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Public Safety (Public Protection Orders) Act 2014

Procedural, administrative, and miscellaneous matters - Matters relating to management or administration - Residence management contracts

131: Requirements of residence management contracts

You could also call this:

"What a contract to manage a residence must include"

Illustration for Public Safety (Public Protection Orders) Act 2014

When you have a contract to manage a residence, it must include some important details. You must have objectives and performance standards for managing the residence and caring for the people who live there. These standards must be at least as good as the ones used by the government.

You also need to appoint a suitable person to be in charge of the residence, and this person must be approved by the chief executive. You must have enough staff to do your job properly and meet your obligations. Your contract must also say that you will follow the rules of the Public Safety (Public Protection Orders) Act, the New Zealand Bill of Rights Act 1990, the Public Records Act 2005, and international obligations and standards.

You must follow the rules about personnel and equal employment policies, as outlined in sections 73 and 74(2) of the Public Service Act 2020, as if you were a government department. This means you must treat all your staff fairly and make sure they are employed in a fair way. You must do all these things when you have a contract to manage a residence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4751267.

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130: Management of residences under contract, or

"The government can hire someone to run a residence and be in charge of it for them."

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132: Delegation of powers and functions of contractor, or

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Part 2Procedural, administrative, and miscellaneous matters
Matters relating to management or administration: Residence management contracts

131Requirements of residence management contracts

  1. Every residence management contract must provide for—

  2. objectives and performance standards for the contractor in relation to the management of the residence that are no lower than the standards applicable to residences managed by the department; and
    1. objectives and performance standards for the contractor in relation to the management and care of residents in the residence that are no lower than the standards applicable to residents in residences managed by the department; and
      1. the appointment or engagement by the contractor of—
        1. a suitable person as manager of the residence, which appointment or engagement must be subject to approval by the chief executive; and
          1. sufficient suitable staff members to enable the contractor to carry out the contractor's statutory and contractual obligations in relation to the residence.

          2. Every residence management contract must impose on the contractor, in relation to the management of the residence, a duty to comply with—

          3. the requirements of this Act, of any regulations made under this Act, and of any instructions or guidelines, in so far as those requirements are applicable to the contract residence; and
            1. the requirements of the New Zealand Bill of Rights Act 1990, as if the residence were a residence managed by the department; and
              1. the requirements of the Public Records Act 2005, as if records relating to the residence and to residents in the residence were records created or received by the department; and
                1. all relevant international obligations and standards; and
                  1. the requirements of sections 73 and 74(2) of the Public Service Act 2020 (which relate to personnel and equal employment policies), as if the contractor were the chief executive of a department within the meaning of that Act and as if those requirements applied, not only in respect of employees of a contractor, but in respect of all staff members of a contract residence.

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                    Notes
                    • Section 131(2)(e): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).