RESTRICTED  
  
GPA/ACC/NZL/12  
 
16 October 2014  
(14-5921)  Page: 1/12  
Committee on Government Procurement  Original: English  
 
 ACCESSION TO THE AGREEMENT ON GOVERNMENT PROCUREMENT 
OF NEW ZEALAND 
Draft Decision of the Committee of 29 October 2014 
(for adoption, if agreeable, at the meeting of  the Committee on Government Procurement to be 
held on 29 October 2014, at 10 a.m.) 
 
_______________ 
  The Committee on Government Procurement, 
Having regard to Article XXIV:2 of the Agreement on Government Procurement done at 
Marrakesh on 15 April 1994 (the "1994 Agreement"),  and Article XXII:2 of the 1994 Agreement on 
Government Procurement as amended by the Protocol Amending the Agreement on Government 
Procurement, done at Geneva on 30 March 2012 (the "amended Agreement")
1; 
Having regard to the decision of the Committee on Government Procurement on adoption of 
the text of the Protocol Amending the Agreement on Government Procurement, taken on 
30 March 2012 (Appendix 1 to GPA/113 of 2 April 2012), and in particular its paragraphs 3 and 4;  
Having regard to the entry into force of the Protocol Amending the Agreement on 
Government Procurement on 6 April 2014 in accordance with paragraph 3 of the said Protocol, and to the subsequent acceptance of the Protoc ol Amending the Agreement on Government 
Procurement by two additional Parties;  
Noting  also that three other Parties to the Agreement on Government Procurement have still 
to accept the Protocol Amending the Agreement on Government Procurement; and 
Considering New Zealand's application for accession to the Agreement on Government 
Procurement, contained in document GPA/115 of 1 October 2012, and the consultations held with the Parties to the Agreement on Government Procurement and additional documentation 
submitted in pursuance thereof; 
Decides as follows:  
1. In accordance with the provisions of Article XXIV:2 of the 1994 Agreement and 
Article XXII:2 of the amended Agreement, New Zealand may accede to the Agreement on 
Government Procurement on the terms of this decision including its attachments. 
2. The Agreement on Government Procurement shall enter into force for New Zealand on the 
thirtieth day following the date of its accession, i. e. the date on which the instrument of accession 
reproducing the terms of this decision, including its Attachment A, has been received by the 
Director-General. 
3. Pursuant to paragraph 4 of the decision of the Committee on Government Procurement on 
adoption of the text of the Protocol Amending the Agreement on Government Procurement, taken 
                                               
1 The 1994 Agreement and the amended Agreement are hereafter referred to together as the 
"Agreement on Govern ment Procurement". GPA/ACC/NZL/12 
 
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  on 30 March 2012 (Appendix 1 to GPA/113 of 2 April 2012), New Zealand shall be bound by the 
said Protocol from the date of entry into force of the Agreement on Government Procurement for it. 
4. From the date of entry into force of the Agreement on Government Procurement for it, 
New Zealand shall provide access to the procurement that it covers under Appendix I as set out in 
Attachment A to this decision to all Parties to the Agreement on Government Procurement. 
5. From the date of entry into force of the Agreement on Government Procurement for 
New Zealand, the European Union's Appendix I Annexes will apply subject to the terms set out in 
Attachment B to this Decision. 
6. Until the Protocol Amending the Agreement on Government Procurement has entered into 
force for all Parties to the 1994 Agreement, as between New Zealand and a Party only to the 
1994 Agreement, the latter Party's Appendix I to the 1994 Agreement shall apply. 
7. This Decision shall expire nine months after the date of its adoption by the Committee on 
Government Procurement unless it is extended by that Committee by mutual consent between the 
Committee and New Zealand. 
8. From the date of entry into force of the Agreement on Government Procurement for 
New Zealand, the terms attached to its instrument of accession shall become an integral part of 
the Agreement on Government Procurement as th e Appendices with regard to New Zealand. 
 GPA/ACC/NZL/12 
 
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 ATTACHMENT A 
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       SDR 130,000  
 
Services      SDR 130,000 
 
Construction Services   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; 
                                               
 In English only. GPA/ACC/NZL/12 
 
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  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. 
Note to Annex 1 
All agencies subordinate to the above listed central government entities are covered. 
 GPA/ACC/NZL/12 
 
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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      SDR 200,000 
 
Services     SDR 200,000 
 
Construction Services   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/12 
 
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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      SDR 400,000 
 
Services     SDR 400,000 
 Construction Services   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 foll owing 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/12 
 
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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/12 
 
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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 Prov.) 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/12 
 
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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 Prov.) as set out in document 
MTN.GNS/W/120. 
 GPA/ACC/NZL/12 
 
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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. 
 
