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Grant Terms and Conditions

Background

Te Pou Ltd (Te Pou) administers a range of grants to support workforce development. They include grants to help people complete training, leadership and skill development activities and courses.

Applications for grants are received and accepted online only through the Te Pou online grants portal (Grants Portal). Full details of each grant are provided on the Te Pou website.

Terms and Conditions for All Grant Applications

1 - Funding

1.1 Applications for grants cannot be considered if the applicant(s) is already funded by other agencies, or if they are in receipt of other grants from Te Pou or any other organisation for the activity the application relates to.

1.2 Grant funding is for one-off proposals only.

1.3 All applications for grants will be assessed against the grant’s eligibility criteria and the grant’s priorities described on the Te Pou website. If necessary the grant funder (for example Te Whatu Ora) will be consulted.

1.4 Grants may be assessed by a range for people with relevant knowledge and experience, including staff of Te Pou, the grant funder and sector representatives.

1.5 Applications for funding must be inclusive of GST.

1.6 All decisions on grant applications are final and no correspondence will be entered into. However, if an applicant believes their application was declined due to a procedural error, they may submit a written request for review within 10 business days of notification of their grant application outcome. Te Pou will consider such requests on a case-by-case basis. This process does not guarantee the application will be reconsidered.

1.7 Te Pou accepts applications at different times of the year. It is the responsibility of the applicant to ensure they are aware of opening and closing dates and times, which are published on the Te Pou website. Application deadlines are in New Zealand Time.

1.8 Te Pou strongly advises that applications are submitted on the Grants Portal at least 3-7 days before the advertised closing time.

1.9 Te Pou does not accept responsibility for technical problems experienced by applicant(s) applying through the Grants Portal if the problems are unrelated to the Grants Portal itself.

1.10 Late applications will not be accepted.

2 - Background checks

2.1 Te Pou reserves the right and applicants agree that Te Pou is authorised to carry out a background check of any applicant organisation to confirm:

  • its legal status
  • the ongoing financial viability of the organisation
  • with other government departments or Crown entities to ensure the organisation is not receiving duplicate funding from any source for the activity the application relates to.

2.2 If Te Pou makes a request for an applicant to provide further information to assist in background checks, the applicant should do so promptly or before any grant round closes, where the is an application from the organisation.

2.3 Only New Zealand registered organisations,citizens or permanent residents can receive grant funding from Te Pou, unless alternative arrangements have been agreed with the grant funder and Te Pou. Te Pou may require evidence of resident status from grant Recipients and this must be provided if requested.

2.4 Applicants must disclose any actual or perceived conflicts of interest when applying for a grant. Te Pou reserves the right to assess whether a conflict of interest affects eligibility or grant approval.

2.5 Individual applicants must be at least 18 years of age at the time of application to be eligible for grant funding. Te Pou reserves the right to request proof of age from applicants

3 - Information and privacy

3.1 Information relating to an applicant that Te Pou collects from either that applicant or otherwise (including, without limitation to, the application form, bank account details and identity documents) will be stored by Te Pou in accordance with statutory and other requirements, and may be accessed by the applicant in accordance with the Privacy Act 2020.

3.2 Applicants may request corrections to their information and Te Pou shall respond to such requests in accordance with the Privacy Act 2020.

3.3 The information collected will be used to process applications and enable Te Pou to report to government and other entities in the health sector including (without limitation) the grant funder.

3.4 All information supplied by the applicant in their grant application and any related documentation must be true, complete, and accurate to the best of their knowledge. If Te Pou becomes aware that false, misleading, or incomplete information has been provided, Te Pou reserves the right to decline the application, withdraw any approved funding, and/or require repayment of any disbursed funds.

3.5 If a grant funder requires Te Pou to transfer a grant to a different agency, Te Pou will facilitate the transfer and notify the original grant recipient (the Recipient). The Recipient may be contacted by the new agency regarding the grant. All original terms and conditions of the grant will remain unchanged. Te Pou reserves the right to manage the transfer process in accordance with grant funder requirements.

4 - Liability

4.1 Te Pou shall not be responsible for any loss whatsoever (perceived or otherwise) suffered by an applicant as a result of their involvement in the application or grant process including without limitation any loss incurred as a result of that applicant’s application being declined.

Terms and Conditions for Successful Applicants

These terms and conditions (Terms) set out the terms that will apply to any grant agreed between Te Pou and a Recipient through the Grants Portal. Details of individual grants, approved by Te Pou and accepted by the Recipient, will be stored on the Grants Portal as a numbered successful application (the Successful Application). The Successful Application will include the grant’s purpose, type, value, and timeframes for reporting.

