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Rule 11:
Non-procurement activities

Lists activities which are not considered procurement, for the purposes of the Rules.

  1. For the purposes of the Rules, the following activities are deemed not to be procurement activities:
    1. employing staff (excluding the engagement of contractors and consultants)
    2. disposals and sales by tender
    3. investments, loans and guarantees
    4. gifts, donations and any form of unconditional grants
    5. statutory appointments
    6. Ministerial appointments
    7. Core Crown legal matters
    8. public prosecutions as defined in section 5 of the Criminal Procedure Act 2011.

More information on non-procurement activities

Gifts, donations and unconditional grants - for information about these, read the Auditor-General's guide Public sector purchases, grants, and gifts: Managing funding arrangements with external parties, on the Office of the Auditor-General website.

Statutory appointments are made under statutory authority and include appointments made by warrant from the Governor-General under the Letters Patent, eg Crown Solicitors.

Ministerial appointments are non-statutory government board and advisory body appointments made by Ministers or Cabinet. A situation where a Minister instructs an agency to appoint a named consultant to undertake a piece of work is not a Ministerial appointment.

Core Crown legal matters is defined in Cabinet's directions for the conduct of Crown legal business 2012 (reference: Cabinet Office Circular CLO (12) 8). These are published in the Cabinet manual.

Public service departments, New Zealand Police and New Zealand Defence Force (and bodies, decision-makers, office-holders and employees within those agencies) must refer all their requirements for external legal services relating to Core Crown legal matters to the Solicitor-General. These matters are usually dealt with by the Crown Law Office.

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