Creative New Zealand Grant Agreement
Te Kirimana mō te Putea Tautoko a Toi Aotearoa
INTRODUCTION
This is a legal agreement. It explains what you need to do when you receive a
grant from Creative New Zealand.
It applies to you, the project described below, and your use of the grant offered
by us to complete that project:
Name
Description of the project
Your application number
Amount of the grant offered to
you
When you will start your project
When you will finish your project
Please read this Agreement careful y. If you don’t understand or you are
unsure about parts of it, ask someone you trust for advice.
If you have any questions or need any help to accept the Agreement, you can
contact your
Contact Person.
Your Contact Person is:
What this Agreement includes
This Agreement has seven sections.
1. How this Agreement applies
2. How we wil work together
3. What you need to do when you receive a grant
4. What happens if we can’t do what we’ve agreed to do
5. How to accept the grant and what this means
6. Your payment information so we can pay you the grant
7. How to return this Agreement to Creative New Zealand
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Completing and returning this Agreement
You have up to 12 months to complete the information we need, sign and
return this Agreement to Creative New Zealand.
If you don’t send this Agreement back to Creative New Zealand within
12 months, you might not be able to receive your grant.
Once you have read al the terms of this Agreement, and you agree to the
terms, you can accept this Agreement by
signing at section 5.
Fol ow the
instructions under section 6 and section 7 to return this Agreement to us.
1. HOW THIS AGREEMENT APPLIES
1.1 Payment of the grant
a. We wil pay your grant into the bank account that you give Creative New
Zealand under section 7 of this Agreement. Please remember to fil in the
details.
b. Creative New Zealand doesn’t usual y pay grants more than 3 months
before your project starts.
c. Please give Creative New Zealand your GST number, if you are registered
for GST, so we can add this to your grant.
d. You are responsible for paying any taxes relating to this grant.
1.2 Using the grant
a. You can only use the grant for the project you submitted in your original
application (under the listed application number).
b. If any of the details change from your original application, you need to
discuss this with Creative New Zealand as soon possible. We wil decide if
we can stil offer you the grant and let you know in writing.
c. The project must be completed within the start and finish dates that are
listed. If these details change, you need to let Creative New Zealand know.
d. The start and finish dates of your project must be within a 12 month
period. If your project is going to take longer than 12 months, or you are
late getting started, please let Creative New Zealand know why and we
can consider giving you more time to finish it.
e. If you have been offered a smal er grant than you requested, we might ask
you to send us a new budget.
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f. Make sure you let Creative New Zealand know if any of your contact
details change.
2. HOW WE WILL WORK TOGETHER
2.1 Our values
Under this Agreement, we both agree to:
• act with honesty and in good faith
• keep communication between each other open and ongoing
• work in a col aborative and positive way
• recognise and respect each other’s responsibilities, accountabilities and
independence
• encourage quality and innovative outcomes.
2.2 If a disagreement happens
Both Creative New Zealand and you agree that, if a disagreement happens
between us to do with this Agreement, we wil try to find a solution by talking
with each other in good faith. If we can’t agree on a solution in a reasonable
amount of time, Creative New Zealand wil ask an independent mediator to
help solve the problem.
2.3 Legal relationship between you and Creative New Zealand
This Agreement between you and Creative New Zealand is only about your
project as described in section 1. It does not mean we are creating an ongoing
partnership, joint venture, employee–employer relationship, or a relationship
where Creative New Zealand or yourself can make decisions on behalf of the
other.
3. WHAT YOU NEED TO DO WHEN YOU RECEIVE A GRANT
3.1 Make sure you understand your legal responsibilities when you receive a
grant and get advice from someone you trust, if you need to
a.
General responsibilities: Your project must meet al New Zealand laws,
bylaws, regulations, industry codes of practice, ethical and professional
standards, as wel as any licensing and consent requirements that apply to
you and your project.
b.
Health and safety requirements: You must make sure you understand,
and your project meets, al New Zealand health and safety laws,
regulations, industry codes of practice and that you apply best operating
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procedures. You agree that you may be responsible for other people who
are involved with your project.
c.
Protection of young people and vulnerable adults: If your project means
you must fol ow the law under the Children’s Act 2014, you agree you wil
do so including having in place a child protection policy. You also agree to
complete appropriate safety checks for existing and new children’s
workers who you employ or engage.
3.2 Record keeping and reporting responsibilities
a. You wil keep records to show how your grant money was spent.
b. You wil also keep records to show how health and safety requirements
and child protection and vulnerable persons requirements (if appropriate)
were met.
c. When you have finished your project, you wil complete a report tel ing
Creative New Zealand about it. This needs to be sent through the Creative
New Zealand Portal no later than 8 weeks after your project completion
date. You can find more information about the Portal in the Portal User
Guide:
https://portalhelp.creativenz.govt.nz/help/report.
d. In your report, you wil need to tel Creative New Zealand:
• how your project went
• who was involved
• financial information
• any additional support information you might like to share about the
project.
