we
New Zealand’s Te Hā o Ngā Toi Māori Arts
require from your organisation depends on your
Strategy, Pacific Arts Strategy, and our strategic
organisation’s annual expenditure.
priorities.
3.2.  Regardless of what level of reporting is required,
you are expected to follow good practice
2.
financial management, and follow advice from
  What we monitor
your professional financial adviser/s.
We monitor your performance in several areas:
3.3.  Your Financial Year End Report must be
•
submitted to Creative New Zealand no later than
  Agreed Programme and Agreed Budget
six (6) months following your Financial Year End
•  Investment Feature Outcomes
Date.
•  Financial and Organisational Health
3.4.  If your organisation expends $1,000,000 or more
per year, for two consecutive years, you must
•  (if applicable) Development Goals
provide Creative New Zealand with your
Audited Annual Accounts, and an Audit Report.
2.1.  Your Agreed Programme and Agreed
This must be signed by two Board Members (if
Budget
your organisation is a Charitable Trust).
We monitor your performance against your delivery to
3.5.  If your organisation expends between $500,000
your Agreed Programme and Agreed Budget, which you
and $1,000,000 per year, for two consecutive
submit to us by 20 November of the year prior.
years, you must provide Creative New Zealand
with your Annual Accounts that have been either
2.2.  Investment Feature Outcomes
audited or reviewed by a qualified auditor. This
We monitor your delivery to the outcomes of Creative
must be signed by two Board Members (if your
New Zealand’s Investment Strategy (outlined in Schedule
organisation is a Charitable Trust).
1, Section 6) via your delivery to your Agreed
3.6.  If your organisation expends between $75,000
Programme.
and $500,000 per year, for two consecutive
years, you must provide Creative New Zealand
2.3.  Financial and Organisational Health
with your Financial End of Year (EOY) Accounts.
This must be signed by at least one authorised
We monitor the financial and organisational health of
representative of your organisation.
your organisation to ensure you remain viable and
maintain the resources required to deliver the Agreed
Programme.
SCHEDULE 2: Arts Council Tōtara Funding Agreement (as amended) with [Organisation Legal Name]

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4.  When and how you need to report
Six Month Report:
31/01/2026
2025
July – December
4.1.  Al  reporting requirements under this Agreement
30/06/2026
Financial Year End Report  2025
wil  be completed in the Creative New Zealand
Portal.

4.2.  Our strategic documents and/or directives from

central government/responsible minister(s) may
change over time, which may result in changes to

your reporting requirements over the course of

this Agreement. Any changes wil  be
communicated in advance of a reporting due
date.
4.3.  Detailed guidance and instructions for your
reporting requirements wil  be located on the
Creative New Zealand Portal User Guide.
4.4.  We wil  communicate with you ahead of every
reporting period to ensure you are aware of
what is required.
4.5.  You wil  need to complete al  the required
sections for each report at the times set out in
the table below. Failure to submit your reports
on time and in the correct format, without the
prior approval of Creative New Zealand, may
result in your report being assessed as not
meeting expectations.
4.6.  As per Schedule 3, clause 12.3, if you fail to
submit your reports on time and in the correct
format without prior approval, three times
during this Agreement, you wil  be a breach of
this Agreement and we may take action under
Schedule 3, clause 17.1
4.7.  Your reporting schedule is as follows:
Report due
Report
Funding
no later than
Year
20/11/2022
Programme and Budget
2023
Six Month Report:
31/01/2023
2022
July – December
30/06/2023
Financial Year End Report  2022
Six Month Report:
31/07/2023
2023
January – June
20/11/2023
Programme and Budget
2024
Six Month Report:
31/01/2024
2023
July – December
30/06/2024
Financial Year End Report  2023
Six Month Report:
31/07/2024
2024
January – June
20/11/2024
Programme and Budget
2025
Six Month Report:
31/01/2025
2024
July – December
30/06/2025
Financial Year End Report  2024
Six Month Report:
31/07/2025
2025
January – June
SCHEDULE 2: Arts Council Tōtara Funding Agreement (as amended) with [Organisation Legal Name]

