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Risk Management Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the framework for identifying, assessing, and managing risks within an organization or project. The document outlines the responsibilities of all parties involved in the risk management process, including service providers and client organizations. It incorporates compliance requirements with New Zealand legislation, particularly the Health and Safety at Work Act 2015 and related regulations. The agreement details risk assessment methodologies, reporting requirements, mitigation strategies, and governance structures while ensuring alignment with local regulatory standards and industry best practices.

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What is a Risk Management Agreement?

This Risk Management Agreement is designed for use when organizations require a formal framework for managing operational, strategic, and compliance risks under New Zealand jurisdiction. The document is particularly relevant in situations where organizations are establishing new risk management programs, engaging external risk management service providers, or updating existing risk management frameworks to ensure compliance with New Zealand regulations. The agreement encompasses comprehensive provisions for risk identification, assessment, treatment, and monitoring, while addressing specific requirements under key New Zealand legislation such as the Health and Safety at Work Act 2015 and the Privacy Act 2020. It is structured to provide clarity on roles, responsibilities, and procedures while maintaining flexibility to accommodate industry-specific requirements and organizational needs.

What sections should be included in a Risk Management Agreement?

1. Parties: Identification of all parties to the agreement, including their legal names, addresses, and registration details

2. Background: Context of the agreement, relationship between parties, and purpose of the risk management arrangement

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Scope of Services: Detailed description of risk management services, activities, and deliverables

5. Risk Management Framework: Overview of the risk management approach, methodology, and principles to be applied

6. Roles and Responsibilities: Specific duties and obligations of each party in implementing and maintaining the risk management program

7. Risk Assessment Process: Procedures for identifying, analyzing, and evaluating risks

8. Risk Treatment and Controls: Methods and procedures for risk mitigation, control implementation, and monitoring

9. Reporting and Documentation: Requirements for risk reporting, documentation maintenance, and communication protocols

10. Compliance and Governance: Compliance requirements with relevant laws and standards, and governance structure

11. Review and Monitoring: Procedures for regular review and updating of risk management processes

12. Confidentiality: Provisions for handling confidential information and data protection

13. Term and Termination: Duration of the agreement and circumstances for termination

14. Liability and Indemnification: Allocation of risks and responsibilities between parties

15. General Provisions: Standard contractual clauses including notices, amendments, governing law, and dispute resolution

What sections are optional to include in a Risk Management Agreement?

1. Insurance Requirements: Specific insurance obligations and coverage requirements - include when risk transfer via insurance is part of the risk management strategy

2. Business Continuity: Procedures for ensuring business continuity and disaster recovery - include for critical business operations

3. Subcontractor Management: Requirements for managing subcontractor risks - include when subcontractors will be involved

4. Environmental Risk Management: Specific provisions for environmental risk management - include for environmentally sensitive operations

5. Cyber Risk Management: Specific provisions for managing cyber risks - include when digital assets or data are involved

6. Health and Safety Specific Requirements: Detailed health and safety procedures - include for high-risk workplace environments

7. Intellectual Property Protection: Provisions for managing intellectual property risks - include when IP assets are involved

What schedules should be included in a Risk Management Agreement?

1. Schedule 1: Risk Register: Template and current list of identified risks, their assessment, and control measures

2. Schedule 2: Service Level Agreement: Detailed performance metrics and service standards for risk management activities

3. Schedule 3: Fee Schedule: Breakdown of fees, costs, and payment terms for risk management services

4. Schedule 4: Reporting Templates: Standard templates for risk reporting and documentation

5. Schedule 5: Contact Details: Key contacts and escalation procedures for risk management issues

6. Appendix A: Risk Assessment Methodology: Detailed description of risk assessment methods and criteria

7. Appendix B: Incident Response Procedures: Step-by-step procedures for responding to risk incidents

8. Appendix C: Compliance Checklist: Checklist of regulatory and internal compliance requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

New Zealand

Cost

Free to use

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