3.3 Creative New Zealand’s right to check records
a. Creative New Zealand can ask for the records and report mentioned under
section 3.2 and should be able to see them at any time that is reasonable.
b. The reason for keeping ful and accurate records is because your grant is
funded by public money and Creative New Zealand has a responsibility to
make sure this money is being used wel . The report you send Creative
New Zealand when you finish your project helps us to understand the
benefits of the project to New Zealanders.
c. If we share this information with others, it wil not identify who you are
unless you agree we can do this.
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d. If we think we need to, we can ask an independent financial auditor to
review your financial information. If this happens, it would be at our
expense, but you must provide the auditor with any information they
might ask to see.
e. If we stil haven’t received your completion report more than 12 weeks
after your project is finished, we wil describe your project as a ‘
Default
Event’. This means that:
• a permanent note wil be added to your electronic file history
• any current or upcoming grants won’t be paid to you until your
report is received
• you won’t be able to apply for any more grants or other
opportunities for at least 6 months after we receive your report
• we might ask you to repay your grant
• we might ask a debt col ection agency to get back the grant plus
col ection costs from you.
f. You must hold on to your records and report even after this Agreement
has ended. We may stil ask you for these records and the report even
after this Agreement has ended.
3.4 Acknowledgment of Creative New Zealand funding
a. You need to acknowledge Creative New Zealand in al your marketing,
promotional activities and published materials that are a result of, or
about, your project. This might include things such as advertisements,
media releases, posters, books, music scores, film credits, catalogues and
album covers.
b. If you are holding an event and you or someone connected to your project
is providing a speech, they need to acknowledge Creative New Zealand.
This might include things like openings of festivals, book launches or
exhibitions.
c. If your project is part of a programme of activities, Creative New Zealand
should be acknowledged specifical y for your project as part of the bigger
programme.
d. You wil find guidelines about acknowledging Creative New Zealand
support on our website:
www.creativenz.govt.nz/about-creative-new-
zealand/logos.
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e. If you need help with acknowledging Creative New Zealand’s support,
please contact your
Contact Person whose contact details are at the
beginning of this agreement.
3.5 Creative New Zealand’s publicity rights
a. You agree that we can publish your name, a description of your project
and the amount of your grant. We may also include a short description of
and extracts from the project in our media releases and publications
including on our website.
b. If your project is a ticketed event, you need to offer Creative New Zealand
a minimum of two complimentary tickets.
3.6 Assignment and people involved
a. You can’t transfer this grant or your rights and responsibilities as outlined
in this Agreement to anyone else unless Creative New Zealand agrees in
writing.
b. You wil let Creative New Zealand know if anyone listed in your application
is no longer involved in the project. If you are a company, partnership or
any other incorporated or unincorporated organisation, this includes
anyone responsible for managing or governing it.
3.7 Official Information Act responsibilities
As a Crown entity, we comply with the Official Information Act 1982 and
may need to share information we hold about you with another person, if
they ask for it under this Act.
4. WHAT HAPPENS IF WE CAN’T DO WHAT WE’VE AGREED TO DO
4.1 Force Majeure
a. Sometimes an event may occur outside of your or Creative New Zealand’s
control that neither of us could have reasonably expected to happen.
Sometimes such an event may stop us from being able to do what we said
we would do under this Agreement. This is known as a ‘
Force Majeure’
event.
b. Force Majeure events include things like fire, earthquakes and floods as
wel as pandemics, government restrictions and acts of war.
c. Force Majeure events do not include:
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• things that happen that could have been avoided by having good
planning or safeguards, whether by yourself or other people you are
responsible for under this Agreement; or
• a lack of funds in any way, including becoming insolvent or bankrupt.
d. You or Creative New Zealand wil not be expected to complete the
responsibilities of this Agreement if either of you are affected by a Force
Majeure event, while that event is taking place.
e. If you or Creative New Zealand experience a Force Majeure event, we
must: let each other know as soon as possible, explain what the Force
Majeure event is, how it affects our Agreement including any parts that
might not be able to be completed or met, and how long this might go on
for.
f. Whichever person is claiming Force Majeure must do everything they can
to reduce the impact on the other, including keeping them up to date
about what steps have been taken and are planned. They must try to
meet the requirements in this Agreement as much as possible.
g. Once the Force Majeure event has ended, the project needs to begin
again within 3 months. If restarting wil take longer than this, Creative
New Zealand might ask that an extra Agreement is made or, if the project
cannot be restarted or completed, that the grant be refunded.
