Performance Audits. (a) The Authority may appoint an agreed auditor to carry out an audit of the Provider’s provision of specific services (a “performance audit”) if the Authority reasonably believes: (i) the Provider has provided those services in a manner that has resulted in a breach or breaches of the Code or this agreement; or (ii) the Provider is providing those services in a manner that will result in a breach or breaches of the Code or this agreement. (b) The purpose of the performance audit is to: (i) determine whether the Provider has provided the relevant services in a manner that has resulted in, or is providing the relevant services in a manner that will result in, a breach or breaches of the Code or this agreement; and (ii) if so, enable the Provider to remedy or prevent the breach or breaches in a manner agreed by the parties. (c) The Authority must give the Provider reasonable notice of the performance audit, which notice must include the identity of the agreed auditor and the grounds for carrying out the performance audit. (d) The Provider must cooperate with the agreed auditor and participate in the performance audit, including by providing the agreed auditor with reasonable access to the Provider's facilities, premises and systems and the documentation and other records that relate to the provision of the relevant services. (e) The agreed auditor may take copies of the documentation and other records that relate to the provision of the relevant services. (f) The Authority must ensure that the performance audit is conducted in a manner that does not unreasonably disrupt Transpower New Zealand Limited’s business or personnel. (g) The Authority must bear the costs the performance audit, except that the Provider must: (i) bear its own costs of cooperating with the agreed auditor and participating in the (ii) if the performance audit determines that the Provider has provided the services in a manner that has resulted in a material breach of the Code or this agreement, reimburse the Authority for its reasonable costs of the performance audit. (h) The Authority must (i) provide the Provider with a draft of the performance audit report; (ii) give the Provider a reasonable opportunity to comment on the draft performance audit report before the performance audit report is finalised; (iii) ensure the agreed auditor has regard to the Provider’s comments on the draft performance audit report before finalising the performance audit report; and (iv) provide the Provider with the final performance audit report. (i) If: (i) the final performance audit report contains an opinion that the Provider has breached or will breach the Code or this agreement; and (ii) the Provider reasonably considers it has committed or will commit the breach, then, without limiting the Provider’s obligation under regulation 7 of the enforcement regulations to self-report breaches of the Code, the parties must negotiate in good faith to agree a remedial plan that sets out the manner in which the Provider must remedy the breach or prevent the potential breach.
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Performance Audits. (a) The Authority may appoint an agreed auditor to carry out an audit of the Provider’s Provider’s provision of specific services (a “performance audit”) if the Authority reasonably believes:
(i) the Provider has provided those services in a manner that has resulted in a breach or breaches of the Code or this agreement; or
(ii) the Provider is providing those services in a manner that will result in a breach or breaches of the Code or this agreement.
(b) The purpose of the performance audit is to:
(i) determine whether the Provider has provided the relevant services in a manner that has resulted in, or is providing the relevant services in a manner that will result in, a breach or breaches of the Code or this agreement; and
(ii) if so, enable the Provider to remedy or prevent the breach or breaches in a manner agreed by the parties.
(c) The Authority must give the Provider reasonable notice of the performance audit, which notice must include the identity of the agreed auditor and the grounds for carrying out the performance audit.
(d) The Provider must cooperate with the agreed auditor and participate in the performance audit, including by providing the agreed auditor with reasonable access to the Provider's facilities, premises and systems and the documentation and other records that relate to the provision of the relevant services.
(e) The agreed auditor may take copies of the documentation and other records that relate to the provision of the relevant services.
(f) The Authority must ensure that the performance audit is conducted in a manner that does not unreasonably disrupt Transpower New Zealand Limited’s business or personnel.
(g) The Authority must bear the costs the performance audit, except that the Provider must:
(i) bear its own costs of cooperating with the agreed auditor and participating in the
(ii) if the performance audit determines that the Provider has provided the services in a manner that has resulted in a material breach of the Code or this agreement, reimburse the Authority for its reasonable costs of the performance audit.
(h) The Authority must
(i) provide the Provider with a draft of the performance audit report;
(ii) give the Provider a reasonable opportunity to comment on the draft performance audit report before the performance audit report is finalised;
(iii) ensure the agreed auditor has regard to the Provider’s comments on the draft performance audit report before finalising the performance audit report; and
(iv) provide the Provider with the final performance audit report.
(i) If:If:
(i) the final performance audit report contains an opinion that the Provider has breached or will breach the Code or this agreement; and
(ii) the Provider reasonably considers it has committed or will commit the breach, then, without limiting the Provider’s obligation under regulation 7 of the enforcement regulations to self-report breaches of the Code, the parties must negotiate in good faith to agree a remedial plan that sets out the manner in which the Provider must remedy the breach or prevent the potential breach.
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