RESTRICTED  
  
GPA/MOD/NZL/7  
 
23 April 2018 
(18-2526) Page: 1/6 
Committee on Government Procurement  Original: English  
 
PROPOSED MODIFICATIO NS TO APPENDIX I OF NEW ZEALAND UNDER TH E REVISED 
AGREEMENT ON GOVERNM ENT PROCUREMENT  
COMMUNICATION FROM N EW ZEALAND PURSUANT TO ARTICLE XIX:11 OF THE  
REVISED AGREEMENT ON GOVERNM ENT PROCUREMENT  
The following communication, dated 20 April  2018, 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 Proc urement 
(hereinafter "the revised Agreement"), New Zealand hereby notifies the Committee on 
Government Procurement of the following modifications to its Annex 3, Appendix I of the revised 
Agreement:  
a. Remove "New Zealand Fire Service Commission " from the Lis t of Entities in Annex 3 as it 
has been disestablished;  
b. Add "Fire and Emergency New Zealand"  to the List of Entities in Annex 3 in substitution 
for "New Zealand Fire Service Commission "; and  
c. Add the following Note to Annex 3:  "Fire and Emergency New Zealan d: This Agreement 
only covers procurement that was previously covered by the New Zealand Fire Service 
Commission.  For the avoidance of doubt, the following procurements are excluded from 
cover : any procurement by Fire and Emergency New Zealand that was pre viously 
conducted by Rural Fire Authorities, Rural Fire Committees and/or Territorial Authorities 
(for the purposes of their functions under the Forest and Rural Fires Act 1977). " 
2.  The above modification arises from the following:  
a. On 1 July 2017, Fire and E mergency New Zealand (FENZ) was constituted pursuant to 
section 8 of the Fire and Emergency New Zealand Act 2017.   
b. FENZ replaced the Fire Service Commission and was also an amalgamation of certain 
functions, assets, rights and responsibilities and a number  of entities.  These entities 
included a number of Rural Fire Committees, Rural Fire Authorities and Territorial 
Authorities.  
3.  The above modifications do not alter the level of mutually agreed coverage provided in New 
Zealand 's Appendix I.  
                                                
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 w hich is hereinafter referred to as "modification"). The Party 
proposing the modification (hereinafter 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 exerci se of its rights on the grounds 
that government control or influence over the entity's covered procurement 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/7  
 
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  4.  Attachment A to t his document shows (in strikeout or underlining) the proposed modifications 
by New Zealand to the corresponding page s of Annex 3 of Appendix I.  Attachment B indicates how 
these  pages would appear after the proposed modifications have been accepted.2 
                                                
2 Attachments A and B are in English only.  GPA/MOD/NZL/7  
 
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13 January 2018 (WT/Let/1331)  APPENDIX I  NEW ZEALAND  ANNEX 3  Page 1/2 
ATTACHMENT A  
 
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. Civil Aviation Authority of New Zealand;  
3. Energy Efficiency and Conservation Authority ; 
4. Housing  New Zealand Corporation ; 
5. Maritime New Zealand;  
6. New Zealand Antarctic Institute;  
7. New Zealand Fire Service Commission Fire and Emergency New Zealand (Note 5) ; 
8. New Zealand Qualifications Authority ; 
9. New Zealand Tourism Board ; 
10. New Zealand Trade and Enterprise ; 
11. New Zealand Transport Agency ; 
12. Ōtākaro Limited  (Note 4);  
13. Sport New Zealand (Note 2);  
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 (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 securiti es 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 pro curements 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 activities 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/7  
 
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11 December 2016 (WT/Let/12 24) APPENDIX I  NEW ZEALAND  ANNEX 3  Page 2/2 
 
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 Ōtāk aro are covered.  
5. Fire and Emergency New Zealand:  This Agreement only covers procurement that was 
previously covered by the New Zealand Fire Service Commission.  For the avoidance of 
doubt, the following procurements are excluded from cover : any procureme nt by Fire 
and Emergency New Zealand that was previously conducted by Rural Fire Authorities, 
Rural Fire Committees and/or Territorial Authorities (for the purposes of their functions 
under the Forest and Rural Fires Act 1977).  
 GPA/MOD/NZL/7  
 
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… 2018 (WT/Let/…)  APPENDIX I  NEW ZEALAND  ANNEX 3  Page 1/2 
ATTACHMENT B  
 
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. Civil Aviation Authority of New Zealand;  
3. Energy Efficiency and Conservation Authority ; 
4. Housing New Zealand Corporatio n; 
5. Maritime New Zealand;  
6. New Zealand Antarctic Institute;  
7. Fire and Emergency New Zealand (Note 5) ; 
8. New Zealand Qualifications Authority ; 
9. New Zealand Tourism Board ; 
10. New Zealand Trade and Enterprise ; 
11. New Zealand Transport Agency ; 
12. Ōtākaro Limited  (Note 4);  
13. Sport New Zealand (Note 2);  
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 (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 Agreem ent 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 ser vices ( 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  sector customers where those 
projects would not be undertaken except for the funding provided by those customers . GPA/MOD/NZL/7  
 
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… 2018 (WT/Let/…)  APPENDIX I  NEW ZEALAND  ANNEX 3  Page 2 /2 
 
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 Ōtāk aro are covered.  
5.  Fire and Emergency New Zealand: This Agreement only covers procurement that was 
previously covered by the New Zealand Fire Service Commission. For the avoidance of doubt, the 
following procu rements are excluded from cover:  any procurement by Fire and Emergency New 
Zealand that was previously conducted by Rural Fire Authorities, Rural Fire Committees and/or 
Territorial Authorities (for the purposes of their functions under the Forest and Rural Fires Act 
1977).  
 
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