WORLD TRADE  
ORGANIZATION  RESTRICTED 
GPA/ACC/NZL/2 
4 October 2012 
 (12-5400) 
Committee on Government Procurement Original:   English 
  
 
CHECKLIST OF ISSUES FOR PROVISION OF INFORMATION RELATING TO 
ACCESSION TO THE AGREEMENT ON GOVERNMENT PROCUREMENT  
OF NEW ZEALAND 
 
Replies by New Zealand 
 
 
 The following communication, dated 28 Septembe r 2012, is being circulated at the request of 
the Delegation of New Zealand.  
_______________ 
 
 
I. LEGAL FRAMEWORK FOR GOVERNMENT PROCUREMENT 
 
1. Is there a single central law on pr ocurement?  If so, please specify? 
 
 In New Zealand, government pr ocurement is based on overarching Government Procurement 
Principles (2012) , the Mandatory Rules for Procurement  by Departments (2006), and the 
Procurement Guidance for Public Entities (2008) .  These instruments are mandated by the 
Government and collectively provide a broad "Pro curement Framework" to ensure accountability, 
transparency, non-discrimination a nd optimal procurement results. 
 
 Within the context of the Procurement Fram ework, individual government entities have a 
significant degree of autonomy to determine appropr iate procurement practices for their agency's 
purpose. 
 
 Core government entities (i.e. departments a nd ministries), the New Zealand Defence Force 
and New Zealand Police are required, and other entities are encouraged, to apply the Government 
Procurement Principles (2012)  and the Mandatory Rules for Procurem ent by Departments (2006) to 
their procurement. 
 
Government Procurement Principles (2012) 
 
 The Government Procurement Principles  establish the fundamental norms that should be 
followed in procurement practice.  They are expr essed in plain English so that they are easily 
understood and applied by  government personnel. 
 
Mandatory Rules for Procurement by Departments (2006) 
 
 The Mandatory Rules for Procurement  by Departments  ("Mandatory Rules") set out 
minimum standards and procedures for procurement.   They reflect New Zealand's policy of openness 
and transparency in government and are consistent with the obligations in New Zealand's existing free 
trade agreements.  They address the following matters: GPA/ACC/NZL/2 
Page 2  
 
   Integrity in Procurement Practices 
 Non-Disclosure of Confidential Information 
 Non-Discrimination 
 Technical Specifications 
 Tendering Procedures 
 Post-Award Information and Supplier Debriefing 
 Supplier Complaints 
 Annual Procurement Plans 
 Audit Requirements 
 Exclusions and Exceptions 
 Exceptions to Open Tendering Requirement 
 
The Mandatory Rules are being revised and re named the "Government Procurement Rules".  
The draft Government Procurement Rules are expressed in plain English and will be easy for 
government agencies to understand and apply.   They include and embed the Government 
Procurement Principles (2012) and have been updated to align with the provisions of the Agreement 
on Government Procurement.  References to specifi c provisions in this submission are to the draft 
Government Procurement Ru les (see hyperlink below). 
  They have been released for stakeholder consultation and can be accessed at: 
"http://www.business.govt.nz/procurement/news/draft- new-rules-of-government-procurement-now-
out-for-consultation ." 
Procurement Guidance for Public Entities (2008) 
 The Procurement Guidance for Public Entities ("2008 Guidance")  was issued by the 
Auditor-General who is mandated by the Public Audit Act 2001 to provide Parliament with 
independent assurance that public sector entities ar e operating and accounting for their performance in 
accordance with Parliament's intentions.  It applies to all public sector entities. 
 
 The 2008 Guidance outlines the Auditor-General 's views of the good practice that public 
entities should use to procure goods and services and the expectations that the Auditor-General may 
use when carrying out performance audits or inquiries under the Public Audit Act 2001 or annual 
financial audits.  The 2008 Guidance also provid es practical advice on strategic planning, direct 
procurement, competitive process, relational pur chases, conducting tenders, contracts management, 
and procuring information and communication technology.  
 The Auditor-General may asses s public sector entities' actions against the expectations 
outlined in the 2008 Guidance when carrying out pe rformance audits or inquiries under section 16 or 
section 18 respectively of the Public Audit Act 2001.  
2. What are the other laws, regulations, decrees,  administrative rulings, decisions, policy 
guidelines and other instruments governing government procurement?  Please provide a 
summary of the subject areas dealt with by each  of these instruments.  Please also explain the 
main differences (if any) that exist between their application at the central and sub-central 
levels of government and at other types of entities. 
 