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Schedule 3: Standard Terms and  3.  Term of this Agreement
Conditions
Regardless of the date or dates of signing, the Funding
covers the period from the Start Date to the Funding End
Date as described in clause 1 of Schedule 1. Accordingly this
1.  Definitions and interpretations
Agreement expires on the Agreement End Date when the
final Six Month Report and Financial Year End Report has
1.1.  The definitions used in this Funding Agreement
been received by us.
(“Agreement”) are set out in clause 22 of this
Schedule (Words used in this Agreement).
4.  Assignment or Charging
1.2.  The schedules to this Agreement form part of the
You cannot assign this Agreement or dispose of any rights
Agreement.
or obligations under it without our prior written consent.
1.3.
You cannot mortgage or charge any of your rights under
  This Agreement may be executed in counterparts,
each of which wil  be deemed to be an original, but
this Agreement.
all of which, taken together, shall constitute one
5.  Amendment
and same Agreement.
1.4.
Except for the changes we can make to provisions in clauses
  The provisions of this Schedule wil  override any
conflicting provision in any schedule to this
12, 18, 19 and 20, both parties must agree (in writing) to
Agreement, unless expressly stated otherwise.
any other change to this Agreement.
1.5.  The parties agree that in this Agreement:
6.  Disclosing information
a.  references to clauses and schedules are to
You wil  get our permission before disclosing any provision
clauses and schedules in this Agreement
in this Agreement to a third party other than your
professional advisers.
b.  a reference to current legislation, documents or
agreements (including this Agreement) includes
7.  Official Information Act
any future versions
We comply with the provisions of the Official Information
c.  a reference to a person is not limited to a
Act 1982. Under this Act, we may be required to give
person, but includes a partnership, a corporate
information that we hold about you to another person if
body, an association, or an agency
they ask for it under this Act.
d.  a reference to either party to this Agreement
includes their executors, administrators,
8.  Notices
successors, and permitted assigns
Each party agrees to give any notice in writing and to hand
e.  any reference to not being allowed to do
deliver, post, or email such notice to the other party at the
something includes not causing some other
addresses for service set out in clause 2 of Schedule 1. If
person or entity to take that action
hand delivered, the notice wil  be acknowledged as received
on delivery to the address for service.
f.  headings are a guide only and do not affect the

meaning of this Agreement
If emailed, the notice wil  be acknowledged as received on
g.
the first business day after the notice is emailed. If posted,
  “written” or “in writing” includes every way
you can present words, figures and symbols in a
the notice wil  be acknowledged as received on the third
permanent visible form, including if stored in an
business day after the notice is posted.
electronic form.
9.  Your representations and warranties
2.  What this Agreement covers
to us
2.1.  This agreement is a legal y binding contract that
You represent and warrant to us that you have the power
applies to Funds we advance you, whether pursuant
to enter into this Agreement. You also represent and
to the Toi Tōtara Haemata (Tōtara) Programme or
warrant to us that you have al  necessary consents to sign
other initiatives from time to time.
and carry out the provisions of this Agreement.
2.2.  The provisions of this Agreement and its Schedules
are the entire agreement between us, and replace
and override any earlier discussions and documents
and versions of this Agreement.
SCHEDULE 3: Arts Council Tōtara Funding Agreement (as amended) with [Organisation Legal Name]