4.2 Default Event
a. In the ‘Creative New Zealand’s right to check records’ section of this
Agreement, we explained what a ‘
Default Event’ is.
b. In addition to this, a ‘
Default Event’ may also occur:
• at any time Creative New Zealand believes you are not meeting any
of your responsibilities under this Agreement
• if you behave in a way that Creative New Zealand believes reflects or
could reflect badly on Creative New Zealand, including potential y
damaging Creative New Zealand’s reputation
• if you abandon or state your intention to abandon the project.
c. If a Default Event occurs, we wil tel you and give you 14 days to fix it.
d. If you do not fix it within this time, we might:
• stop your grant for this project or any other project or opportunity
we are funding you for
• cancel this Agreement
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• ask you to repay your grant
• ask a debt col ection agency to get back the grant and any col ection
costs from you.
e. If a Default Event occurs, we wil include a permanent note in your
electronic file history that this happened.
f. You won’t be able to receive any other grants or apply for any more grants
or opportunities for at least 6 months after you have resolved the Default
Event.
4.3 Termination
If Creative New Zealand cancels this Agreement because what you have agreed
to do has not occurred, this wil not end any responsibilities you might stil have
to Creative New Zealand, including record keeping and reporting.
5. HOW TO ACCEPT THE GRANT AND WHAT THIS MEANS
5.1 How to accept
a. You can accept this Agreement by signing in the space provided at section
5.4 of this Agreement.
b. You can do this by:
i.
signing the Agreement electronical y on Adobe Acrobat Reader and
emailing the Agreement back to us; or
i .
printing the Agreement, signing it with a pen, and scanning and
emailing the Agreement back to us.
c. If you are under 18 years old when you sign this Agreement, you must also
have it signed by an adult who you have known for more than 12 months.
d. The address for returning the Agreement to Creative New Zealand is listed
under section 7 of this Agreement.
e. If you need to, you can download Adobe Acrobat Reader from the Adobe
website:
https://get.adobe.com/reader.
f. If you need help with signing this Agreement, please contact your
Contact
Person whose contact details are at the beginning of this agreement.
5.2 What you are agreeing to
When you sign this Agreement, you:
a. agree to al the terms of this Agreement and any extra requirements that
might have been included in the email that came with this Agreement
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b. agree you are responsible for meeting the requirements of this Agreement
c. agree you are not receiving funding for the same project from another
funder. If we think this might have happened, you agree we can share
information with other funders to check
d. agree that, if you have received a previous Creative New Zealand grant, you
have completed everything we asked you to do
e. agree that you or anyone else listed in your application for funding has not
been convicted of a crime involving fraud or dishonesty in the past seven
years or is an undischarged bankrupt. If you are a company, partnership or
any other incorporated or unincorporated organisation, this includes
anyone responsible for managing or governing it.
5.3 What you are confirming
When you sign this Agreement, you also confirm that now and in the future:
a. al the information you share with Creative New Zealand is true and
complete
b. you have and wil hold the rights, licences and al consents required to
enable the project to be completed. This might include permission to film
in a public place or the right to access private property
c. completing the project wil not break or ignore the rights of copyright,
rights of privacy, moral rights or any other rights of another person or
group. Your project wil not include anything that is offensive or insulting
to others.
5.4 Signature
Your signature to confirm you agree to the terms and accept this Agreement
Signature
Date
Full name
6. YOUR PAYMENT INFORMATION SO WE CAN PAY YOU THE GRANT
Please provide us with the fol owing information so we can pay you the grant.
Your contact details
Your full and legal name
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(this means the official registered
name of the person or entity, for tax
purposes)
Your entity’s trading name (if this is
applicable)
GST number (if you are GST
registered)
Postal or physical address:
[Street address]
[Suburb]
[City]
[Postcode]
[Country]
Email address
(to confirm payment information)
Phone number or mobile number
Your bank account
Account holder’s name
(this should match the legal name or
trading name given in the above
section)
Bank name
Bank account number
Please provide proof of your bank account number when you return this
Agreement
The proof must include:
- the account holder’s name
- the bank name
- the ful bank account number (bank, branch, account number and suffix).
The proof can be one of:
- a pre-printed bank deposit slip
- a bank statement or bank receipt
- a letter from the bank, signed and stamped by the bank
- an internet banking printout, print screen or image capture, identifying
the bank with URL clearly visible
- an ATM printout
- hand-written bank account evidence, signed and stamped by the bank.
If you are GST registered, you wil also need to provide proof of GST
registration
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The proof must include:
- the GST number
- the registered name of the person or entity.
The proof can be one of:
- a letter from IRD regarding a GST matter
- a copy of the latest GST return
- a printout, print screen or image capture from MyIR identifying GST as a
tax type registered.
Payment can’t be made unless you give us al the information required.
You don’t need to provide proof of GST registration if you aren’t GST
registered.
7. HOW TO RETURN THIS AGREEMENT TO CREATIVE NEW ZEALAND
When you have signed this Agreement at section 5, fil ed in your payment
details at section 6, and added al the information we need, please send a
signed copy back to Creative New Zealand:
•
by email to: [email address]
•
or post to: Funding Services, Creative New Zealand, PO Box 1425, Shortland
Street, Auckland 1140.
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