Rule 5:
Who the Rules apply to

Required application

1. The following agencies must apply the Rules:
   1. all Public Service departments
   2. New Zealand Police
   3. New Zealand Defence Force
   4. State Services agencies covered by the Whole of Government Direction. A list of these agencies is available on the Mandated and eligible agencies page.
2. Crown Research Institutes must have regard to the Rules.
3. Certain agencies not listed in Rules 5.1 and 5.2 are bound to meet the requirements of the World Trade Organisation (WTO) agreement on government procurement or other free trade agreements. For these agencies, only those Rules relevant to the commitments made, and procurement covered by, those agreements will apply. A list of these agencies is available on the Mandated and eligible agencies page.
4. The agencies identified in Rules 6.1 and 6.2 may be audited for compliance with the Rules (eg by the Auditor-General under the Public Audit Act 2001).

Good practice guidance only

5. School Boards of Trustees, Public Finance Act Schedule 4 organisations, and the Reserve Bank of New Zealand are expected to have regard to the Rules as good practice guidance.
6. Wider state sector and public sector agencies are encouraged to have regard to the Rules as good practice guidance.
7. In applying the Rules as good practice guidance, the agencies identified in Rules 5.5 and 5.6 are to interpret all 'must' Rules as 'should' Rules.

Defining who the rules apply to

New Zealand's central government is made up of agencies in the public service, state services and state sector. A full list of these agencies is available on the Te Kawa Mataaho Public Services Commission website. Local government agencies are part of the public sector. For convenience, the Rules refer to all central and local government agencies as 'agencies'.

New Zealand's central government organisations - Te Kawa Mataaho Public Service Commission

Public service departments are the core departments and ministries listed in the State Sector Act 1988, Schedule 1.

State services agencies covered by the whole of Government direction are required to follow the Government Procurement Rules. These agencies include:

1. 1. • Crown agents
      • Autonomous Crown Entities
      • Independent Crown Entities
      • Crown Entity companies
      • Public Finance Act Schedule 4A companies

These state services agencies are not covered by the whole of Government direction but are expected to follow the Government Procurement Rules:

1. 1. • School Boards of Trustees
      • Crown Entity subsidiaries
      • Public Finance Act Schedule 4 companies
      • Reserve Bank of New Zealand

Other state sector and public sector agencies are encouraged to follow the Government Procurement Rules.

Mandated and eligible agencies

Check if you're eligible to use the New Zealand Government collaborative contracts.

Eligibility