 The Procurement Framework described under question 1 fits within a broader set of 
legislation that is designed to ensure governme nt entities meet high standards of integrity, 
accountability and sound financial management .  Relevant legislation is as follows: 
  GPA/ACC/NZL/2 
 Page 3 
 
 
  - The Public Finance Act 1988  provides a legal framework for the effective and 
efficient management and use of public financial resources. 
 
- The State Sector Act 1988 sets out general administrative  and oversight arrangements 
for the State Sector.  These are designed to ma intain appropriate standards of integrity 
and conduct and support efficien t and responsible management. 
 
- The Public Audit Act 2001  established the role of the Controller and Auditor-General 
(the Auditor-General) to pr ovide independent assurance to Parliament and the public 
that public sector entities are operating and accounting for their performance in 
accordance with Parliament's intentions. 
 
- The Crown Entities Act 2004  establishes the categories of Crown entity, their 
relationship with the Government and th eir powers, governance arrangements and 
reporting and accountability requirements. 
 
- The State-Owned Enterprises Act 1986  outlines the principles governing the 
operation of State-Owned Enterprises and establishes requirements for their 
accountability. 
  In addition to the broad Procurement Fr amework described under question 1 and the 
overarching legislative context described above, pr ocurement relating to na tional land transport 
infrastructure is subject to specific rules and guidance as set out in the  Procurement Manual for 
Activities Funded Through the National Land Transport Programme (2009).  T h i s  M a n u a l  w a s  
approved and issued by the New Zealand Transport Authority under section 25 of the Land Transport 
Management Act 2003. 
 
3. To what extent will the provisions of the Ag reement be applied directly or need to be 
transposed into the relevant law?  In the ev ent of direct application of the Agreement over 
conflicting provisions of domestic law, please indicate the relevant legal basis. 
 
 The provisions of the Agreement will need to  be implemented domestically, which will be 
achieved through the new Government Procurement Rules. 
  
II. SCOPE AND COVERAGE 
 
4. Please summarize the organization of the government in your country, at each level. 
 
 New Zealand is a parliamentary democracy  and a constitutional monarchy based on the 
Westminster tradition.  Our system of government at  the national level is based on the principle that 
power is distributed across three branches of g overnment — Parliament, the Executive, and the 
Judiciary. 
 
 Parliament (also known as the House of Representa tives) consists of all elected 
representatives and is responsible for making the la w.  There is no upper house such as a senate. 
  The Executive  (also known as the Government), is composed of Ministers who are 
responsible to Parliament for the overall performance  of central government, and individually for the 
performance of their specific responsibilities and the agencies for which they are responsible. 
  The Judiciary  is independent and enforces and in terprets the law through the courts. 
 GPA/ACC/NZL/2 
Page 4  
 
  Terms Used to Describe Central Government 
 
 For various purposes, including the applicati on of the Procurement Framework, the following 
terms are commonly used to describe central government: 
 
- The Public Service,  which is comprised of the government departments listed in the 
First Schedule of the State Sector Act 1988. 
 
 - The State Services , which is comprised of the Public Service departments, most 
Crown entities, the Reserve Bank, a range of  agencies listed on the 4th Schedule of 
the Public Finance Act 1989 and the Non-public  Service departments that are part of 
the Executive. 
  - The State Sector , which is comprised of the agen cies whose financial situation and 
performance is included in the Crown accounts as part of the Government reporting 
entity under the Public Finance Act 1989.  This includes the State Services entities, 
tertiary education institutions and State- Owned Enterprises, and departments of the 
Legislative Branch of Government. 
 
Government Entities 
 
 At the level of central government there is a continuum of entities exercising degrees of 
public power.  At one end is the standard department , which is closely overseen by Ministers.  Along 
the continuum are various forms of entities with part ly or wholly independent power.  The main types 
of entity are: 
 
 Departments (also called Ministries) 
 Crown Entities 
 Public Finance Act Fourth Schedule Organisations 
 Offices of Parliament 
 State-Owned Enterprises 
 
Departments 
 
 There are three types of departments: 
 
 Public Service departments (often called Ministries).  These are part of the Executive 
branch of government and are listed in the First Schedule of the State Sector Act 1988. 
 
