RESTRICTED  
  
GPA/ACC/NZL/7  
 
24 September 2013  
(13-5137)  Page: 1/9  
Committee on Government Procurement  Original: English  
 
 ACCESSION OF NEW ZEALAND TO THE  
AGREEMENT ON GOVERNMENT PROCUREMENT 
COMMUNICATION FROM NEW ZEALAND 
Revised Offer1 
The following communication, dated 23 September 2013, has been received from the Delegation of 
New Zealand. 
 
 
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This document comprises New Zealand's first revise d Appendix I Offer relating to its accession to 
the WTO Agreement on Government Procurement (GPA). It remains New Zealand's intention to 
complete its accession with reference to the revi sed text of the GPA adopted by the Parties on 
30 March 2012 (as contained in GPA/113 of 2 April 2012).  
Key revisions include: 
 
 The inclusion of entities subordinate to Annex 1: Central Government Entities; 
 The addition of nine entities in Annex 2: Sub-Central Government Entities; 
 The addition of 14 entities in Annex 3: Other Entities; 
 Clarification in the General Notes of governmental provision of goods and services and 
commercial sponsorship agreements; and 
 The addition of Notes relating to: pension f und placement and share trading, unsolicited 
unique proposals, services purchased under ex clusive rights, national treasures, data 
storage and hosting, measures relating to the Treaty of Waitangi. 
Additions to New Zealand's initial offer are indicated in bold. 
 This offer is made on a provisional basis, and is circulated for discussion purposes only. New Zealand reserves the right to revise this offer at any time, including to correct any error, 
omission or inaccuracy. 
  
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1 In English only. GPA/ACC/NZL/7 
 
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  REVISED APPENDIX I OFFER OF NEW ZEALAND 
WITHOUT PREJUDICE 
(SEPTEMBER 2013) 
(Authentic in the English Language) 
ANNEX 1 
CENTRAL GOVERNMENT ENTITIES 
Unless otherwise specified, this Agreement covers procurement by entities listed in this Annex, 
subject to the following thresholds: 
 Thresholds:  
Goods  (specified in Annex 4)       SDR 130,000  
 Services  (specified in Annex 5)      SDR 130,000 
 
Construction Services  (specified in Annex 6)   SDR 5,000,000  
 
 
List of Entities:  1. Ministry for Primary Industries 
2. Canterbury Earthquake Recovery Authority 
3. Department of Conservation 4. Department of Corrections 
5. Crown Law Office 
6. Ministry of Business, Innovation and Employment 7. Ministry for Culture and Heritage 
8. Ministry of Defence 
9. Ministry of Education 10. Education Review Office 11. Ministry for the Environment 
12. Ministry of Foreign Affairs and Trade 
13. Government Communications Security Bureau 14. Ministry of Health 
15. Inland Revenue Department 
16. Department of Internal Affairs 17. Ministry of Justice 
18. Land Information New Zealand 
19. Ministry of M āori Development 
20. New Zealand Customs Service 21. Ministry of Pacific Island Affairs 
22. Department of the Prime Minister and Cabinet 
23. Serious Fraud Office 24. Ministry of Social Development  
25. State Services Commission 
26. Statistics New Zealand 27. Ministry of Transport 
28. The Treasury 
29. Ministry of Women's Affairs 30. New Zealand Defence Force 31. New Zealand Police 
 
 GPA/ACC/NZL/7 
 
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  Note to Annex 1 
 All agencies subordinate to the above listed central government entities are covered, provided that such agency does not have a separate legal personality. 
 GPA/ACC/NZL/7 
 
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  ANNEX 2 
SUB-CENTRAL GOVERNMENT ENTITIES 
Unless otherwise specified, this Agreement cove rs procurement by entities listed in this 
Annex, subject to the following thresholds: 
 
Thresholds:  
Goods (specified in Annex 4)       SDR 200,000  
 Services (specified in Annex 5)       SDR 200,000 
 
Construction Services (specified in Annex 6)     SDR 5,000,000  
  
List of entities: 
 1. Auckland District Health Board 
2. Canterbury District Health Board  
3. Capital and Coast District Health Board  
4. Counties Manukau District Health Board  
5. Hutt District Health Board  
6. MidCentral District Health Board  
7. South Canterbury District Health Board  
8. Waikato District Health Board  
9. Waitemata District Health Board  GPA/ACC/NZL/7 
 