The grant must be spent in accordance with these Terms and the Successful Application.

These Terms will be binding once Te Pou has offered a grant and it has been accepted by the Recipient through the Grants Portal.

5 - Payment

5.1 Te Pou will pay the grant to the Recipient on these Terms and those set out in the Successful Application.

5.2 Te Pou will arrange payment of the grant to the Recipient either upon receipt of a suitable tax invoice on the Recipient’s letterhead and receipt of the bank details of the Recipient, or the grant will be paid directly to the Recipient on confirmation of the Recipient’s bank details, depending on the type of grant.

5.3 Where an invoice is required it must include the purchase order number, as advised by Te Pou, and be submitted electronically through the Grants Portal. Approved invoices will be paid by the 20th of the following month.

5.4 As the payment is a grant the amount paid by Te Pou to the Recipient is inclusive of GST. GST and income tax obligations are the responsibility of the Recipient.

6 - Purpose for which Grant is to be held and applied in relation to Grants to Organisations

6.1 The Recipient will hold the grant as trustee for Te Pou and apply the grant for the following purposes and on the following conditions:

6.1.1 The grant is to be applied strictly for the learning activity participants in accordance with the purpose set out in the Successful Application.

6.1.2 The Recipient will consult and agree with Te Pou on any additional costs in respect of which the grant may be applied. The Recipient must obtain agreement from Te Pou in writing before applying any grant funds to any such costs.

6.1.3 The Recipient will use its best endeavours to ensure that the grant is utilised in a cost effective manner so as to ensure the Participant(s) derive(s) the maximum benefit from the learning activity or project.

6.1.4 The Recipient will ensure that any unused portion of the grant is returned to Te Pou once the Participant(s) has/have completed the learning activity or project.

7 - Participants in relation to Grants to Organisations only

7.1 If any of the approved participants become unable or unwilling to attend the learning activity or the Recipient has not attained the minimum number of participants prior to the final reporting date, then the Recipient will notify Te Pou to discuss and agree on the use of the remaining grant, which may including returning any unused funds to Te Pou.

7.2 If a replacement participant is available and is able to be enrolled in the learning activity, the Recipient will provide Te Pou with details of the proposed replacement participant via email for Te Pou to review and approve.

7.3 If, at absolute discretion of Te Pou, no suitable replacement participant can be identified, Te Pou shall notify the Recipient and the Recipient may be required to return any unspent portion of the grant to Te Pou as at the final reporting date.

7.4 Grants awarded to organisations are non-transferable. The Recipient may not assign, transfer, or otherwise allocate the grant, in whole or in part, to any other person or entity. If the Recipient is unable to use the grant for its intended purpose, they must notify Te Pou immediately and return any unspent funds.

8 - Project

8.1 If the purpose of a grant is completion of a project as outlined in the Successful Application, the approved project will include an evaluation of the project’s outcomes.

8.2 If for any reason it is not possible to complete the project, or if there is a material variation to the project, then the Recipient will notify Te Pou by emailing grants@tepou.co.nz with a view to agreeing on the use of the remaining grant money. Notification by the Recipient will include full details of the variation, or full details of the proposed replacement project, for Te Pou review and approval.

8.3 If in the absolute discretion of Te Pou the project variation is not appropriate, or if no suitable replacement project has been identified, Te Pou shall notify the Recipient and the Recipient may be required to return any unspent portion of the grant to Te Pou.

8.4 Where a project funded by Te Pou results in the creation of intellectual property (such as reports, training materials, or research), the Recipient retains ownership of the intellectual property unless otherwise agreed. However, Te Pou shall have a non-exclusive, royalty-free, perpetual license to use, modify, and distribute the materials for workforce development purposes. Te Pou will acknowledge the Recipient’s contribution where appropriate.

9 - Grants made to Individuals

9.1 The Recipient will use their best endeavours to ensure that the grant is utilised in a cost effective manner so as to ensure they derive the maximum benefit from the learning activity or project.

9.2 The grant is to be applied strictly for the purpose for meeting costs to enable the Recipient to participate in training and/or course costs or other agreed costs as set out in the Successful Application.

9.3 The Recipient will ensure that any unused portion of the grant is returned to Te Pou once the Participant(s) has/have completed the learning activity or project.

9.4 If the Recipient withdraws from or becomes unable or unwilling to attend any part of the learning activity or project, then the Recipient will immediately notify Te Pou and return the funds, or the unspent portion of the same, to Te Pou.