 Non-public Service departments that are part of the Executive branch of government and 
provide services to Ministers and/or oversee other departments. 
 
 Non-public Service departments  that are part of the legislative branch of government and 
provide services to the House of Representatives. 
 
 Ministers decide the direction and priorities of the departments for which they are 
responsible.  All departmental Chief Executives are fully responsible and accountable for their 
organisation's day-to-day operations.  
  GPA/ACC/NZL/2 
 Page 5 
 
 
  Crown Entities  
 
 Crown Entities are listed in the First Schedule of the Crown Entities Act 2004.  They are legal 
entities in their own right and their functions are ca rried out at "arm's length" from the Government.  
They may be: 
 
 Purchase or funding bodies 
 Service delivery bodies 
 Advisory bodies 
 Trading bodies that are not State-Owned Enterprises 
 Administrative tribunals with some quasi-judicial functions 
 Control and supervisory bodies, other th an Offices of Parliament or tribunals 
 Financial institutions 
 
Public Finance Act Fourth Schedule Organisations 
 
These organizations are special purpose councils, trusts, boards, companies and other legal 
entities that are partially or wholly owned by th e Government but are managed at arms-length from 
the Government. 
 
Offices of Parliament  
 
Offices of Parliament are identified in the Public  Finance Act 1989.  They do not form part of the 
Executive branch of government.  They exist to provi de a check on the arbitrary use of power by the 
Executive and for functions that Parliament itself, if it so wished, might carry out. 
 
State-Owned Enterprises 
 
 State-Owned Enterprises are established under th e State-Owned Enterprises Act 1986.  They 
are limited liability companies or statutory co rporations and operate as commercial businesses. 
 
5. Please list all central government entities (m inistries, departments, agencies, etc.) 
procuring goods, services and construction services. 
 
 All entities are responsible for their own purchasi ng, within the context of the obligations and 
guidance provided by the Procurement Framework and the broader set of laws described in answer to 
questions 1 and 2. 
 
6. What entities at the sub-central level of government (states, provinces, municipalities, 
etc.) procure goods and services? 
 
 New Zealand does not have a sub-central level of government. 
 
7. Which are the enterprises owned or controlled by the government that are subject to the 
rules on government procurement?  Which are th e other entities or categories of entities (Annex 
3-type entities) owned and controlled by the gove rnment that engage in procurement?  Specify. 
 
 Public Service departments as listed in Sche dule 1 of the State Sector Act 1988, the New 
Zealand Police and the New Zealand Defence Force have been directed by Cabinet to follow the 
Mandatory Rules for Procurement;  other govern ment entities are encouraged to follow them. 
 GPA/ACC/NZL/2 
Page 6  
 
   In New Zealand, "other Annex 3-type entiti es" are the Crown Entities, Public Finance Act 
Fourth Schedule Organizations, the Reserve Bank of New Zealand, Offices of Parliament, and 
State-Owned Enterprises.  They are individually r esponsible for their own procurement and are not 
subject to Ministerial direction in respect of procurement.  
8. Do entities listed in response to questions 5, 6 and 7 apply in their procurement the main 
law (if one exists), other legislation provided by the federal or central level of government or are 
they autonomous from federal or central governme nt in their procurement rules and practices?  
Where any of these entities are not subject to the main procurement law, please list the entities 
concerned and indicate which laws, regulations , etc., they are subject to.  How will your 
government ensure the implementation of th e Agreement by such entities below the 
central/federal government level? 
 
 The Public Service departments, the New Z ealand Defence Force and the New Zealand Police 
must apply the Government Procurement Principles (2012) and comply with the Mandatory Rules but 
within this context, they have the autonomy to determine procurement practices and processes 
appropriate to their organizational needs.   Other State Services entities have a greater degree of autonomy but are encouraged by the Government and the Auditor Genera l to have procurement policies that are consistent with the 
Procurement Framework, and many do. 
 
 New Zealand will implement the commitments in the Agreement on Government Procurement through the new Government Proc urement Rules (currently in draft only). 
 
