[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-1-en-105":3,"doc-seo-283381-105":53,"doc-detail-283381-en":127},{"code":4,"msg":5,"data":6},0,"success",[7,14,19,24,29,34,39,44,49],{"id":8,"doc_module":9,"doc_module_name":10,"category_name":11,"show_sort_weight":12,"slug":13},11,1,"Template","Presentations",90,"presentations",{"id":15,"doc_module":9,"doc_module_name":10,"category_name":16,"show_sort_weight":17,"slug":18},12,"Resumes",80,"resumes",{"id":20,"doc_module":9,"doc_module_name":10,"category_name":21,"show_sort_weight":22,"slug":23},14,"Invoices",70,"invoices",{"id":25,"doc_module":9,"doc_module_name":10,"category_name":26,"show_sort_weight":27,"slug":28},15,"Posters",60,"posters",{"id":30,"doc_module":9,"doc_module_name":10,"category_name":31,"show_sort_weight":32,"slug":33},16,"Social Media",50,"social-media",{"id":35,"doc_module":9,"doc_module_name":10,"category_name":36,"show_sort_weight":37,"slug":38},17,"Forms",40,"forms",{"id":40,"doc_module":9,"doc_module_name":10,"category_name":41,"show_sort_weight":42,"slug":43},18,"Letters",30,"letters",{"id":45,"doc_module":9,"doc_module_name":10,"category_name":46,"show_sort_weight":47,"slug":48},21,"Paper Templates",5,"papers-templates",{"id":50,"doc_module":9,"doc_module_name":10,"category_name":51,"show_sort_weight":4,"slug":52},158,"General","general-158",{"code":4,"msg":54,"data":55},"ok",{"site_id":56,"language":57,"slug":58,"title":59,"keywords":60,"description":61,"schema_data":62,"social_meta":120,"head_meta":122,"extra_data":124,"updated_unix":126},105,"en","guidance-material-transfer-agreement-template-all-service-delivery-models-external-to-council","Guidance Material - Transfer Agreement Template (All Service Delivery Models External to Council)","","Guidance Material provides a Transfer Agreement template for councils and water organisations to transfer water services responsibilities and related matters. It covers transferring infrastructure, assets, liabilities, resource consenting processes, contracts, and employees, and clarifies what is excluded from transfer. It also addresses consideration, apportionments for costs and revenues, decision-making powers over capital and operating expenditure, charges and revenue recovery, and the liability scope. 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This could mean establishment of a new financially and operationally independent water organisation (\"Water Organisation\") to whom responsibility for providing water services may be transferred.\u003Cbr>Councils will need to choose to transfer infrastructure and related assets , liabilities , responsibilities, resource consenting processes, and contracts to these new Water Organisations in order for the Water Organisations to provide water services.\u003Cbr>Councils must identify employees whose employment relates to the water services being transferred to the Water Organisation , and provide for the Water Organisation to offer employment to such identified employees.1\u003Cbr>The Local Government (Water Services) Bill provides that there will be no tax consequences for the transfer.2\u003Cbr>\u003Cbr>WHO IS THIS\u003Cbr>TEMPLATE FOR?\u003Cbr>This Transfer Agreement is a contract between each council and the Water Organisation it has established or become a shareholder in , to enable the transfer of various matters from the council to the Water Organisation. The Transfer Agreement is also required to specify matters that are not being transferred , arrangements to manage shared interest matters , and arrangements relating to whether the council or Water Organisation will undertake charging and revenue collection. This template also provides for the council and Water Organisation to provide ad hoc services to one other, for example for transitional office services. |  |\n| --- | --- |\n| PURPOSE OF THIS DOCUMENT / TEMPLATE | This Transfer Agreement details the specific responsibilities, infrastructure and related assets, liabilities, resource consenting processes , contracts and employees and other matters to be transferred by the council to the Water Organisation , and when and how the transfer will occur. It provides that all listed matters will be transferred, and specifically excluded matters will not transfer. Any other matters that are not specified in this template will not be deemed to transfer to the Water Organisation.\u003Cbr>The consideration to be paid for the transferring matters will need to be determined by council , but the council (in respect of the period up to transfer) and Water Organisation (in respect of the period post-transfer) pay their respective apportionments , such as rent, electricity etc. , and receive any relevant revenues, in respect of the transferring matters. This template also limits the council's liability to the consideration paid for the assets.\u003Cbr>The Transfer Agreement must specify whether the council or the Water Organisation will hold the final decision-making powers in relation to the Water Organisation's capital and operating expenditure , as well as level of charges and revenue recovery for the water services it provides.3 The template specifies this |\n\n1 See [clause 1 of Schedule 1] of the Local Government (Water Services) Bill.  \n2 [Clause 214] of the Local Government (Water Services) Bill.  \n3 [Schedule 2, clause 7] of the Local Government (Water Services) Bill.  \nin Schedule 3, but also provides for the detail of these decision-making powers to be included in the Constitution , which provides information on the nature of shareholder involvement in preparing and finalising a Water Services Strategy and the Water Services Annual Budget (with those documents including, amongst other matters, the level of capital and operating expenditure, as well asthe level of charges and revenue recovery, for the water services that the Water Organisation provides) .4 The decision as to who will hold the final decisionmaking powers on those matters may have significant implications because:  \n• the “decision-making local government water service suppli","cbCaimE5ZEa2Jw6w","https://ap.wps.com/l/cbCaimE5ZEa2Jw6w","pdf",159682,"English","# Guidance Material\n## Transfer Agreement Template\n## Background and Purpose\n## Key Considerations for Councils\n## Shared-Interest Interface Governance\n## Ad Hoc Services and Service Orders","[{\"question\":\"Who is the Transfer Agreement template for?\",\"answer\":\"It is a contract between each council and the Water Organisation it has established or in which it holds a shareholder position, covering the transfer of specified matters from council to the Water Organisation.\"},{\"question\":\"What matters does the template require to be transferred?\",\"answer\":\"It details the responsibilities, infrastructure and related assets, liabilities, resource consenting processes, contracts, employees, and other specified matters, including when and how the transfer occurs. Anything not specified is not deemed transferred.\"},{\"question\":\"How are decision-making powers, charges, and revenue recovery handled?\",\"answer\":\"The template specifies whether the council or the Water Organisation holds final decision-making powers over capital and operating expenditure and also over the level of charges and revenue recovery. It notes these decisions can affect regulated supplier status and governance responsibilities under the Companies Act 1993.\"}]","Guidance Material - Transfer Agreement Template (All Service Delivery Models External to Council) | PDF",1789602278]