RESTRICTED  
  
GPA/ACC/NZL/10  
 
21 July 2014  
(14-4223)  Page: 1/10  
Committee on Government Procurement  Original: English  
 
 ACCESSION OF NEW ZEALAND TO THE  
AGREEMENT ON GOVERNMENT PROCUREMENT 
FINAL OFFER 
The following communication, dated 21 July 2014, ha s been received from the Delegation of New 
Zealand.  
 
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1.  In September 2012, New Zealand submitted its application for accession to the revised WTO 
Agreement on Government Procurement (GPA), its replies to the Checklist of Issues, and its initial Appendix I offer. Since that date, New Zealand ha s submitted first and second revised Appendix I 
offers, in September and November 2013. 
2.  Discussions of proposed additional cove rage and other potential improvements to New 
Zealand's second revised Appendix I offer took place over the course of bilateral meetings on 
24-25 June 2014 in Geneva, Switzerland, as well as intersessionally both before and after those 
dates, with many Parties indicating their agreem ent in principle to the proposed final package. 
3.  In accordance with the commitments made in those discussions and as a result of further 
discussions with some Parties, the final Appendix I offer of New Zealand includes the following 
improvements and clarifications: 
Annex 1 
 Updating the name of the Ministry of Maori Development to "Te Puni Kokiri Ministry of Maori 
Development". 
 Deleting the phrase "provided that such agency does not have a separate legal personality", 
as requested by some Parties. 
 
Annex 2 
 The extension of coverage to include three city councils and four regional councils with 
respect to procurement relating to transport projects funded by the New Zealand 
Transport Agency. 
 The addition of a note clarifying that proc urement by the listed District Health Boards, 
conducted through their agent healthAlliance Limited, is covered. 
 Deletion of the phrase in the notes "Procurement procedures substantially equivalent to the 
WTO Agreement on Government Procurement shall apply", as requested by some Parties. 
 
Annex 3 
 The addition of four State-Owned Enterprises, with two limited exclusions and a clarification 
relating to Transpower New Zealand Limited. 
 The note relating to procurement of pension fund management, public insurance and fund 
placements, investments and financial services related to securities or trading on an 
exchange has been moved from Annex 5 to Annex 3, and is linked to the Accident Compensation Corporation. GPA/ACC/NZL/10 
 
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Annex 7 
 Deletion of the note excluding "Procurement of  storage or hosting of government data and 
related services", as requested by some parties. 
4.  These improvements bring the value of procurement conducted by entities included in the offer 
to approximately NZD 22.4 billion per year. 
5.  With this background and in light of statem ents of various GPA Parties, New Zealand herewith 
submits its final Appendix I offer (i.e. the final terms of the accession of New Zealand to the 
revised WTO Agreement on Government Procurement) and requests the favourable consideration of all GPA Parties at the Committee's earliest convenience. 
6.  The information to be included in New Zealand' s Appendices II, III and IV  will be provided prior 
to or at the time of the submission of New Zealand's instrument of accession to the Agreement. 
7.  New Zealand understands that it is the common goal of the Committee on Government 
Procurement to reach a prompt conclusion to New Zealand's GPA accession, if possible by 
July 2014. New Zealand shares this goal. 
 
 GPA/ACC/NZL/10 
 
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 TERMS OF ACCESSION OF NEW ZEALAND TO THE  
REVISED AGREEMENT ON GOVERNMENT PROCUREMENT 
APPENDIX I 
NEW ZEALAND 
(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. Te Puni K ōkiri 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; 
                                               
 In English only. GPA/ACC/NZL/10 
 
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  30. New Zealand Defence Force; 
31. New Zealand Police. 
Note to Annex 1 All agencies subordinate to the above listed central government entities are covered. 
 
 GPA/ACC/NZL/10 
 
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 ANNEX 2 
SUB-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 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 
10. Bay of Plenty District Health Board 
11. Southern District Health Board 
12. Auckland Council* 
13. Wellington City Council* 
14. Christchurch City Council* 
15. Waikato Regional Council* 
16. Bay of Plenty Re gional Council* 
17. Greater Wellington Regional Council* 
18. Canterbury Regional Council* 
 
*Coverage of these entities is limited to the pr ocurement of goods, services and construction 
services relating to transport projects funded, in whole or in part, by the New Zealand Transport Agency for which the value of the procurement equals or exceeds the applicable threshold 
specified above. For greater certainty, this Agreement does not apply to any other procurement by 
these entities.  
For greater certainty, procurement undertaken by the listed District Health Boards through their 
agent healthAlliance Limited is covered.  GPA/ACC/NZL/10 
 
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 ANNEX 3 
OTHER 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 400,000 
 
Services (specified in Annex 5)     SDR 400,000 
 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; 
15. Education New Zealand; 
16. Airways Corporation of New Zealand Limited; 
17. Meteorological Service of New Zealand Limited; 
18. KiwiRail Holdings Limited; 
19. Transpower New Zealand Limited. 
Notes to Annex 3 
1.  Accident Compensation Corporation: This Agreement does not cover procurement of pension 
fund management, public insurance and fund pl acements, investments and financial services 
related to securities or trading on an exchange. 
2.  Sport New Zealand: The Agreement does not apply to the procurement of goods and services 
containing confidential information related to enhancing competitive sport performance. 
3.  Transpower New Zealand Limited: The following procurements are excluded from cover: 
a. Electrical stringing services (CPC 5134**); 
b. Tower painting services (CPC 5173**); 
c. For greater certainty, projects funded directly by private sector customers where those 
projects would not be undertaken except for the funding provided by those customers. 
 GPA/ACC/NZL/10 
 
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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/10 
 
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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 following 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 develo pment services (CPC Prov. 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/10 
 
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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/10 
 
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 ANNEX 7 
GENERAL NOTES 
The following General Notes apply without exception to this Agreement, including to 
Annexes 1 through 6. 
 
1.  This Agreement does not cover: 
a. for greater certainty, governmental provision of goods and services to persons or 
governmental authorities not specifically co vered under the Annexes to this Agreement; 
b. procurement of goods or services in respect of contracts for construction, refurbishment 
or furnishing of chanceries abroad; 
c. procurement of goods or services outside th e territory of New Zealand for consumption 
outside the territory of New Zealand; 
d. for greater certainty under Article II:3(b), commercial sponsorship arrangements; 
e. any procurement made by an entity covered under this Appendix on behalf of an 
organisation that is not an entity covered under this Appendix; 
f. procurement by an entity covered under this Appendix from another entity covered 
under this Appendix, except where tenders are called, in which case, this Agreement shall apply; and 
g. any procurement for the purposes of developing, protecting or preserving national 
treasures of artistic, historic, archaeological value of cultural heritage. 
2.  For greater certainty, a procuring entity may apply limited tendering procedures under 
Article XIII:1(b) (ii) and (iii) in relation to unsolicited unique proposals.
1 
3.  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 accord 
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. 
4.  The interpretation of the Tr eaty of Waitangi, including as to the nature of the rights and 
obligations arising under it, shall not be subject to the dispute settlement provisions of this 
Agreement. 
 
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1 As defined and handled according to the New Zeal and Government guidance document, "Unsolicited 
Unique Proposals – How to deal with uninvited bids" (May 2013), updated from time to time.