WMC Procedure Schedule




5 JULY 2011 NEW ZEALAND GAZETTE, No. 93 2701

37

SCHEDULE 4

WMC Procedure

  1. Role of WMC: Genesis Energy and Meridian wish to have a constructive, open process to address resource management and water management issues of mutual interest, including certain third party claims, that may arise from time to time. The WMC shall conduct such meetings and attempt to resolve any matters before it in accordance with its purpose in clause 4 of the main body of this agreement.

  2. Constituency: The WMC shall consist of:

    (a) a senior manager responsible for environmental/operational matters associated with the management of the Waitaki Power Scheme; and

    (b) one other representative,

    of each party ("WMC Representatives"). Each party shall be entitled to appoint a WMC Representative and remove any person appointed as that party’s WMC Representative by it and appoint another WMC Representative, provided that:

    (c) Every person appointed by a party as a WMC Representative shall be, to the other party’s reasonable satisfaction, of a sufficiently senior level within the appointing party’s organisation to enable that person to actively assist the WMC with fulfilling its purpose in clause 4 of the main body of this agreement;

    (d) Each appointment and removal of a person as a WMC Representative must be effected by notice in writing to the other party;

    (e) Prior to the Commencement Date, the parties will each notify each other of their initial WMC Representative;

    (f) Each party may (in the same manner provided in clause 2 of this Schedule, and provided that subclause 2(c) is complied with) appoint a person as an alternate for the WMC Representative appointed by it from time to time and remove any person so appointed and appoint another person in his place. An alternate will be entitled to attend any meeting of the WMC which is not attended by the WMC Representative whose alternate he or she is, and to exercise all powers of that WMC Representative to the extent that that WMC Representative has not exercised them.

  3. Meetings: The parties shall cause the WMC to meet:

    (a) no less frequently than at annual intervals unless the parties agree in writing that a particular meeting is not necessary;

    (b) when either party is considering changes in operational procedures that may materially affect the other party’s operation of its part of the Waitaki Power Scheme;

    (c) when either party is planning on submitting comment on any document or proposal governed by the RMA, where those matters may, in the opinion of either party, may materially affect the operation of this agreement, the Waitaki Operating Rules the ability for either party to comply with its Resource Consents;

    (d) to discuss in good faith the parties’ respective liability for Claims in accordance with clause 13.2 of the main body of this agreement;



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Online Sources for this page:

Gazette.govt.nz PDF NZ Gazette 2011, No 93





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🌾 WMC Procedure and Constituency (continued from previous page)

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WMC, Procedure, Constituency, Waitaki Power Scheme, Meetings