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  ANNEX 3 
OTHER ENTITIES 
Unless otherwise specified, this Agreement cove rs procurement by entities listed in this 
Annex, subject to the following thresholds:  
 
Thresholds:  
Goods (specified in Annex 4)       SDR 450,000  
 Services (specified in Annex 5)       SDR 450,000 
 
Construction Services (specified in Annex 6)     SDR 5,000,000  
  
List of entities: 
 1. Accident Compensation Corporation  
2. Careers New Zealand  
3. Civil Aviation Authority of New Zealand  
4. Energy Efficiency and Conservation Authority  
5. Housing New Zealand Corporation  
6. Maritime New Zealand  
7. New Zealand Antarctic Institute  
8. New Zealand Fire Service Commission  
9. New Zealand Qualifications Authority  
10. New Zealand Tourism Board  
11. New Zealand Trade and Enterprise  
12. New Zealand Transport Agency  
13. Sport New Zealand  
14. Tertiary Education Commission  
 
 
Note to Annex 3  
Sport New Zealand: The Agreement does no t apply to the procurement of goods and 
services containing confidential informat ion related to enhancing competitive sport 
performance. 
 GPA/ACC/NZL/7 
 
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  ANNEX 4 
GOODS 
Unless otherwise specified, this Agreement covers pr ocurement of all goods by the entities listed in 
Annexes 1 through 3. GPA/ACC/NZL/7 
 
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  ANNEX 5 
SERVICES 
1.  Unless otherwise specified, this Agreement cove rs procurement of all services by the entities 
listed in Annexes 1 through 3. 
2.  This Agreement does not cover any of the foll owing services as identified in accordance with 
the Provisional Central Product Classification (CPC) as set out in document MTN.GNS/W/120: 
a. procurement of research and development services (CPC 851-853); 
b. procurement of public health services  (CPC 931, including 9311, 9312 and 9319); 
c. procurement of education services (CPC 921, 922, 923, 924, and 929); 
d. procurement of welfare servic es (CPC 933 and 913); and 
e. procurements listed in Annex 7. 
 GPA/ACC/NZL/7 
 
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  ANNEX 6 
CONSTRUCTION SERVICES 
Unless otherwise specified, this Agreement covers procurement of all construction services in 
Division 51 of the Provisional Central Product Classification (CPC) as set out in document 
MTN.GNS/W/120.  GPA/ACC/NZL/7 
 
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  ANNEX 7 
GENERAL NOTES 
The following General Notes apply without exception to this Agreement, including to Annexes 1 
through 6. 
 
This Agreement does not cover:  
1.  governmental provision of goods and services to persons or governmental authorities not 
specifically covered under th e Annexes to this Agreement ; 
2.  procurement of goods or services in respec t of contracts for construction, refurbishment or 
furnishing of chanceries abroad; 
3.  procurement of goods or services outside th e territory of New Zealand for consumption outside 
the territory of New Zealand; 
4.  for greater certainty under Article II:3 (b), commercial sponsorship arrangements; 
5.  any procurement made by an entity covered under this Appendix on behalf of an organisation 
that is not an entity covered under this Appendix; 
6.  procurement by an entity covered under this Appendix from another entity covered under this 
Appendix; 
7.  pension fund management, public insuranc e and fund placements, investments and 
financial services related to securi ties or trading on an exchange; 
8.  unsolicited unique proposals; 
9.  services that are purchased under exclusive rights; 
10.  any procurement for the purposes of deve loping, protecting or preserving national 
treasures of artistic, hist oric, archaeological value of cultural heritage; and 
11.  procurement of storage or hosting of  government data and related services. 
Provided that such measures are not used  as a means of arbitrary or unjustified 
discrimination against persons of the other Members or as a disguised restriction on 
trade in goods and services, nothing shall preclude the adoption by New Zealand of 
measures it deems necessary to acco rd more favourable treatment to M āori in respect of 
matters covered by this Agreement including in fulfilment of its obligations under the 
Treaty of Waitangi. 
 
The interpretation of the Treaty of Waitangi, including as to the nature of the rights and 
obligations arising under it, shall not be subj ect to the dispute settlement provisions of 
this Agreement. 
  
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