9. Are there any general exceptions from the scope of application of the national 
procurement rules, for instance for essential na tional defence or security reasons?  Please 
provide details. 
 
 The draft Government Procurement Rules cont ain general exceptions, including for essential 
national defence or security reasons.  They state:  
Context 
 
 … 
 
 The Rules do not prevent a Chief Executi ve from taking measures necessary for civil 
defence or the maintenance or restoration of international peace and security, to protect human health, or for the protection of essential security interests.  Nothing in the Rules prevents a Chief Executive from taki ng any of the following measures: 
 
o a measure necessary to protect: 
- public morals, order and safety  
- human, animal or plant life  - intellectual property, or 
 
o a procurement relating to goods or services of: 
- differently abled persons 
- philanthropic or not for profit institutions - prison labour. 
  GPA/ACC/NZL/2 
 Page 7 
 
 
  10. Please provide available statistics on the procurement by government entities in your 
country in the last two years, including, to the extent available, a breakdown by entity and by 
categories of products and services. 
 
 This information is not available as it is not centrally collected or collated. 
 
 
III. NATIONAL TREATMENT AND NON-DISCRIMINATION 
 
11. Identify the specific provisions in the legislation which reflect the national treatment and 
non-discrimination commitments of Article III of the Agreement. 
 
 New Zealand's Government Pr ocurement Framework is non-discriminatory.  There are no 
provisions granting domestic supplies and suppliers mo re favourable treatment that that accorded to 
foreign suppliers or supplies.  No sectors of the economy, regions or specific categories of suppliers 
or suppliers are granted more favourable treatment. 
 
The draft Government Procurement Rules provide as follows: 
 
Rule 3 - Non-discrimination 
 
1. All suppliers must be given an equal opportunity to bid for contracts. Agencies must 
treat suppliers from another country no l ess favourably than New Zealand suppliers. 
 
2. Procurement decisions must be based on the best value for money over the whole life 
of the goods or services. 
 
3. Procurement decisions must not be based on which country the goods or services 
come from. 
 
4. Suppliers must not be discriminated against because of: 
 
a. the country the goods or services come from, or 
 
b. their degree of foreign ownership or foreign business affiliations. 
 
Rule 5 - No offsets 
 
1. An agency must not impose offsets at any stage in a procurement process. 
 
12. Please provide details of any provisions in national legislation according domestic 
supplies and suppliers treatment more favourable than that accorded to foreign supplies or 
suppliers or according supplies or suppliers of  any country more favourable treatment than 
those of any other country. 
 
 There are no provisions in New Zealand's Procurement Framework that:  
 accord domestic supplies and suppliers treatment  more favorable than that accorded to 
foreign supplies or foreign suppliers;  or 
 
 accord supplies or suppliers of any country mo re favorable treatment than those of any 
other country. GPA/ACC/NZL/2 
Page 8  
 
   
 See also the answer to question 11.  
13. Please provide details of any provisions in national legislation allowing a locally 
established supplier to be treated less favourabl y than another locally established supplier on 
the basis of its degree of foreign affiliation or ownership or discriminating against locally 
established suppliers on the basis of the country of production of the good or service being 
supplied. 
 
 There are no provisions in New Zealand's Procurement Framework that allow a locally 
established supplier to be treated any less favourably  than another locally established supplier on the 
basis of its degree of foreign affiliation or ownershi p;  or discriminating against locally established 
suppliers on the basis of the country of origin of the good or service being supplied.   See also the answer to question 11. 
 
14. Please specify to what extent, if at all, more favourable treatment is granted to any 
sectors of the economy, regions or specifi c categories of suppliers or supplies. 
 
 See the answer to question 11.  
15. Please specify any provisions requiring or allo wing the use of offsets or measures with 
similar effect, such as domestic content, licen sing of technology, investment, counter-trade or 
similar requirements in the qualification or selection  of suppliers, products or services or in the 
evaluation of tenders and award of contracts. 
  See the answer to question 11. 
  
IV. ELEMENTS SPECIFIC TO PROCUREMENT PROCEDURES 
 
16. Please provide a general description of yo ur existing procurement methods and 
procedures, including the main procurement me thods used and a brief description of each 
method, and the extent to which qualification of suppliers and open, selective and limited 
tendering for each level of government is used. 
 
