Lists activities which are not considered procurement, for the purposes of the Rules.
- For the purposes of the Rules, the following activities are deemed not to be procurement activities:
- employing staff (excluding the engagement of contractors and consultants)
- disposals and sales by tender
- investments, loans and guarantees
- gifts, donations and any form of unconditional grants
- statutory appointments
- Ministerial appointments
- Core Crown legal matters
- 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(external link).
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.