Government Procurement Rules

The Government Procurement Rules set good practice for procurement planning, approaching the supplier community and managing contracts. They support agencies to achieve public value while also ensuring integrity, transparency and accountability for the use of public funds.

Select an item from the drop down below to Jump to rule:

Structure of the Rules

The Rules are a flexible framework designed to help agencies make balanced procurement decisions that provide economic benefits for New Zealand. They’re underpinned by the Government Procurement Principles and Charter. The Principles provide the foundations of good procurement practice. The Charter sets out Government’s expectations of how agencies should conduct their procurement activity to achieve public value.

The Rules are divided into six sections:

The ‘Core values’ section has enduring rules that underpin the behaviours that apply to the expenditure of public money. For example, it has a requirement to adhere to the ‘Principles’ and the ‘Charter’ and act with integrity.

The next three sections have process rules that follow the lifecycle of procurement.

The ‘Procurement system requirements’ section has rules that identify agencies’ responsibilities to the Procurement System Leader.

The ‘General information’ section talks about application of the Rules, roles within the government procurement system, and what happens if the Rules are not followed.

Individual rules have three sections – ‘Primary Requirement’, ‘Application’ and ‘More Information’. The ‘Primary Requirement’ identifies the key intent or desired outcome of the Rule. ‘Application’ identifies how to achieve the primary requirement and typically includes additional sub-rules. ‘More information’ provides further context, definitions, good practice advice or examples, and web links to additional information where relevant.

Transitioning from the 4th edition to the 5th edition of the Government Procurement Rules

The 5^th edition of the Rules has been restructured to ensure a more streamlined, user-friendly and accessible experience. It has been simplified, with excess information and outdated Rules removed.

This should make it easier to understand and apply good practice. The Rules can be right-sized to all procurements.

Guidance on how to transition from the 4^th edition to the 5^th edition is available:

Shifting to the new Government Procurement Rules

How to use the Rules

Individual Rules should not be read in isolation from each other and the Principles of Government Procurement, and the Government Procurement Charter. Interpret each Rule in a way that best fits its purpose within the Rules as a whole.

All procurement covered by the Rules should be supported by a robust business case or procurement plan that has a level of detail reflecting the size, value, duration and complexity of the procurement.

Where the Rules use the term must, the Rule is compulsory. Non-compliance is a breach of the Rules.

Where the Rules use the term expected to, this indicates an expectation that agencies meet good practice standards, unless circumstances mean it is not appropriate to do so. In these circumstances, agencies must record their decision-making processes (Rule 46).

Section and paragraph headings are not part of the Rules and should not be used to assist with interpretation.

Words and phrases that have a special meaning are defined in the ‘More information’ of each rule, or in the Definitions list.

When ‘includes’ or ‘including’ is used before a list in a Rule, or examples are provided, it means the Rule may also cover things not specifically listed.

References to Acts or Regulations include any amendments made to them and any Acts or Regulations that succeed them.

Agencies can rely on the Rules to incorporate New Zealand’s international free trade commitments on government procurement, and don’t need to refer directly to these treaties and agreements.

Use the Guide to Procurement to help you apply the Rules

The Rules are supported by the Guide to Procurement, a step-by-step guide to the procurement lifecycle. The Guide helps agencies make sure they’re conducting their procurements properly and thoroughly, and considering all aspects of good procurement practice, in line with the Rules.

The Guide will help you:

plan before approaching the market
source quality responses from the right suppliers
manage the contract for a successful outcome.

You must understand the market, the best way to source your requirements, and then consider how the Rules apply.

The Guide provides additional tools, templates, and external resources you might need.

Other sources of guidance include the Office of the Auditor-General and Learning for Government Procurement – Hīkina (needs a login to access).

The Guide is not a substitute for the Rules and cannot be used in isolation. You must always consult the Rules in the first instance.

If you’re unsure of anything and can’t find the answers in the Rules or the Guide, contact us.

Background to the Rules

The Rules operate within an important context of public value and best practice standards. Whether you’re just starting out as a government procurement practitioner or have years of experience, it’s useful to understand this context before applying the Rules.

Foreword from the procurement system leader

What is procurement?

What is public value?

What is good procurement?

What are the Rules?

Why have Rules?

Treaty of Waitangi / Te Tiriti o Waitangi