RESTRICTED  
  
GPA/MOD/NZL/3  
 
27 October 2016  
(16-5914) Page: 1/8 
Committee on Government Procurement  Original: English  
 
PROPOSED MODIFICATIONS TO APPENDIX I OF NEW ZEALAND UNDER THE REVISED 
AGREEMENT ON GOVERNMENT PROCUREMENT  
COMMUNICATION FROM NEW ZEALAND PURSUANT TO ARTICLE XI X:11 OF THE  
REVISED AGREEMENT ON GOVERNMENT PROCUREMENT  
The following communication, dated 27 October 2016 , is being circulated at the request of the 
Delegation of New Zealand.  
 
_______________  
 
 
1.  Pursuant to paragraph 1 of Article XIX of the revised Agreement on Government Procurement 
(hereinafter "the revised Agreement"), New Zealand hereby notifies the Committee on 
Government Procurement of the following modifications to its Appendix I of the revised 
Agreement:  
a. Remove "Canterbur y Earthquake Recovery Authority " from the List of Entities in Annex 1 
as it has been disestablished;  
b. Add "Ōtākaro Limited " to the List of Entities in Annex 3  in substitution for " Canterbur y 
Earthquake Recovery Authority" ; and  
c. Add the following note to Annex 3: "Ōtākaro Limited : All obligations in the Agreement 
specifically relating to Annex 1 entities shall apply. For greater certainty, t he thresholds 
are SDR 130,000 for Goods and Services and SDR 5,000,000 for Construction Services , 
and all agencies subordinate to Ōtākaro  are covered. " 
2.  The above modifications arise from the following:  
a. The Canterbury Earthquake Recovery Authori ty (CERA) was established as a government 
department for a period of five years  on 29 March 2011 under the State Sector Act 1988 
through the State Sector (Establishment of Canterbury Earthquake Recovery Authority 
as a Departmental Agency) Order 2014. Its p urpose was to lead and coordinate the New 
Zealand Government 's response and recovery efforts following the earthquakes of 2010 
and 2011 in Canterbury  and manage construction projects relating to the rebuild . 
b. CERA was disestablished on 18 April 2016 in acco rdance with section 3 of the State 
Sector (Establishment of Canterbury Earthquake Recovery Authority as a Departmental 
Agency) Order 2014 . 
                                                
1 Article X IX:1 reads as follows: Notification of Proposed  Modification  A Party shall notify the Committee 
of any proposed rectification, transfer of an entity from one annex to another, withdrawal of an entity or other 
modification of its annexes to Appendix I (any of which is hereinafter referred to as "modification"). The Party 
proposing the modification (hereina fter referred to as "modifying Party") shall include in the notification: (a) for 
any proposed withdrawal of an entity from its annexes to Appendix I in exercise of its rights on the grounds 
that government control or influence over the entity's covered pr ocurement has been effectively eliminated, 
evidence of such elimination; or (b) for any other proposed modification, information as to the likely 
consequences of the change for the mutually agreed coverage provided for in this Agreement.  GPA/MOD/NZL/3  
 
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  c. The outstanding projects relating to the Canterbury rebuild have moved to Ōtākaro 
Limited (Ōtākaro), a new Crown comp any incorporated on 17 February 2016. 
Specifically, these projects are:  
i. Convention Centre : A facility to provide meeting and convention spaces, plus a 
civic venue for local and community events.  It is intended that tender documentation 
will be published in  late 2016.  
ii. Stadium : A 35,000 capacity sports stadium close to the city centre. This project is 
undergoing a feasibility assessment and a decision on whether to proceed has not 
yet been made.  
d. Ōtākaro 's covered procurement activities are limited to the abovementioned projects as 
transferred to it from CERA  on 18 April 2016. It is anticipated that the procurement 
projects inherited from CERA and now managed by Ōtākaro relating to the Canterbury 
rebuild will be completed by 2020.   
e. Ōtākaro has been placed in Annex 3 because it is a Schedule 4A Company under the 
Public Finance Act 1989 rather than a central government department . However, in 
order to maintain the equivalent coverage offered by New Ze aland, the thresholds for 
Ōtākaro align with Annex 1 entities and a note has been added stating that all other 
provisions in the GPA that relate to Annex 1 entities shall apply to Ōtākaro . 
3.  The above modifications do not alter the level of mutually agreed c overage provided in New 
Zealand's Appendix I .  
4.  Attachment A to this document shows (in bold, strikeout or underlining) the proposed 
modification s by New Zealand to the corresponding pages of Annex 1 and Annex 3 to 
Appendix  I. Attachment B indicates how the se pages would appear after the proposed 
modifications have been accepted.2 
 
                                                
2 Attachments A an d B are in English only.  GPA/MOD/NZL/3  
 
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APPENDIX I  NEW ZEALAND  ANNEX 1  Page 1 /1 
 