                                               
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. GPA/ACC/NZL/12 
 
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 APPENDIX II 
ELECTRONIC OR PAPER MEDIA UTILIZED BY PARTIES FOR THE PUBLICATION OF 
LAWS, REGULATIONS, JUDICIAL DECISIONS, ADMINISTRATIVE RULINGS OF GENERAL 
APPLICATION, STANDARD CONTRACT CLAUSES, AND PROCEDURES REGARDING GOVERNMENT 
PROCUREMENT COVERED BY THIS AGREEMENT PURSUANT TO ARTICLE VI 
NEW ZEALAND  
1. Publication of general laws and regulations – http://www.legislation.govt.nz ; 
2. Publication of GP measures – http://www.procurement.govt.nz : 
3. Publication of Judicial Decisions, Administrative Rulings of General Application: 
1. Judicial decisions online – http://www.justice.govt.nz ; 
2. The New Zealand Gazette – official news paper of the New Zealand Government; 
3. New Zealand Law Reports – official report series of New Zealand. 
4. Publication of Standard Contract Clauses and Procedures regarding Government 
Procurement – http://www.procurement.govt.nz . 
_______________ 
APPENDIX III 
ELECTRONIC OR PAPER MEDIA UTILIZED BY PARTIES FOR THE PUBLICATION OF NOTICES 
REQUIRED BY ARTICLES VII, IX:7 AND XVI:2 PURSUANT TO ARTICLE VI 
NEW ZEALAND  
1. Publication of Notices Required by Articles VII, IX:7 AND XVI:2 – http://www.gets.govt.nz . 
_______________ 
APPENDIX IV 
WEBSITE ADDRESS OR ADDRES SES WHERE PARTIES PUBLISH PROCUREMENT STATISTICS 
PURSUANT TO ARTICLE XVI:5 AND NOTICES CO NCERNING AWARDED CONT RACTS PURSUANT TO 
ARTICLE XVI:6 
NEW ZEALAND  
1. Publication of procurement statistics – http://www.procurement.govt.nz ; 
2. Publication of notices concerning awarded contracts – http://www.gets.govt.nz . 
 GPA/ACC/NZL/12 
 
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 ATTACHMENT B 
EUROPEAN UNION TERMS OF NEW ZEALAND'S ACCESSION TO THE GPA 
1.  Upon New Zealand's accession to the Agreement on Government Procurement point 3 of 
section 2 ("The Central Government contracting authorities of the EU Member States") of Annex 1 
to Appendix I to the European Union shall read as follows:  
"3. For the goods, services, suppliers and service providers of the United States; 
Canada; Japan; Hong Kong, China; Sing apore; Korea; Armenia; the Separate 
Customs Territory of Taiwan, Penghu, Kinmen and Matsu and New Zealand, 
procurement by the following central govern ment contracting authorities, provided 
they are not marked by an asterisk." 
2.  Upon New Zealand's accession to the Agreement on Government Procurement Note 1 of the 
Notes to Annex 2 of Appendix I of the European Union shall include the following points after the 
point e.: 
"f. procurement by local contracting authorities (contracting authorities of administrative 
units listed under NUTS 3 and smaller administrative units, as referred to in Regulation 
1059/2003 (as amended)) in regard of goods,  services, suppliers and service providers 
from New Zealand; 
g. procurement by contracting authorities of ad ministrative units listed under NUTS 1 and 2 
as referred to in Regulation 1059/2003 (as amended), in regard of goods, services, suppliers and service providers from New Zealand, unless their procurement is covered under the EU Annex 3; " 
3.  Upon New Zealand's accession to the Agreement on Government Procurement Note 6 of the 
Notes to Annex 3 to Appendix I to the European Union shall include the following points after the point n.: 
"o. procurement by procuring entities operatin g in the field of production, transport or 
distribution of drinking water covered under this Annex in regard of supplies, services 
and service providers from New Zealand; 
p. procurement by procuring entities operating in  the field of airport facilities covered under 
this Annex in regard of supplies, services, and service providers from New Zealand; 
q. procurement by procuring entities operating in the field of the provision of maritime or 
inland port or other terminal facilities covered under this Annex in regard of supplies, 
services, and service providers from New Zealand; 
r. procurement by regional or local contracting authorities operating in the fields covered 
by this Annex, in regard of supplies, serv ices, and service providers from New Zealand, 
with the exception of procurement by contracting authorities of administrative units 
listed under NUTS 1 and 2 (as referred to in Regulation 1059/2003, as amended) operating in the field of transport by urban railway, automatic systems, tramway, trolley 
bus, bus and cable;" 
 
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