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10. When you draw down Funding
that could materially affect the Funding or your
continued existence as an entity.
10.1.  If you continue to meet the terms and conditions
set out in this Agreement, we wil  pay you the
12.6.  allow us (where we have deemed this to be
Funds in the amount and as set out in this
necessary as part of our duty to effectively manage
Agreement and in Schedule 1, clause 5 (Drawdown
public funds), or our delegate, to conduct our own
of funds).
audit of your expenditure in relation to the Funding
and Agreed Programme and Budget and to
10.2.  You can draw down Funds from us when:
cooperate with any on-site audit and investigations
a.
by making available al  relevant records and
  you have signed and returned this Agreement
to us;
accounts to us, or our delegate.
b.
12.7.  allow us to discuss you, or the Programme and
  you have an Agreed Budget and Agreed
Programme with us, set within the agreed time
Funding with any other agency that funds you; and
frame; and
use your best efforts to gain the necessary
consents from individuals required for this.
c.  you have met any Special Conditions for the
drawdown of Funds.
We agree to:
10.3.
12.8.  discuss the specific requirements we intend to set
  If you fail to deliver your Agreed Programme
for you, before putting them in place.
without good reason you will be in breach of this
Agreement, and we may take actions under clause
12.9.  seek your agreement before making any changes to
17.1.
specific requirements that apply to you.  If we
cannot agree on proposed changes, we can make
11. How you agree to use the funds
the final decision on the specific requirements that
apply to you. If we choose to do so, we must give
You wil  use the Funds as set out in your funding schedules,
you reasonable notice of any change and when it
Agreed Budget, and Agreed Programme.
wil  take effect.
12. Financial and programme accountability
12.10. reimburse actual and reasonable auditor costs
You agree to:
arising from clause 12.6.
12.1.
12.11. consult with you before discussing your
  provide us a final proposed programme and budget
for each Funding Year in the required format by 20
commercial y sensitive information with external
November of the previous year (or another date
parties.
we agree to).
13.  Extra or on-going funding
12.2.  provide us with the details of any material change
13.1.
you wish to make to the Agreed Programme or the
  If we decide to give you Additional Amounts, this
does not mean that we are committed to giving
Agreed Budget.  You must get our written consent
you the increased level of funding on an ongoing
to any proposed material change before making
basis.
that change.  Our consent to a proposed change
wil  not be withheld unreasonably.
13.2.  The provisions of this Agreement do not mean that
we wil  continue to give you funds after this
12.3.  use the required format to give us Reports by the
Agreement ends.
set dates as specified in Schedule 2 so we can
report on the effectiveness of our funding for each
14. Our relationship
Funding Year.  Where a report has been submitted
after its due date, without prior agreement from
Both parties to this Agreement wil  work together to make
Creative New Zealand, three or more times during
sure that the Programme and any other initiatives supported
the term of this Agreement, you wil  be considered
under  this  Agreement  are  effective,  accessible  and  support
to be in breach of this Agreement and the
the Outcomes outlined in Schedule 2. The parties agree to:
provisions in clause 17 may apply.
a.  act with honesty and trust
12.4.  provide us with your ratified Board Minutes and
b.
any updated strategic plan and /or organisational
  keep communication between each other open and
ongoing
chart (attached via the Creative New Zealand
Portal) as part of your reporting submission, or as
c.  work in a collaborative and positive way; and
they become available.
d.  recognise and respect each other’s responsibilities,
12.5.  tel  us within two Working Days of your governing
accountabilities, and independence
board or body resolving or deciding on a matter
SCHEDULE 3: Arts Council Tōtara Funding Agreement (as amended) with [Organisation Legal Name]

