Memoranda of Understanding

An agreement to partnership

Useful Links:

MEMORANDUM OF UNDERSTANDING TUTOHINGA

 

 

 

 

MEMORANDUM OF UNDERSTANDING TUTOHINGA
between RANGITIKEI DISTRICT COUNCIL & Te Tangata Whenua O Rangitikei
Link here >> 

MEMORANDUM OF UNDERSTANDING WITH TE ĀTI AWA KI WHAKARONGOTAI IN RELATION TO WATER

 

 

 

 

MEMORANDUM OF UNDERSTANDING WITH TE ĀTI AWA KI WHAKARONGOTAI IN RELATION TO WATER
Link here >> 

 

Memoranda of Understandings (MOUs), also know as Memoranda of Agreements (MOAs), are an important tool for developing and maintaining partnerships, e.g. between iwi and district/regional councils. MOUs help to formalise and recognise a partnership, and by doing so assist with achieving mutually beneficial outcomes for all parties in a relationship.

MOUs vary in nature and structure, most however include the following:

  • Title;
  • Purpose and background of the partnership, including the goals and objectives;
  • Outline of the principles of the partnership/code of practice: depending on the MOU this may include relevant discussion as to the legal significance of the MOU (if any); the term of the MOU (if applicable); recognition of the requirements of the Treaty of Waitangi and other legislation, e.g. the Resource Management Act 1991; the “ground rules” of the partnership; opportunity for the resolution of disputes; and agreements around intellectual property and information sharing;
  • Working/ Operational features of the partnership: these can include the governance structure of the partnership; representation; resourcing and commitments; and consultation.

A MOU is usually signed and dated by all partners. In addition to the above a MOU may also provide a definition of terms to ensure that all parties understand the different aspects of the MOU.

The legal implications of MOUs are unclear, for the most part MOUs are considered contracts or deeds however they are not considered legally binding. It is advised that partners clarify within the MOU any legal obligations the MOU may carry.

 

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