 Procurement must normally be conducted by way of open or selective tendering procedures.  
Government entities are responsible for their own purchasing practices and processes and as such, will 
determine whether to use open or selective tenderi ng procedures, depending on what is appropriate 
under the circumstances.  Limited tendering is onl y allowed in certain exceptional circumstances (see 
question 19).  
The draft Government Procurement Rules provide: 
 
Rule 30 - Open Advertising 
1. Under Rule 14 an agency must openly advertise a contract opportunity unless an 
exemption under Rule 15 applies. 
 
2. To openly advertise, an agency must do all of the following at the same time: 
 
a. list the contract opportunity on GETS (Rule 31) 
  GPA/ACC/NZL/2 
 Page 9 
 
 
  b. publish a Notice of Procurement on GETS (Rules 32 and 33) 
 
c. make all relevant tender documents available ( Rule 34). 
  The Government does not collect data on the ex tent to which qualification of suppliers and 
open, selective and limited tendering is used. 
 
17. Identify the provision in your country's le gislation requiring non-discrimination as 
regards the qualification of suppliers in terms of Article VIII and selection of suppliers in terms 
of Article X.  Indicate any exception to this requirement.  What are the provisions ensuring non-
discriminatory access of new suppliers  to existing qualification lists? 
 
 In New Zealand, entities are required to be non-discriminatory at all stages of the 
procurement process, including qualifi cation and selection of suppliers. 
 
 The draft Government Procurement Rules provide: 
 
Rule 52 - Pre-qualified Suppliers List 
 
1. A Pre-qualified Suppliers List is a list of suppliers who an agency has pre-approved 
as capable of delivering specific types of goods or services. 
 
2. A Pre-qualified Suppliers List is appropriate if an agency wishes to: 
 
a. verify which suppliers can deliver specific goods or services 
 
b. make it easier for suppliers to respond to contract opportunities by only 
asking for qualifying information once. 
 
3. An agency that establishes a Pre-qualified Supplier List is not exempt from open 
advertising.  An agency must openly advertise each contract opportunity on GETS.  
Pre-qualified Suppliers should ensure that they are listed on GETS under the correct 
Tender Watch code/s in order to receive the notification. 
 
Establishing a Pre-qualified Suppliers List 
 
4. To establish a Pre-qualified Suppliers List an agency must : 
 
a. publish an Invitation to Qualify on GETS and make it continuously available.  
The Invitation to Qualify must include: 
 
i. the agency's name and address of the agency and contact details for 
the person managing the process 
 
ii. clearly describe the specific goods or services potential suppliers 
must be capable of delivering 
 
iii. list the conditions that each supplie r must meet to participate and 
explain how the agency will check  each supplier meets the conditions 
 
iv. give any time limit for applying to qualify 
 GPA/ACC/NZL/2 
Page 10  
 
  v. how long the list will be active for and how it will be refreshed or 
terminated. 
 
b. assess applicants within a reasonable timeframe and add qualifying suppliers 
to the list as soon as possible 
 
c. notify unsuccessful applicants quickly a nd, if requested, provide the reason(s) 
why. 
 
Operating a Pre-qualified Suppliers List 
 
5. To operate a Pre-qualified Suppliers List an agency must : 
 
a. keep an updated list and make this publ icly available at all times (e.g. on the 
agency's website) 
 
b. notify Pre-qualified Suppliers if the list is terminated or they are removed 
from the list.  If an agency re moves a supplier from a list, it must explain 
why. 
 
Managing contract opportunities 
 
6. If a contract opportunity comes up for the specific goods or services that the 
Pre-qualified Supplier List was established for an agency must : 
 
a. openly advertise the contract opportuni ty on GETS.  Pre-qualified Suppliers 
should ensure that they are listed on GETS under the correct Tender Watch 
codes/s in order to receive the notification 
 
b. allow any unqualified supplier to subm it an Application to Qualify with its 
response to the Notice of Procurement 
 
c. if a supplier submits an Application to Qualify with its response, the agency 
must: 
 
i. assess the application quickly 
 
ii. allow any qualifying supplier to take part in the contract opportunity, 
if there is enough time to complete the qualification process 
 
iii. notify the supplier of the decision quickly. 
 
