FAQs

1.    Why is the Memorandum of Understanding (MoU) being replaced?

The MoU has proven ineffective in ensuring school-based dental clinics are maintained to an adequate level. Many boards have not undertaken maintenance to their clinics to the level intended by the MoU. This is partially due to a lack of understanding about the split between DHB and board responsibilities.

The new agreements will reflect the shift in funding from boards to DHBs and the corresponding shift in responsibilities.

2. How long will the existing MoU continue for? 

The MoU will cease when the lease is signed for continuing oral health services at the school. Where the clinic is not needed the MoU will cease.

3. We have been asked to pay some new set-up costs by the DHB. Does the board of trustees have to pay for these?

Some boards have been approached by DHBs asking them to pay for set-up costs for new clinics or pads for mobile clinics. Under the new lease these costs will generally be borne by the DHBs. Boards will no longer be responsible for these costs under the current MoU as they clearly relate to new arrangements under the new initiative and a new lease should be signed with the DHB in these cases.

4. Our clinic will remain in the same building as our administration area under the new lease. In our 10 Year Property Plan, we have scheduled to paint the whole building in a couple of years. How do we organise this with the DHB?

The DHB is responsible for all maintenance costs including painting – see clause 2.12(d)(iii) of the lease which states that the DHB is responsible for repainting the exterior of the building when reasonably required. It would be practicable for the whole building to be painted at the same time with a cost sharing arrangement between the DHB and the board based on the square metres of the building. Where the DHB will be occupying buildings attached to school buildings, boards should discuss long term maintenance plans with the DHB before signing the lease.

5. Does ownership of the clinic pass to the DHB?

Existing clinics on school sites are owned by the Crown like other school buildings. Under the new lease DHBs will acquire a leasehold interest in these dental clinics, although actual ownership remains with the Crown.

Clinics built by the DHB with DHB funding will be owned by the DHB but they will lease the land on which the clinic sits. The lease covers what happens to DHB-owned clinics when the lease expires or is terminated. There will be the opportunity for the DHB to remove them if they are relocatable.

6. Why is the lease needed for a mobile clinic pad – wouldn’t a simple access agreement suffice? 

The terms and conditions in the lease are needed to ensure that the DHB can access the land whenever it wants without having to re-negotiate access each time. It also covers important issues such as access to toilets, security, signage, and who pays for installing and using infrastructure such as water and electricity supply. Many of these issues affect both permanent and mobile clinics and would not be covered in a simple access agreement.

7. Can DHBs sublet the premises? 

No, but the lease can be assigned in accordance with clause 2.30 which allows for the successor of the DHB to continue to operate the clinic for delivery of community oral health services. 

8. Can the permitted use be varied? 

Yes, by agreement between the DHB, Ministry of Education, and the school.  However, the lease is designed for oral health service and uses outside oral health will require further amendment and approval, including that of the Ministry of Education.

9. Does the school have to provide facilities such as toilets and tea rooms for the dental therapists?

Schedule C of the lease is designed to cater for these important practical issues.  The board and the DHB will need to negotiate the Schedule C Policy to cover these points.  This issue is critical for mobile clinics as toilets will not come as part of the standard build. Most boards will have arrangements already in place for dental therapists at existing clinics and should make sure these are agreed in the Schedule C Policy to save misunderstanding. 

The intention is to include the dental therapists in the school community and make them welcome rather than keeping them at arms-length. This can be done by sharing break times and making facilities available for their comfort.

The lease has some default clauses to cover some practical situations – see clause 2.8. 

10. The lease seems to be saying we must provide access for construction workers to the school ablution facilities (clause 2.8). Is this correct?

It says in clause 2.8 that access to facilities shall be in accordance with the Schedule C policy governing things like access and use of toilets. It is recommended that boards do not allow construction workers to share school facilities.

11. Can the lease be used with state integrated and private schools if the DHB is able to negotiate such terms? 

This depends on the negotiations between the school concerned and the DHB.  The Ministry of Education has no ownership interest in private or integrated schools and therefore any lease arrangement will be agreed between the DHB and the owner of the school without needing Ministry of Education consent or other involvement.

12. Can the standard terms of the lease be amended? 

Except for the Schedule C Policy, the standard terms of the lease are not open for negotiation. 

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