MACA APPLICANT FUNDING: POLICY AND GUIDELINES

Transcription

1 MACA APPLICANT FUNDING: POLICY AND GUIDELINES Funding for groups in the High Court application pathway This document sets out the Crown s funding policy for applications made under the Marine and Coastal Area (Takutai Moana) Act 2011 (the Act) and provides a set of guidelines on the availability and use of applicant funding. Introduction This guide is for High Court applicants and explains how to access applicant funding for actual and legitimate application costs. WHEN WILL FUNDING BE AVAILABLE? In the High Court application pathway, funding becomes available once your application has been publicly notified and an application for funding has been completed. WHAT CAN FUNDING BE USED FOR? Funding can only be used for actual and reasonable costs of completing the milestones and tasks of the application process in the High Court. WHAT CAN T FUNDING BE USED FOR? Funding cannot be used to fund actions or costs outside of the application milestones and tasks, such as: applications or submissions to the Waitangi Tribunal or any other court or forum; legal advice or activities that do not progress the application under the Act; seeking and receiving advice from the Ministry of Justice on the application process; RMA related work and costs, including responding to resource consent applications where applicants views are sought under s 62(3) of the MACA Act; telephone, internet and general household or office costs; historical research previously undertaken for other purposes; or costs that have been funded under the High Court application pathway. DETERMINING YOUR FUNDING LIMITS The first step in obtaining applicant funding is for a complexity assessment to be completed to establish how much funding will be available to you to complete key tasks and milestones in the application process. You may provide the Ministry of Justice with your own complexity assessment by completing the form provided as Appendix 1. You may also provide any other information that will assist in completing the assessment. The above information must be sent to the Marine and Coastal Area (MACA) Team at the Ministry of Justice by to: macafunding@, or, by post to: Marine and Coastal Area (MACA) team, Ministry of Justice, Justice Centre, SX 10111, Wellington. The Ministry of Justice will use this information to complete the complexity assessment and then will advise you of your funding limits. If the complexity factors of your application change, or if you wish to transfer your application to the Crown engagement pathway, the funding limits can be reassessed in light of these changes. The funding limits for the key tasks and milestones are set out in Appendix 2. WHAT HAPPENS WHEN YOU REACH A FUNDING LIMIT FOR A TASK OR MILESTONE? Funding is provided as a contribution towards the actual and reasonable cost of achieving specific tasks and milestones.

2 Applicants will therefore receive funding up to the funding limit for each task and milestone. Once a limit has been reached, applicants will need to meet any further costs from their own resources. Applicants will not receive any unspent funding and cannot transfer unspent money assigned to one task or milestone to another. Budgeting for your application As the Crown is only making a contribution to the cost of your application and as these contributions are capped, it is important that you create a budget for your application. This will allow you to make appropriate decisions on what costs you should incur and what project manager, researcher and lawyers fees are appropriate to complete the tasks and milestones required. Failure to budget adequately may leave you with unexpected costs that you will have to pay yourself. Appendix 2 sets out how the funding is apportioned to milestones and tasks that need to be achieved. This should assist you in creating your budget. Please send your completed budget to the MACA team along with your first request for reimbursement. 4. a completed Summary of Costs form (see Appendix 4) that must include: a. an indication of the milestone, task and expenditure type against which the group is applying for costs; and b. copies of invoices or receipts that prove the costs being requested against each task or milestone; and 5. supporting materials to evidence that the work for which funding is requested has been completed (e.g. minutes from hui, project plans or research outputs). There is a minimum and maximum value for any single request for reimbursement; these are $3,000 and $50,000 respectively. Applications for reimbursement that do not provide sufficient information or are for actions or costs that cannot be funded will be returned to you with an explanation and instructions on how to correct your request. FOR FURTHER INFORMATION The Marine and Coastal Area Team at the Ministry of Justice administers funding reimbursements. For further information please contact the MACA team by to: macafunding@, or by phone: 0800 TOMACA ( ). Information needed for first request The Ministry of Justice requires the following information to process your first request: 1. a completed budget; 2. a letter from the applicant seeking reimbursement of costs (see Appendix 3 for a sample letter); 3. a bank deposit slip or bank statement header showing the name and number of the bank account; Who receives the funding? Applicant funding will only be paid into the verified account of the applicant or applicant group or the verified account of a person or group authorised by the applicant. Making further requests Reimbursements are made when sufficient information has been provided for each milestone. If you are making a second or subsequent request for reimbursement you will need to provide the information listed below.

3 1. a completed Summary of Costs form (see Appendix 4 for a blank form) that includes: a. an indication of the milestone, task and expenditure type against which the group is applying for costs; and b. copies of invoices or receipts that prove the costs being requested against each task; and 2. supporting materials to evidence that the work to be funded has been completed (e.g. minutes from hui, project plans or research outputs). There is a minimum and maximum value for any individual request, these are $3,000 and $50,000 respectively. Applications for reimbursement that do not provide sufficient information or are for actions or costs that cannot be funded will be returned to you with an explanation and instructions on how to correct your request. Where to send your request and supporting information The above information must be sent to the Ministry of Justice by to: macafunding@, or, by post to: Marine and Coastal Area team, Ministry of Justice, Justice Centre, SX 10111, Wellington.

