Contract Management Procedures

These procedures apply to staff members.

To set out contract management procedures to ensure that the rights and obligations of the University under a contract are met throughout the life of a contract.

These procedures support the Contract Management Policy.

Relationship management

1. The contract owner is to ensure that the performance of the contract by the other contracting party is proactively managed throughout the contract’s life.

2. Where appropriate, regular meetings must be held with the other contracting party to discuss overall performance, the achievement of objectives and key performance indicators, and each party’s adherence to the contractual terms. The format, frequency and venue of these meetings will be dependent upon the nature of the contract and must be determined and agreed during the contract negotiation process. Minutes and file notes of all meetings must be kept.

3. Where an issue arises that has potential to create material risk for the University, the contract owner must discuss the matter with their manager, and the contract category lead, supported as necessary by the Chief Legal Officer, where required to ascertain what action (if any) needs to be taken.

Note – The Risk Management Framework can be used to assess risk against the University’s risk tolerance levels.

4. Where a dispute arises, the contract owner is to deal with the dispute proactively and in accordance with the dispute resolution clauses of the contract. The initial responsibility for dispute resolution is with the contract owner and the appointed representative of the other party. If an acceptable resolution is not possible, and a dispute is likely to escalate, the contract owner must advise their manager and the contract category lead without delay.

5. The contract owner must advise the Chief Legal Officer as soon as practicable of any dispute which may involve the risk of legal action, including where there is a risk that the University may not be able to fully perform its obligations under the contract.

Administration and compliance

6. The contract owner is to administer the contract to comply with its terms and any monitoring, review and reporting requirements.

7. The contract owner must ensure that invoicing and payment arrangements are made with the Shared Transaction Centre in accordance with the timeframes specified in the contract.

Contract renewal or variation

8. Where the contract owner wishes to initiate a contract renewal, or the other contracting party makes a request to renew the contract, the contract owner is to:

• Review the contract including the term, termination and any right of renewal provisions.
• Evaluate the contract and the contracting party’s performance.
• Obtain advice and guidance from the contract category lead, supported as necessary by the Chief Legal Officer. Matters to consider include:
  • Does the contract contain a right of renewal and have the timeframes in the contract relating to the issue or receipt of notices been met?
  • Where there is no right of renewal, should the contract be renewed considering, where applicable, the factors set out in the Procurement Policy where applicable?
• Where applicable, obtain all necessary approvals to renew the contract including a dispensation from open tender where required by the Procurement Policy.
• Follow the steps in item 10.

9. Where the contract owner wishes to initiate a contract variation, or the other contracting party makes a request to vary the contract, the contract owner is to:

• Review the contract to ensure that the proposed variation is permitted under the contract, and if so, in what circumstances.
• Evaluate the contract and the contracting party’s performance.
• Obtain advice and guidance from the contract category lead, supported as necessary by the Chief Legal Officer.
• Where applicable, obtain all necessary approvals to vary the contract.
• Follow the steps in item 10.

10. Where a proposed renewal or variation of a contract has been approved, the contract owner must:

• Prepare a document recording the renewal or variation with guidance assistance from the contract category lead, supported as necessary and by the Chief Legal Officer, where required.
• Ensure that the renewal or variation is signed on behalf of the University by an authorised signatory.
• Ensure that the renewal or variation is signed by an authorised signatory of each other contracting party and is dated.
• Lodge an electronic copy of the signed and dated renewal or variation in the Contract Register.

Contract completion

11. The contract owner is to carry out a contract completion process before a contract ends. The purpose of this process is to verify that all parties to the contract have fulfilled their contractual obligations and that there are no obligations outstanding. Key aspects that must be checked include:

• Have the required contract outcomes and obligations been delivered?
• Have the University’s materials, equipment or other resources used or generated during the life of the contract, and the University’s confidential information, been returned (if this is required under the terms of the contract)?
• Has an evaluation of the success of the contract been undertaken and any lessons learned, documented and shared?
• If applicable, have University access arrangements been terminated?
• If applicable, has the other contracting party’s performance been evaluated, properly documented and feedback provided?

Authorised signatory means a staff member with delegated authority to sign the contract as detailed in the Delegations Policy and applicable schedule.

Contract includes an agreement, exchange of letters, heads of agreement, and any other document which creates, or which may create, legally binding obligations on the University.

Note - Contracts do not include pre-contractual agreements such as memoranda of understanding (MOUs) and letters of intent because these agreements do not create legally binding obligations. The Memoranda of Understanding Policy applies to these documents.

Contract category lead has the meaning in the Contract Management Policy. 

Contract owner means the staff member who is responsible for the establishment and management of a contract.

Contract register is the centralised online repository for storing contracts and related documents.

Chief Legal Officer means the person holding the position of Chief Legal Officer, or a person authorised to act or advise on their behalf.

Staff member means an individual employed by the University on a full or part-time basis and includes fixed term employees.

University means Waipapa Taumata Rau, University of Auckland and includes all subsidiaries.

Include the following:

• Contract and Commercial Law Act 2017
• Public Records Act 2005
• Capital Expenditure and Fixed Assets Accounting Policy
• Conflict of Interest Policy
• Conflict of Interest Procedures
• Conflict of Interest Guidelines
• Contract Management Policy 
• Contract Check List
• Delegations Policy
• Gifts and Hospitality from Third Parties Policy
• Gifts and Hospitality Guidelines
• Marketing Sponsorship Policy
• Memoranda of Understanding Policy
• Procurement Policy
• Records Management Policy
• Work-Based Learning Policy
• Work-Based Learning Procedures
• Work-Based Learning Guidelines
• Risk Management Policy
• Risk Management Framework [available on Staff intranet]
• Sensitive Expenditure Policy

Owned by: Registrar
Content manager: Chief Legal Officer
Approved by: Vice-Chancellor
Date approved: 19 January 2026
Next Review date: 19 January 2031