Health Service Provider Agreement Clauses




1390

NEW ZEALAND GAZETTE, No. 55

23 MARCH 2005

(ii) the mediator will determine the procedure and timetable for the mediation;

(iii) the cost of the mediation will be shared equally between the Ministry and the Provider (unless otherwise agreed).

(c) If the dispute is not settled by mediation in accordance with clause B17.1(b), then either party may commence proceedings in the District Court.

B17.2 The Ministry and the Provider will continue to comply with all their obligations under this Notice until the dispute is resolved.

B17.3 This clause B17 does not apply to any dispute concerning:

(a) whether or not any Person is an Eligible Person;

(b) variation or revocation of this Notice.

B18.

Uncontrollable Events

B18.1 Neither the Ministry nor the Provider affected by an Uncontrollable Event will be in default under the terms of this Notice if the default is caused by that Uncontrollable Event. The Ministry or the Provider must:

(a) promptly given written notice to the other specifying:

(i) the cause and extent of the party’s inability to perform any of the party’s obligations; and

(ii) the likely duration of the non-performance; and

(b) in the meantime, take all reasonable steps to remedy or reduce the impact of the Uncontrollable Event.

B18.2 Neither party is obliged to settle any strike, lock out or other industrial disturbance.

B18.3 Performance of any obligation affected by an Uncontrollable Event must be resumed as soon as is reasonably possible after the Uncontrollable Event ends or its impact is reduced.

B19.

Confidentiality

B19.1 Except as provided under this Notice, neither the Ministry nor the Provider may disclose any Confidential Information to any Person. Either the Ministry or the Provider may publish this Notice, in any media, including publication on the internet.

B19.2 Subject to clause B19.3, either the Ministry or the Provider may only disclose Confidential Information:

(a) to those involved in the provision of Services under this Notice, where necessary;

(b) to the Ministry or the Provider’s respective professional advisors and representative agents;



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 2005, No 55


Gazette.govt.nz PDF NZ Gazette 2005, No 55





✨ LLM interpretation of page content

🏥 Dispute Resolution and Confidentiality Clauses (continued from previous page)

🏥 Health & Social Welfare
Dispute resolution, Mediation, District Court, Uncontrollable Events, Confidentiality, Health Services, Ministry of Health, Provider Responsibilities