4 APPENDIX ONE: SELF COMPLEXITY ASSESSMENT The below matrix is to inform a complexity assessment of your application under the Marine and Coastal Area (Takutai Moana) Act 2011 for funding purposes. [TICK ONE CATEGORY PER INDICATOR LINE] Applicant Name: INDICATORS Category 1 Category 2 Category 3 Category 4 Size of customary group on behalf of whom the funding application is sought A whānau A hapū A small iwi (population size of <15,000 in most recent Census) A large iwi (population size of >15,000 people in most recent Census) Size of application area 1-2 bays and/or less than 10km of coastline 3-6 bays and/or 10-50km of coastline 7+ bays and/or km of coastline More than 100km of coastline Number of groups with potential overlapping customary interests in the application area 1-2 neighbouring/ overlapping iwi on land adjacent to CMCA Tribunal/Crown 3-4 neighbouring/ overlapping iwi on land adjacent to CMCA Tribunal/Crown 5-6 neighbouring/ overlapping iwi on land adjacent to CMCA Tribunal/ Crown 6+ neighbouring/ overlapping iwi on land adjacent to CMCA Tribunal/Crown Nature of relations with customary interest on land adjoining the CMCA Relatively amicable relations with Some areas of dispute with Persistent dispute with Persistent and heated dispute with Current use of the application area Low (low local population adjoining CMCA, none-few commercial activities, infrequent use) Mix of areas of predominantly low use and some with high use Mix of areas of predominantly high use and some with low use High (frequent, many stakeholders and members of the public, many activities including commercial activities) Number of activities sought (if PCR application) 1-2 activities 3-4 activities 5-6 activities 6+ activities Level of research or evidence already accessible to applicant Some Some None None Historical Treaty claims Settled Settled Unsettled Unsettled

5 APPENDIX TWO: HIGH COURT FUNDING LIMITS, MILESTONES AND TASKS Complexity Band Milestone Task Expenditure type Low Medium High Very High Appointment* Work undertaken to determine that the applicant/representative has the authority to represent the application group. Appointment process Project Manager $5, $15, $35, $50, Notification Work undertaken up until public notice of the application (under s103) Pre-hearing/ Evidence gathering Work undertaken until hearing commences Interlocutory hearing If arising Hearing Work undertaken up until hearing concludes Determination Work undertaken until recognition order is sealed Project Planning and Project Management Project Manager $5, $5, $5, $5, Public notice Project Manager $1, $1, $1, $1, Legal advice Lawyer $6, $9, $12, $15, Project Planning and Project Management Project Manager $5, $5, $5, $5, Legal advice and representation Lawyer $16, $22, $28, $40, Historical research Historian $40, $50, $60, $70, Traditional evidence gathering Researcher $40, $50, $60, $70, Legal representation and advice Lawyer $3, $3, $3, $3, Travel and accommodation $1, $1, $1, $1, Project Planning and Project Management Project Manager $2, $2, $2, $2, Legal representation and advice Lawyer $15, $20, $25, $30, Research/expert witnesses Historian $8, $8, $8, $8, Travel and accommodation $1, $2, $5, $6, Legal advice Lawyer $ $ $ $ Project Planning and Project Management Project Manager $2, $2, $2, $2, Drafting of order Lawyer $5, $6, $7, $7, Totals: $156, $202, $260,250 $316, *Note: a voluntary step that may be undertaken - to establish that the applicant/representative has the authority to represent the applicant group. This may have taken place before the application was filed or it may take place after the application has been filed funding can still be accessed should real costs be incurred related to appointment at a later stage.

6 APPENDIX THREE: EXAMPLE REIMBURSEMENT LETTER Remember to include your: Summary of Costs, Copies of invoices or receipts, Other relevant document [INSERT DATE] To the Marine and Coastal Area team, Ministry of Justice, Justice Centre, SX 10111, WELLINGTON Request for reimbursement: [INSERT GROUP NAME] application in the High Court under the Marine and Coastal Area (Takutai Moana) Act 2011 We are seeking reimbursement of [INSERT VALUE] being the Crown s contribution to costs incurred in relation to our application for recognition of customary interests under the Marine and Coastal Area (Takutai Moana) Act This reimbursement relates to work undertaken for the period [INSERT START DATE] to [INSERT END DATE]. Please find enclosed a copy of supporting documentation including: a properly completed Summary of Costs form; a copy of all invoices and receipts relating to the reimbursement amounts; and a copy of our bank account details. The total costs to [INSERT GROUP] was [INSERT TOTAL COST]. Nākū noa, nā [APPLICANT NAME AND TITLE]

7 APPENDIX FOUR: SUMMARY OF COSTS FORM APPLICANT NAME: Date Milestone Description (date work (as per funding Task Expenditure Type Amount Requested (please provide a description of the work that was undertaken) matrix) (as per funding matrix) (as per funding matrix) (incl GST) undertaken) Total Costs: $ REIMBURSEMENT AMOUNT REQUESTED =