18. In situations where qualification procedures  and selective tendering may be used, to 
what extent do entities allow suppliers to beco me qualified during the procurement process?  To 
what extent do entities maintain permanent lists of suppliers? 
 
 Suppliers may become qualified during the pr ocurement process provided the qualification 
process can be completed within the tendering time-period. 
 
 Refer to paragraph 6 of Rule 52, set out in the answer to question 17.   GPA/ACC/NZL/2 
 Page 11 
 
 
   Although data is not available to determine the extent that agencies maintain permanent lists 
of suppliers, anecdotal information suggests that pr e-qualified supplier lists are not used extensively 
by entities.  
19. What are the conditions and circumstances fore seen in your legislation allowing the use 
of the limited tendering method under Article XV of the Agreement?  What measures exist in 
order to ensure that this method is not used  with a view to avoiding maximum possible 
competition or in a manner which would consti tute a means of discriminating among foreign 
supplies/suppliers or in favour of domestic supplies/suppliers? 
 
Limited tendering is permitted only in certain circumstances. 
 
The draft Government Procurement Rules provide: 
 
Rule 15 - Exemption to Open Advertising 
 
1. An agency does not need to openly advertise a contract opportunity on GETS if an 
Exemption to Open Advertising (Rule 15.9) applies. 
 
2. If the procurement is exempt from Open Advertising an agency must use either a 
closed competitive process (with a limited number of known suppliers) or direct 
source process (with one known supplier). 
 
3. An agency must not exempt procurements from Open Advertising to: 
 
a. avoid competition 
 
b. protect domestic suppliers 
 
c. discriminate against any domestic or foreign suppliers. 
 
Written Report 
 
4. If an agency exempts a procurement from Open Advertising under Rule 15.9 it must 
write a report about it.  The report may form part of the Business Case or Procurement Plan or may be a stand-alone document. 
 
5. The report must include: 
 
a. the name of the agency 
 
b. a description of the goods or services 
 
c. the Maximum Total Estimated Value (Rule 9) of the goods or services 
 
d. the exemption that applies (from the list in Rule 15.9) 
 
e. details of the facts and circumstances which justify the exemption. 
 
6. A senior manager must endorse the report before the agency undertakes the 
procurement.  The agency must retain the report for audit purposes. 
 GPA/ACC/NZL/2 
Page 12  
 
  7. If the Ministry of Business, Innovation an d Employment asks for the report, the 
agency must make it immediately available. 
 
GETS Contract Award Notice 
 
8. Agencies must publish a Contract Award Notice (Rule 43) on GETS to report the 
outcomes of a procurement that has been exempted from Open Advertising . 
 
9. Valid exemptions to Open Advertising are: 
 
a. Emergency:  A genuine emergency as defined by MBIE's Quick Guide to 
Emergency Procurement.  Situations of urgency that are created by the 
agency, such as lack of advance planni ng, do not constitute an emergency. 
 
b. Following an open tender:  An agency does not need to openly advertise a 
contract opportunity a second time if the first time it: 
 
i. did not receive any responses, or 
 
ii. did not receive any responses that complied with the Pre-conditions 
(Rule 23) or did not conform to the requirements, or were unable to 
meet the requirements, or 
 
iii. received responses from suppliers who colluded and this can be 
verified.  The agency may undertake a Closed Competitive Process 
or Direct Source so long as it does not substantially change the core 
procurement requirements. 
 
c. Only one supplier:  If, for one of the following reasons, the goods or 
services can only be supplied by one supplier and there are no reasonable alternative or substitute goods or services.  The agency must provide 
evidence to verify this is the case be fore starting the procurement.  The 
acceptable reasons are: 
 
i. for technical reasons there is no competition; 
 
ii. the procurement needs to protect intellectual property, patents or 
copyrights or other exclusive rights; 
 
iii. the procurement is for a work of art. 
 
