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Rule 15:
Technical specifications

Primary requirement

  1. Agencies must not apply technical specifications or prescribe conformance requirements in a way that creates unnecessary obstacles for suppliers.

Application

  1. Where appropriate, technical specifications must be based on:
    1. performance and functional requirements, not on design or a prescribed licensing model or a description of their characteristics
    2. international standards where they exist, otherwise the appropriate New Zealand technical regulations, standards, or building codes.
  2. Agencies must not make it a technical specification that a supplier has been previously awarded a contract by a named buyer or a New Zealand government agency.
  3. Agencies must not (except under Rule 15.4):
    1. require or refer to a particular trademark or trade name, patent, design or type
    2. refer to the specific origin of the goods, services or works or the name of the producer or supplier.
  4. When referring to a particular trademark or trade name, patent, design or type is the only practical way to make the requirements understood, agencies must consider equivalent goods, services or works that can be demonstrated to fulfil the requirement by including words like ‘or equivalent’ in the specification.

More information

Trademarks

An example of where using a trademark may be the only practical way to make requirements understood is when you’re sourcing software that needs to be compatible with an existing system.

International standards

International standards are published by recognised international standards organisations. New Zealand standards are often aligned with international standards. When they are, suppliers may understand your needs more clearly if you refer to the New Zealand standard rather than the equivalent international one.

New Zealand technical regulations are mandatory for goods and services for use in, and construction works located in, New Zealand. If there’s a New Zealand technical regulation that applies to the goods, services or works you are sourcing, your specifications need to be based on it.

Examples on Legislation New Zealand website:

Electricity (Safety) Regulations 2010

Building Code in Schedule 1 of the Building Regulations 1992

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