Appendix C.pdf

APPENDIX C
Excerpts from open syndicated agreement for telephone and video interpreting services

1. DEFINITIONS AND INTERPRETATION

1.1 Deﬁnitions: In this Agreement, unless the context requires otherwise:

Dispute Manager means the person speciﬁed as such in the Agency Signature Form or any
replacement person notiﬁed by the relevant party to the other in writing from time to time;

Escalated Dispute Manager means the person speciﬁed as such in the Agency Signature Form or any
replacement person notiﬁed by the relevant party to the other in writing from time to time;

17. DISPUTE RESOLUTION

17.1 Dispute resolution process: Subject to clause 17.6, a party may not commence any court
proceedings relating to a dispute between the parties unless the party has complied with clauses 17.2
to 17.4.

17 .2 Dispute notice: If there is a dispute, diﬀerence, controversy or disagreement between the
Agency and the Service Provider arising out of or connection with this Agreement (including any
disagreement regarding its existence, breach, termination, or interpretation) (a "dispute"), either
party may give the other party notice of the nature and details of the dispute.

17 .3 Negotiation: The parties wil  use their best endeavours to resolve the dispute. If the
dispute is not resolved:

a)  within ﬁve Business Days, the dispute wil  be escalated to the Agency's Dispute Manager and
the Service Provider's Dispute Manager, and, in the case of a dispute involving a Participating
Agency, notiﬁed to the Lead Agency; and
b)  within a further ﬁve Business Days, the dispute wil  be escalated to the Agency's Escalated
Dispute Manager and the Service Provider's Escalated Dispute Manager, and, in the case of a
dispute involving a Participating Agency, notiﬁed to the Lead Agency.

17.4 Mediation: If the dispute is not resolved within 20 Business Days of receipt of the notice of
dispute, either party may by notice to the other party refer the dispute to mediation. If a party refers
the dispute to mediation, they must notify the Lead Agency of the mediation promptly fol owing such
referral. The mediation wil  be in Wel ington and conducted under the Resolution Institute standard
mediation rules. If the parties do not agree on a mediator or the mediator's fees within 5 Business
Days of receipt of the notice of mediation, the mediator wil  be appointed, or the fees set, by the chair
of Resolution Institute (or his/her nominee) at the request of either party. The parties wil  bear the
mediator's fees equally.

17.5 Continued performance: Regardless of any dispute, each party must continue to perform this
Agreement to the extent practicable, but without prejudice to their respective rights and remedies.

17.6 Urgent relief: Nothing in this clause 17 wil  preclude a party from seeking urgent interlocutory
relief before a court.

SCHEDULE 3: LEAD AGENCY SIGNATURE FORM

4. DISPUTE MANAGERS

Lead Agency's Dispute Manager (clause 17.3(a), Terms and Conditions): Andrew Lockhart,
National Manager, Refugee and Migrant Support, Immigration New Zealand,
[email address], +64 9 928 2217

Service Provider's Dispute Manager (clause 17.3{a), Terms and Conditions): [withheld under
s9(2)(a)], CEO and Managing Director, [email address], [withheld under s9(2)(a)]

Lead Agency's Escalated Dispute Manager (clause 17.3{b), Terms and Conditions): Fiona

Whiteridge, General Manager, Refugee and Migrant Services, Immigration New Zealand
Fiona.Whiteridge@mbie.g ovt.nz, +64 4 901 8423.

Service Provider's Escalated Dispute Manager (clause 17.3(b), Terms and Conditions): None
available

SCHEDULE 4: PARTICIPATING AGENCY SIGNATURE FORM

3. DISPUTE MANAGERS

Dispute Manager (clause 17.3(a), Terms and Conditions): [insert name of and contact details for
the Dispute Manager]

Escalated Dispute Manager (clause 17.3(b), Terms and Conditions): [insert name of and contact
details for the Escalated Dispute Manager]

Service Provider’s Dispute Manager (clause 17.3(a), Terms and Conditions):

Lu Tutera
Head of Customer and Partnerships
[email address]
[withheld under s9(2)(a)]

Service Provider’s Escalated Dispute Manager (clause 17.3(b), Terms and Conditions):

Kevin le Roux, Managing Director
[email address]
[withheld under s9(2)(a)]

ANNEXURE A: GOVERNANCE AND REPORTING

1. GOVERNANCE STRUCTURES

1.2 Role of Service Provider’s Representative: The functions and duties of each Service Provider’s
Representatives include:
…

e) Managing any dispute or potential dispute in accordance with the escalation procedure set
out in the Agreement.

…
PARTICIPATING AGENCY TERMS AND CONDITIONS
17. DISPUTE RESOLUTION
17.1 Dispute resolution process: Subject to clause 17.6, a party may not commence any court
proceedings relating to a dispute between the parties unless the party has complied with clauses 17.2
to 17.4.
17.2 Dispute notice: If there is a dispute between the parties in relation to this Participating Agency
Agreement, either party may give the other party notice of the nature and details of the dispute.
17.3 Negotiation: Each party wil  notify the other and the Lead Agency of a dispute on the day that
the dispute arises. The parties wil  use their best eﬀorts to resolve the dispute. If the dispute is not
resolved within ﬁve Business Days, the dispute wil  be escalated to the parties' respective senior
managers and notiﬁed to the Lead Agency.
17.4 Mediation: If the dispute is not resolved within 20 Business Days of receipt of the notice of
dispute, either party may by notice to the other party refer the dispute to mediation. If a party refers
the dispute to mediation, they must notify the Lead Agency of the mediation promptly fol owing such
referral. The mediation wil  be in Wel ington and conducted under the Resolution Institute standard
mediation rules. If the parties do not agree on a mediator or the mediator’s fees within 5 Business
Days of receipt of the notice of mediation, the mediator wil  be appointed, or the fees set, by the
chair of Resolution Institute (or his/her nominee) at the request of either party. The parties will bear
the mediator’s fees equally.
17.5 Continued performance: Regardless of any dispute, each party must continue to perform this
Participating Agency Agreement to the extent practicable, but without prejudice to their respective
rights and remedies.
17.6 Urgent relief: Nothing in this clause 17 wil  preclude a party from seeking urgent interlocutory
relief before a court.