Who the Rules apply to
Explains which agencies and organisations are required to adhere to the Rules.
- The following agencies must apply the Rules:
- all Public Service departments
- New Zealand Police
- New Zealand Defence Force
- State Services agencies covered by the Whole of Government Direction. A list of these agencies is available on the Mandated and eligible agencies page.
- Crown Research Institutes must have regard to the Rules.
- 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.
- 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
- 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.
- Wider State Sector and Public Sector agencies are encouraged to have regard to the Rules as good practice guidance.
- In applying the Rules as good practice guidance, the agencies identified in Rules 6.5 and 6.6 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 State 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'.
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:
- 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:
- 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.
Whole of Government Direction
The Whole of Government Direction on Procurement Functional Leadership, dated 22 April 2014, was made under section 107 of the Crown Entities Act 2004 by the Ministers of Finance and State Services. More information about this, and related directions about ICT and property services, is available on the State Services Commission website.