✨ Quality Assurance Programme Continuation
1356 NEW ZEALAND GAZETTE, No. 55 23 MARCH 2005
(b) any act or omission by the Provider or by any Person for whom the Provider is
responsible, where that act or omission occurs in the course of the Provider performing
(or failing to perform) an obligation under this Notice.
B15. Notification of Problems
B15.1 The Provider must advise the Ministry promptly in writing:
(a) of anything that may or is likely to materially reduce or affect its ability to provide the
Services, including anything relating to any premises or equipment used by the
Provider or the Provider’s key staff;
(b) if the Provider materially fails to comply with any of its obligations under this Notice;
(c) of any serious complaints or disputes that directly or indirectly relate to the provision of
the Services; and
(d) of any issues concerning the Services that might have high media or public interest.
B15.2 The Provider must have in place realistic and reasonable risk management processes and
contingency plans to enable the Provider to continue to provide the Services on the
occurrence of any of the matters in this clause B15, and must provide the Ministry with details
of those plans if so requested.
B16. Public Statements and Advertising
B16.1 Neither the Ministry nor the Provider may either directly or indirectly criticise the other
publicly, without first fully discussing the matters of concern with the other in good faith and in
a co-operative and constructive manner. Nothing in this clause prevents either the Ministry or
the Provider from discussing any matters of concern with their respective staff,
subcontractors, agents or advisers.
B16.2 The Provider must not use the Ministry’s name or logo without the Ministry’s prior written
consent and then only in accordance with the Ministry’s instructions.
B17. Dispute Resolution
B17.1 If the Ministry or the Provider has any dispute with the other under this Notice then:
(a) the Ministry and the Provider will use their best endeavours to settle the dispute by
agreement; and
(b) if the dispute is not settled by agreement within 20 Working Days, then, unless it is
agreed otherwise, either party may (by written notice to the other) require that the
dispute be submitted for mediation by a single mediator agreed by the Ministry and the
Provider, or if the Ministry and the Provider cannot agree on a mediator, a mediator
nominated by LEADR or if LEADR no longer exists or is unable to nominate a
mediator, the President for the time being of the New Zealand Law Society. In the
event of any such submission to mediation:
(i) the mediator will not be deemed to be acting as an expert or an arbitrator;
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 2005, No 55
Gazette.govt.nz —
NZ Gazette 2005, No 55
✨ LLM interpretation of page content
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Quality Assurance Programme
(continued from previous page)
🏥 Health & Social WelfareQuality Assurance, Complaints Procedure, Audit, Provider Obligations, Ministry of Health, Notification of Problems, Public Statements, Advertising, Dispute Resolution