1 Background
1.1 The Ministry of Environment (MfE) has established a framework to enable Users to obtain Advice from industry experts in relation to the implementation of the Essential Freshwater Package. MfE has appointed the Broker to facilitate the provision of such Advice.
2 Definitions
2.1 In these terms:
(a) Advice means services provided by an Expert to a User in relation to the Essential Freshwater Package.
(b) Broker means Beca Limited.
(c) Essential Freshwater Package means the package of legislative and regulatory reforms introduced to protect and improve Aotearoa’s rivers, streams lakes and wetlands and includes the following:(i) the Resource Management (National Environmental Standards for Freshwater) Regulations 2020; (ii) the Resource Management (Stock Exclusion) Regulations 2020; (iii) the Resource Management (Measurement and Reporting of Water Takes) Amendment Regulations 2020; (iv) the National Policy Statement for Freshwater Management 2020; and (iv) other reforms to the Resource Management Act 1991.
(d) Expert means a person or entity appointed to provide the Advice from the Broker’s panel of Essential Freshwater Package experts.
(e) Personal Information has the meaning given to it under the Privacy Act 2020.
(f) Platform means the website, email, phone platform or other method designated by the Broker for Users to request Advice.
(g) Request means a request for Advice from a User.
(h) User means a party requesting advice through the Platform.
3 Application of User terms
3.1 By submitting a Request to the Broker through the Platform, the User agrees to be bound by these terms and conditions.
4 Requesting Advice
4.1 Users may submit Requests from time to time.
4.2 Requests from Users must contain sufficient detail to enable the Broker to identify and appoint an appropriate Expert to provide Advice in response to a Request.
5 Appointment of Expert
5.1 Following receipt of a Request from a User through the Platform, the Broker shall review the Request and may (at its discretion without having an obligation to do so) appoint an appropriate Expert to provide the required Advice within a reasonable time, having regard to the availability of appropriately qualified Experts, the demand for Advice and whether the User has previously received any Advice from an Expert.
5.2 Where the Broker requires further information to determine which Expert should be appointed to provide the Advice required by a Request, the Broker may contact the User to seek further information or clarification as required.
5.3 Following the appointment of an Expert, Users will be contacted directly by the Expert to obtain any further information required to provide the Advice and to complete an engagement form, under which the Expert will provide the Advice to the User.
6 Use of Advice
6.1 Users may only obtain Advice for their own personal, ‘internal’ and non-commercial use. Under no circumstances shall Users be entitled to re-sell, re-distribute, or re-package any Advice received from an Expert for commercial gain.
6.2 The User acknowledges and agrees that the Broker and/or the MfE may, in their reasonable discretion, publish the Advice provided to the User as part of a public knowledge database relating to the Essential Freshwater Package.
7 Disclaimers and Limitations of Liability
7.1 The services provided by the Broker are solely for the purpose of connecting Users with Experts to provide Advice required by a Request. Neither the Broker nor MfE make any representations or warranties to the User regarding any Advice provided by an Expert, or that that Advice is, or will be, suitable for any purpose.
7.2 Neither the Broker, nor MfE, shall have any liability to any User for any loss, damage, cost or liability, however arising, in relation to any Advice, or the relevant User’s reliance on any Advice.
7.3 The User waives all rights to make any claim against the MfE and/or the Broker arising from or in connection with any Request and/or provision of Advice.
8 Fees
8.1 The User will not be charged any fees for the Advice provided by the Expert, or for the services provided by the Broker. The fees for the provision of Advice will be paid by the Broker to the Expert.
9 Privacy
9.1 In processing Requests from Users, the Broker shall comply with the Privacy Act 2020 when collecting, using, storing and disclosing Personal Information.
9.2 By submitting a Request, the User consents to any Personal Information that it has submitted to the Broker through the Platform being:
(a) used by Broker for assessing the suitability of an Expert to provide the relevant Advice;
(b) shared with any Expert the Broker proposes to appoint to provide the Advice sought by the User’s Request;
(c) used by the Broker, or any Expert appointed to provide the Advice, for the purpose of contacting the User;
(d) shared with MfE by the Broker to comply with the Broker’s record keeping and reporting obligations to MfE and/or performance of any other obligations the Broker may have, and used by MfE for the purposes of the Essential Freshwater Package; and/or otherwise collected, stored, used and shared in accordance with the Broker’s privacy statement https://www.beca.com/pages/privacy-statement.
10 Complaints
10.1 Complaints by the User in relation to any Advice may be raised:
(a) under the terms of the User’s agreement with the Expert; or
(b) directly to the Broker by contacting [Enable JavaScript to view protected content].
11 Governing Law
11.1 These terms shall be governed by and construed in accordance with the laws of New Zealand. Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the New Zealand courts.
12 Amendments
12.1 The Broker may amend these terms at any time. Any amendments will be effective immediately upon posting on the Broker’s website or other designated Platform. The User’s continued use of Platform and/or any Advice it has received from an Expert will constitute acceptance of the amended terms.
13 Privity
13.1 The promises and obligations of the User under these terms are intended to be for the benefit of and enforceable by the MfE under sections 10 to 20 of the Contract and Commercial Law Act 2017.
14 Feedback
14.1 The User consents to being contacted by the Broker for the purposes of getting feedback about the Expert and the Advice it received.