25 September 2016 (WT/Let/1200)  ATTACHMENT A  
NEW ZEALAND  
(Authentic in the English Language)  
ANNEX 1  
CENTRAL GOVERNMENT E NTITIES  
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 Kōkiri Ministry of Māori Development;  
20. New Zeala nd Customs Service;  
21. Ministry for Pacific Peoples;  
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 for Women ; 
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/MOD/NZL/3  
 
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APPENDIX I  NEW ZEALAND  ANNEX 3  Page 1 /12 
 
26 September 2015 (WT/Let/1085)  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  (Note 1);  
2. Careers New Zealand;  
3. Civil Aviation Author ity 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. Ōtākaro Limited  (Note 4 ); 
14. Sport New Zealand (Note 2);  
15. Tertiary Education Commission ; 
16. Education New Zealand;  
17. Airways Corporation of New Zealand Limited;  
18. Meteorological S ervice of New Zealand Limited;  
19. KiwiRail Holdings Limited;  
20. Transpower New Zealand Limited (Note 3).  
Note s to Annex 3  
1.  Accident Compensation Corporation: This Agreement does not cover procurement of pension 
fund management, public insurance and fund p lacements, 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 spo rt performance.  
3.  Transpower New Zealand Limited: The following procurements are excluded from cover:  
a. Electrical stringing services ( part of the total range of activities covered by 
CPC Prov. 5134) ; 
b. Tower painting services ( part of the total range of activit ies covered by CPC  Prov. 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/MOD/NZL/3  
 
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APPENDIX I  NEW ZEALAND  ANNEX 3  Page 2/2 
 
… 2016 (WT/Let/…)  4.  Ōtākaro Limited: All obligations in the Agreement specifically relating to Annex 1 
entities shall apply. For greater certainty, the thresholds are SDR 130,000 for Goods and 
Services and SDR  5,000,000 for Construction Services, and all agencies subordinate to 
Ōtākaro are covered.  GPA/MOD/NZL/3  
 
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APPENDIX I  NEW ZEALAND  ANNEX 1  Page 1 /1 
 
… 2016  (WT/Let/ …) ATTACHMENT B  
NEW ZEALAND  
(Authentic in the English Language)  
ANNEX 1  
CENTRAL GOVERNMENT E NTITIES  
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. Department of Conservation;  
3. Department of Corrections;  
4. Crown Law Office;  
5. Ministry of Business, Innovation and Employment;  
6. Ministry for Culture and Heritage;  
7. Ministry of Defence;  
8. Ministry of Education;  
9. Education Review Office;  
10. Ministry for the Environment;  
11. Ministry of Foreign Affairs and Trade;  
12. Government Communications Security Bureau;  
13. Ministry of Health;  
14. Inland Revenue Department;  
15. Department of Internal Affairs;  
16. Ministry of Justice;  
17. Land Information New Zealand;  
18. Te Puni Kōkiri Ministry of Māori Development;  
19. New Zealand Customs Service;  
20. Ministry for Pacific Peoples;  
21. Department of the Prime Minister and Cabinet;  
22. Serious Fraud Office;  
23. Ministry of Social Development;  
24. State Services Commission;  
25. Statistics New Zealand;  
26. Ministry of Transport;  
27. The Treasury;  
28. Ministry for Women;  
29. New Zealand Defence Force;  
30. New Zealand Police.  
Note to Annex 1  
All agencies subordinate to th e above listed central government entities are covered.GPA/MOD/NZL/3  
 
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APPENDIX I  NEW ZEALAND  ANNEX 3  Page 1 /2 
 
… 2016  (WT/Let/ …) 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  (Note 1);  
2. Careers New Zealand;  
3. Civil Aviation Authority of New Zealand;  
4. Energy Efficiency and Conservation Authority ; 
5. Housing New Zealand Corporatio n; 
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. Ōtākaro Limited  (Note 4);  
14. Sport New Zealand (Note 2);  
15. Tertiary Education Commission ; 
16. Education New Zealand;  
17. Airways Corporation of New Zealand Limited;  
18. Meteorological Service of New Zealand Limited;  
19. KiwiRail Holdings Limited;  
20. Transpower New Zealand Limited  (Note 3).  
Note s to Annex 3  
1.  Accident Compensation Corporation: This Agreement does not cover procurement of pension 
fund management, public insurance and fund placements, 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 cov er: 
a. Electrical stringing services ( part of the total range of activities covered by 
CPC Prov. 5134) ; 
b. Tower painting services ( part of the total range of activities covered by CPC  Prov. 5173) ; 
c. For greater certainty, projects funded directly by private secto r customers where those 
projects would not be undertaken except for the funding provided by those customers . GPA/MOD/NZL/3  
 
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APPENDIX I  NEW ZEALAND  ANNEX 3  Page 2/2 
 
… 2016 (WT/Let/…)  4.  Ōtākaro Limited: All obligations in the Agreement specifically relating to Annex 1 entities shall 
apply. For greater certainty, the thresholds are SDR 130,000 for Goods and Services and 
SDR 5,000,000 for Construction Services, and all agencies subordinate to Ōtākaro are covered.  
__________