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15.  Your Responsibilities
f.  advise you as soon as reasonably practicable of any
decisions made by us that may affect your Funding
You  agree  to  meet  your  obligations  set  out  in  this
under this Agreement.
agreement. You wil :
17.  If you break any provision in this
a.  Fulfil your requirements as set out in Schedules 1
and 2
Agreement
b.  promote and celebrate the arts of the diverse
17.1.  If you break any provision in this Agreement and
cultures of New Zealand and remove barriers to
you can fix that breach, we can require you to fix
access to the arts for practitioners, participants and
the breach within 10 Working Days. If you fail to
attendees
fix the breach, or we believe that you are unable to
fix the breach, we may:
c.  comply with all laws, bylaws, regulations, industry
codes of practice, ethical and professional
a.
require you to pay back some or all of the
standards and necessary licensing and consent
Funds, except those Funds paid out and
requirements that apply to you and your Approved
used to deliver the Agreed Programme in
Programme
line with the Agreed Budget
d.  give effect to any current Creative New Zealand
b.  stop or suspend any future payments
Policies and use your best efforts to give effect to
c.
place you on Active Engagement specifying
future Creative New Zealand Policies
the reasons, and the provisions of clause
e.  acknowledge our Funding by including our most
19 wil  then apply
recent logo in all the printed and online material
d.  notify you that you are On Notice
you publish, in line with our conditions of use (on
specifying the reasons, and the provisions
our website at www.creativenz.govt.nz)
of clause 20 wil  then apply
f.  acknowledge our Funding as a separate entry in
e.  end this Agreement immediately.
your accounts, or in any note to your accounts
17.2.  We wil  decide what action to take and the amount
g.  grant us the right in compliance with copyright
(if any) you must repay. You may not receive
legislation to use your name and logo, images and
further Creative New Zealand funding or capability
extracts of your work in any printed and online
building support, or partake in Creative New
material we publish for promotional purposes of
Zealand initiatives, while you are in breach of this
either party
Agreement.
h.  give us a minimum of two tickets or entries to any
17.3.  We can also take the actions set out in sub clauses
activities in your Agreed Programme (if we ask for
17.1(a)–(e) if a material or adverse change occurs
it within a reasonable timeframe), or one copy of
in your position including:
any publication funded under this Agreement.
a.  you become insolvent, have a receiver or
16.  Our responsibilities
liquidator appointed over any of your
assets
We agree to meet our obligations set out in this Agreement.
We wil :
b.  you close down your business
a.  respond within five Working Days to any
c.  you act il egal y or negligently in a way that
communication from you, or by such later date as
we reasonably believe wil  affect the
we advise you
Agreed Programme or our reputation.
b.  provide feedback to you as a result of our
17.4.  If you break this Agreement, we can treat this
monitoring of the Agreed Programme
action as breaking any other agreement you might
have with us. This means that we can take the
c.  attend or participate in your Agreed Programme
same actions under that other agreement that we
where appropriate
may take under this Agreement.
d.  from time to time, share with you information on
relevant developments in your sector and the
18.Other Actions we can take
wider New Zealand arts sector
18.1.  Our funding comes from various sources, including
e.  encourage, promote and support the arts for the
from Parliament and under the Gambling Act 2003.
benefit of all New Zealanders
If we are told this funding wil  reduce or stop, we
must advise you as soon as reasonably possible that
we intend to reduce the Funding, stop the Funding,
or end this Agreement.
SCHEDULE 3: Arts Council Tōtara Funding Agreement (as amended) with [Organisation Legal Name]

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18.2.  The actions set out in clause 18.1 may also apply if
b.  meet with you regularly so we can discuss
you get what we consider to be significant funding
your progress towards Active Engagement
for the same purpose direct from the Crown.
milestones
18.3.  No action taken by us under clause 17 or clause 18
c.  take your Active Engagement status and
wil  limit our power to seek other remedies from
progress into account in deciding on the
you.
outcome of future funding decisions
19.  Active Engagement
19.4.  If you do not accept your Active Engagement status
we wil , without limiting our rights under this
19.1.  We may place you on Active Engagement if we
Agreement, put you On Notice and the provision
have concerns that you may be facing systemic or
of clause 20 wil  apply.
material issues in any of your four main areas of
operation (quality of delivery of your Approved
19.5.  If you meet the provisions of clause 19.2 and the
Programme, delivery to the Investment Strategy
reasons for the Active Engagement are addressed,
features, financial stability, and/or organisational
we wil  let you know when we have removed the
capability).
Active Engagement status.
19.2.
19.6.  If you do not meet the provisions of clause 19.2(d),
  If we place you on Active Engagement
We wil :
we wil , without limiting our rights under this
Agreement, put you On Notice.
a.
meet with you as soon as reasonably
practicable to discuss our concerns and the
19.7.  If you do not meet the provisions of clause 19.2(e)
potential consequences for you of Active
– (f) or the reasons for the Active Engagement
Engagement status
support are not addressed we wil , without limiting
our rights under this Agreement, stop or suspend
b.  support you to take actions to address the
future payments until change occurs. If insufficient
concerns, noting that the achievement of
change occurs to give us confidence about your
improvements in performance remain your
continued performance, our senior management
responsibility
wil  meet with you to specify our concerns and fully
You wil  agree to:
understand your situation.  If the concerns are stil
not met, we wil  put you On Notice.
c.  notify us in writing within 21 Working Days
of receiving our offer of Active Engagement
19.8.  If we place you on Active Engagement, we may
support, of your acceptance of the offer
discuss you, the Programme and Funding, and/or
your Active Engagement status with any other
d.  work with us to prepare and agree a
agency that funds you and any national and
milestone plan within three calendar months
international presenters who have booked tours
of acceptance of your Active Engagement
with you.
status
20.On Notice
e.  accept a variation to this Agreement to
implement the required changes to Schedule
20.1.  If we put you On Notice, we wil  let you know:
2 and Schedule 3 as a result of your
milestone plan (including monthly reporting
a.  the reasons you have been put On Notice
and payments unless otherwise agreed)
b.  the confirmed new end date for this
f.
Agreement