9.5 Grants can not be transferred to alternative learning activities without the pre approval of Te Pou. Requests to change learning activities must be sent to Te Pou in writing well before the start of the course. Te Pou will consider requests on a case-by-case basis, if the learning activity change is not approved by Te Pou the Recipient must return the funds per clause 9.4.

9.6 Grants awarded to individuals are non-transferable. The Recipient may not assign, transfer, or otherwise allocate the grant, in whole or in part, to any other person or entity. If the Recipient is unable to use the grant for its intended purpose, they must notify Te Pou immediately and return any unspent funds per clause 9.4.

9.7 If an individual grant Recipient experiences unexpected circumstances that impact their ability to complete the learning activity within the original timeframe, they may request an extension by contacting Te Pou. Requests should be made as soon as practicable and no later than one month before the original completion date, unless exceptional circumstances prevent this. Te Pou will consider requests on a case-by-case basis.

10 - Reporting and Audit Requirements

10.1 The Recipient shall provide Te Pou with reports as set out in the Successful Application.

10.2 The Recipient will only be obliged to prepare and provide interim or progress reports if requested to do so by Te Pou but must maintain adequate records to allow the reports to be prepared if so requested. If requested to do so, the Recipient will produce receipts in respect of the costs incurred.

10.3 In the event the Recipient has not provided the final report by the due date set out in the Successful Application, Te Pou may refuse to consider any further applications from the Recipient for grant funding.

10.4 The Recipient may request an extension to the final reporting due date. Requests shall be lodged with Te Pou at least fourteen working days before the due date of the final report. The Recipient shall provide the reason for the extension request along with the proposed new reporting date. Te Pou will consider requests on a case by case basis and provide the outcome of the decision within seven working days of the request.

10.5 If, on reviewing the final report, Te Pou determines in its absolute discretion that the learning activity or project has not been completed, or one or more Participants have not satisfactorily completed the learning activity, then Te Pou may require the grant paid to the Recipient for the uncompleted part of the project, or attendance of those Participant(s) at the learning activity, to be refunded to Te Pou on a pro rata basis.

10.6 If the Recipient fails to provide the final report or fails to provide it in a form acceptable to Te Pou, Te Pou shall be entitled to carry out its own review of the project, or the Participant(s)’ attendance at and completion of the learning activity, as soon as practicable following the final report date. If following consultation with the Recipient, Te Pou determines that the project has not been satisfactorily completed, or any of the Participant(s) have not satisfactorily completed the learning activity, clause 10.5 will apply.

10.7 Any repayment required under these terms shall be made by the Recipient to Te Pou immediately upon request.

10.8 Te Pou may undertake, engage or give authority to a third party to undertake, a review or audit of the spending of the grant and delivery of the learning activity or project. The Recipient agrees to cooperate with and provide the reviewers or auditors with access to persons, places and information requested by them to complete their review or audit. Te Pou will, wherever reasonably possible, give notice in writing of an audit unless to do so would in the reasonable opinion of Te Pou prejudice the purpose for which such review or audit was undertaken.

11 - Liability

11.1 If Te Pou determines that grant funds have been misused, misrepresented, or obtained fraudulently, Te Pou reserves the right to require immediate repayment of the funds and take further action, including legal measures, if necessary. Te Pou shall not be liable for any misuse of grant funds by the Recipient. If a Recipent you uses the grant for anything other than what was agreed upon, without getting approval from Te Pou first, they might have to give the money back.

11.2 The Recipient agrees to indemnify and hold Te Pou harmless from any claims, liabilities, damages, or expenses arising from the Recipient’s use of the grant, including but not limited to legal disputes, operational failures, or non-compliance with regulatory requirements.

11.3 To the maximum extent permitted by law, total liability to any grant applicant or Recipient by Te Pou, whether in contract, tort (including negligence), or otherwise, shall be limited to the total amount of the grant awarded. Te Pou shall not be liable for any indirect, consequential, or incidental damages arising from the grant process or the Recipient’s use of the grant.

12 - Termination and Breach of Agreement

12.1 Te Pou reserves the right to terminate a grant agreement if the Recipient breaches any of the Terms and Conditions, including but not limited to failure to use funds as agreed, failure to meet reporting requirements, or providing false or misleading information.

12.2 Upon termination, the Recipient may be required to return any unspent or misused grant funds. Te Pou may also refuse to consider future applications from the Recipient.

13 - Changes to Terms

13.1 Changes to these Terms may be made by Te Pou and notified to the Recipient either by email or by updating the Terms on the Te Pou website.