d. Additional goods or services:  Goods or services additional to the original 
requirements but necessary to complete the contract.  This Rule applies 
where all three of the following conditions are met: 
 
i. original contract was openly advertised, and 
 
ii. a change of supplier cannot be  made for economic or technical 
reasons, and 
 
iii. a change of supplier would cause significant inconvenience or 
substantial duplication of costs for the agency. 
  GPA/ACC/NZL/2 
 Page 13 
 
 
  e. Prototype:  Purchasing of a prototype for research, experiment, study or 
original development.  Original development may include a limited 
production or supply if this is necessary to: 
 
i. carry out field tests and incorporate the findings 
 
ii. prove that the good or service can be produced or supplied in large 
numbers to an agreed quality standard.  Once the contract for the prototype has been fulfilled an agency must openly advertise any subsequent procurement.  This exception does not apply to quantity 
production or supply to establish co mmercial viability or to recover 
research and development costs. 
 
f. Commodity market:  Goods purchased on a commodity market. 
 
g. Exceptionally advantageous conditions:  For purchases made in 
exceptionally advantageous conditions that  only arise in the very short term.  
This exemption does not cover routine purchases from regular suppliers. 
 
h. Design contest :  Where a contract is awarded to the winner of a design 
contest.  To meet this exception: 
 
i. the design contest must have been organised in a manner which is 
consistent with the Rules, in particular that the contest is openly advertised on GETS, and 
 
ii. the contest must be judged by an independent pa nel who understand 
that the winner will be awarded a contract. 
 
20. Article XIV of the Agreement allows for negotiation under certain conditions.  Are 
entities allowed to proceed to negotiations?  If  so, which categories and what are the conditions 
imposed? 
  The draft Government Procurement Rules do not provide for negotiations. 
 
21. Article XI sets out the minimum time-period s for tendering and delivery.  What are the 
rules and practices regarding time-periods in your legislation?  Does the legislation reflect the 
various minimum time-periods as set out in the Agreement?  If not, give information on any 
different time-periods which have been established in your national legislation.  
 Entities are required to provide sufficient time (and not less than the minimum time-periods 
set out in the draft Government Procurement Rules) for suppliers to respond.  The minimum time-periods are expressed on the basis of New Z ealand business days to ensure that any public 
holidays falling on a weekday are excluded  from the calculation of the time-periods. 
  The draft Government Procurement Rules provide: 
 
Rule 24 - Sufficient Time 
 
1. An agency must allow Sufficient Time for suppliers to respond to a Notice of 
Procurement.  An agency must act in good faith and use sound judgement to calculate 
Sufficient Time. 
 GPA/ACC/NZL/2 
Page 14  
 
  2. The key factors to take into account when calculating Sufficient Time are: 
 
a. the nature and complexity of the procurement 
 
b. the amount of information and level of  detail suppliers need to provide in 
their responses 
 
c. the nature of the goods or services 
 
d. how simple or difficult it is to describe the deliverables 
 
e. the level of risk 
 
f. the extent of any anticipated sub-contracting 
 
g. how critical the procurement is to the agency's success 
 
h. the time it takes for domestic and fore ign suppliers to submit tenders, 
particularly if suppliers need to deliver hard copies. 
 
Rule 27 - Business Day 
 
1. An agency must calculate time periods in "clear" Business Days . 
 
2. A Business Day is a day when most New Zealand government agencies and suppliers 
are normally open. 
 
3. Business Days exclude Saturdays and Sundays, New Zealand public holidays and all 
days between Boxing Day and the day after New Year's Day. 
 
4. A "clear" Business Day is a full day from 9am to 5pm.  The day a Notice of 
Procurement is submitted for publication on GETS is not a clear Business Day.  The 
time starts on the next Business Day at 9am. 
 
Rule 29 - Minimum time-periods by process 
 
 The following Minimum Time-Periods appl y to the following types of procurement 
processes.  Days are expressed in clear Business Days. 
 