meet the terms of the milestone plans
within an agreed time frame
c.  your eligibility for future funding
g.  allow us to discuss you, the Programme and
d.  your participation/receipt of other funding
Funding, or your Active Engagement status
opportunities until the conclusion of this
with any other agency that funds you and
Agreement, including capability and
any national and international presenters
international opportunities
who have booked tours with you.
e.  reporting requirements until the end of
19.3.  If you accept your Active Engagement status,
this Agreement (if applicable)
without limiting our rights under this Agreement,
we wil :
20.2.  If we put you On Notice, we may discuss you, the
Programme and Funding, and/or your On Notice
a.  prioritise you for training and capability
status with any other agency that funds you and any
building opportunities on a case-by-case
national and international presenters who have
basis
booked tours with you.
SCHEDULE 3: Arts Council Tōtara Funding Agreement (as amended) with [Organisation Legal Name]

12

21.  Waiver
Words Used in this Agreement
21.1.  Any failure to or decision to delay or not use any
When used in this Agreement, the following terms have the
right, power or remedy in this Agreement wholly
meaning beside them:
or partly wil  not prevent the later use of any such
Word(s)
Meaning
right, power or remedy.
Active Engagement
the status we give you under clause 19.1 if
21.2.
we are concerned about any aspect of your
  Any waiver of a breach wil  only be effective once
operation
this has been confirmed in writing and such waiver
Additional Amounts
any extra funds that we may give you during
does not limit the power to take action for any
the term of this Agreement, except for funds
other breach.
you get from us under any other agreement
Agreed Budget
your budget that we agree to (and any
changes we approve)
Agreed Programme
your programme that we agree to (and any
changes we approve)
Authorised Person
a person with the necessary authority to
enter into a contract on behalf of their
organisation.
Creative New
Creative New Zealand’s secure website
Zealand Portal
where you can prepare and submit
applications, reports and other information
to Creative New Zealand.
Development Goals
Development Goals set out in Schedule 2
(Reporting and Monitoring), or as amended
under this Agreement
Drawdown Schedule
the schedule of payments to you from us as
set out in Schedule 1
End Date
the earliest of the date this Agreement is due
to end as stated in Schedule 1, the date of
termination as set out in an On Notice
notification or other Notice of termination
or any other date agreed between us as the
date the Agreement is to end
Funds/Funding
the amounts from our Arts Council as set
out in the Drawdown Schedule that we give
you over the Term, including any Additional
Amounts.
Funding Period
the period from the Start Date to the
Funding End Date as stated in Schedule 1.
Funding Year
a calendar year within the term of this
Agreement
GST
Goods and Services Tax as set by section
8(1) of the Goods and Services Tax Act 1985
Investment Strategy
Refers to Creative New Zealand’s
Investment Strategy Te Ara Whakamua
2018-2023, Pacific Arts Strategy 2018-2023,
and Te Hā o Ngā Toi Māori Arts Strategy
2019-2024
On Notice
the status we give you under clause 20.1 if
the Arts Council resolves to stop funding
you in line with the provisions in clause 20
Programme
your general business operations and
programme of activities
Programme and
the agreed minimum standards that must be
Budget Expectations
included in your Programme and Budget
submitted in each Funding Year
Special Conditions
the special conditions applying to your
Funding, as set out in clause 3 Schedule 1
Reports
the reports as set out in Schedule 2
(Reporting and Monitoring)
Start Date
the date when this Agreement starts as
stated in Schedule 1
Working Day
Monday to Friday (except Public Holidays
and regional holidays in Wellington and in the
region where you are located)

SCHEDULE 3: Arts Council Tōtara Funding Agreement (as amended) with [Organisation Legal Name]

13

Document Outline