Terms and Conditions relating to payments being made to Kāinga Ora - Homes and Communities (Terms).

1. These Terms applies to all payments being made to Kāinga Ora – Homes and Communities (Kāinga Ora).  They do not include the following -

a. Rent
b. rent arrears
c. Tenant damages
d. Void costs
e. reimbursements by Council / contractors

2. If you are paying for any of these excluded items, call or contact the person at Kāinga Ora you are dealing with to find out where the proper place for payments for these items can be made and the terms and conditions that apply to those payments.

3. These terms applies to the following payments (by way of example only) -

a. contributing a fair share towards the cost of a fence, retaining wall or other shared structure (whether being constructed, replaced or repaired)
b. contributing a fair share towards the cost of consultants / contractors in respect of developments / work affecting you and your property (new pipeline / services being placed underground)

Price and payment

4. The price the Goods or Services are as shown on Kāinga Ora’s quotation, business case, invoice or similar document (the "Quote").

5. Payment is due on the 20th of the month following your receipt of an invoice. If payment is not made on the due date, Kāinga Ora may charge interest on the overdue amount (as liquidated damages) calculated on a daily basis from the due date until actual payment at a rate of 2.5% per month, capitalised monthly on the 1st day of each month.

6. You will also be liable to pay all expenses and costs (including legal costs as between solicitor and client) in relation to the recovery or attempted recovery of any overdue amount.

7. You are required to pay the amount of the invoice in full by the due date.

8. You are required to pay the invoice using the payment method set out in the invoice.

Delivery

9. Delivery of any Goods and / or Services will be completed in accordance with a Quote.

Risk and Title

10. If you are paying for any Goods provided by Kāinga Ora, then the risk in the Goods will pass to you immediately upon delivery of the Goods in accordance with a Quote but ownership in the Goods remains with Kāinga Ora and will not pass to you until you have paid for the Goods in full.

11. If you are paying a share of any Services, provided the services are delivered in accordance with a Quote, you are liable to pay your share as set out in that Quote.

Warranty and Limitation of Liability

12. It is agreed that all statutory and implied conditions and warranties are excluded to the fullest extent permitted by law. Any Goods and or Services supplied are only warranted to the extent expressly agreed by Kāinga Ora in writing, except as mandatorily required by law.

13. To the extent permitted by law, Kāinga Ora limits its liability to you arising howsoever from the supply of (or failure to supply) the Goods and or Services, or the quality or performance of the Goods and or Services and Kāinga Ora shall not be liable for any indirect, consequential or special loss of any kind. Use of Information

14. You agree that:

a. Kāinga Ora may obtain information about you from any other person (including referees and any credit or debt collection agencies) and you consent to any such person providing Kāinga Ora with that information;
b. Kāinga Ora may use any information it has about you relating to your credit worthiness and give that information to any other person, including any credit or debt collection agency, for credit assessment and debt collection purposes; and
c. Any other information collected by Kāinga Ora about you may be used by Kāinga Ora in the course of its business.

Execution and Governing Law

15. If these Terms are signed by you by an agent or on your behalf, that agent or person signing shall at all times remain jointly and severally liable for the obligations under these Terms.

16. You are not entitled to assign your rights under any contract with Kāinga Ora except with Kāinga Ora's written consent. Kāinga Ora may assign its rights under any contract with you without your consent.

17. If any term is unenforceable, that provision will be deemed deleted and all other provisions will remain in full force and effect.

18. These terms take precedence over any other terms which may have been offered by you except to the extent those terms are set out here.

19. The laws of New Zealand govern these Terms and you agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand. 

Page updated: 1 October 2019