1. Request for Quote  
One-step Request for Quote days 
Minimum Time-Period 13 
Allowable Reductions (Rule 26)  
a. Prior listing in an Annual Procurement Plan -1 
b. All tender documents available electronically on GETS -3 
c. Suppliers' quotes accepted electronically -1 
Maximum Adjusted Minimum Time-Period 8 
  GPA/ACC/NZL/2 
 Page 15 
 
 
  2. Request for Tender or Proposal 
 
One-step Request for Tender or Request for Proposal days 
Minimum Time-Period 24 
Allowable Reductions (Rule 26)  
a. Prior listing in an Annual Procurement Plan -2 
b. All tender documents available electronically on GETS -4 
c. Suppliers' tenders or proposals accepted electronically -3 
Maximum Adjusted Minimum Time-Period 15 
 
3. Two-Step Process 
 
STEP ONE:  Registration of Interest days 
Minimum Time-Period 19 
Allowable Reductions (Rule 26)  
a. Prior listing in an Annual Procurement Plan -2 
b. All tender documents available electronically on GETS -4 
c. Suppliers' registrations accepted electronically -3 
Maximum Adjusted Minimum Time-Period 10 
STEP TWO:  Request for Tender or Proposal days 
Minimum Time-Period 24 
Allowable Reductions (Rule 26)  
d. Prior listing in an Annual Procurement Plan -2 
e. All tender documents available electronically on GETS -4 
f. Suppliers' quotes accepted electronically -3 
Maximum Adjusted Minimum Time-Period 15 
 
4. Competitive Dialogue 
 
STEP ONE:  Invitation to Participate days 
Minimum Time-Period 40 
Allowable Reductions (Rule 26)  
a. Prior listing in an Annual Procurement Plan -2 
b. All tender documents available electronically on GETS -4 
c. Suppliers' registrations accepted electronically -3 
Maximum Adjusted Minimum Time-Period 31 GPA/ACC/NZL/2 
Page 16  
 
  STEP TWO:  Request for Tender or Proposal days 
Minimum Time-Period 50 
Allowable Reductions (Rule 26)  
d. Prior listing in an Annual Procurement Plan -2 
e. All tender documents available electronically on GETS -4 
f. Suppliers' quotes accepted electronically -3 
Maximum Adjusted Minimum Time-Period 41 
 
22. Briefly describe the procedures for the submission, receipt and opening of tenders and 
awarding of contracts, in particular the pro cedures and conditions guaranteeing regularity of 
the openings and consistency with the non-discri mination provisions of the Agreement.  How is 
the information on the proceedings related to the receipt, opening and evaluation of tenders maintained by entities?  
 Entities are required to receive, open and evalua te all tenders under procedures that guarantee 
fairness and impartiality.   For the purpose of awarding the contract, entiti es must only consider tenders that conform to 
the notified essential requirements and are submitted by suppliers that comply with conditions for 
participation. 
  Unless the entity determines it is not in the pu blic interest, the entity must award to the 
contract to the supplier that is fully capable of undertaking the contract and whose tender offers the 
best value of money in terms of the notifie d essential requirements and evaluation criteria. 
 
 Entities must keep records documenting all thei r procurement which are readily accessible for 
the purposes of audit of compliance with the Rules.   The draft Government Procurement Rules provide:  
Rule 38 - Treatment of responses 
1. An agency must have in place procedures that guarantee that all suppliers' responses 
are treated fairly.  This includes receiving, opening and evaluating responses. 
 
2. To be considered for an award of contract a supplier must : 
 
a. submit its response in writing (this can be through an electronic means such 
as e-mail) 
 
b. comply with any Pre-conditions (Rule 23) or other conditions for 
participating in the contract opportunity. 
 
3. An agency must not penalise a supplier who submits a la te response, if the delay is 
solely the agency's fault. 
 
4. If an agency offers a supplier the opportunity  to correct unintentional errors in its 
response, after opening the responses but before evaluating them, it must offer the 
same opportunity to all participating suppliers.  GPA/ACC/NZL/2 
 Page 17 
 
 
   
Rule 41 - Awarding the contract 
1. An agency must , unless there is a legitimate reason to cancel the procurement, award 
the contract to the supplier that has both: 
 
a. demonstrated that they fully understand and have the capability to deliver the 
requirements and meet the contract conditions 
 
b. offered either: 
 
i. the best value for money over the whole of the life of the goods or 
services, or 
 
ii. the lowest price, if price is the only criterion. 
 
2. If a supplier offers a price that is substan tially lower than other responses (abnormally 
low bid) an agency may verify with the supplier that it is capable of both: 
 
a. fulfilling all of the contract requirement s and contract conditions for the price 
quoted, and 
 
b. satisfying all of the cond itions for participation. 
 
3. An agency must not cancel a procurement, use options or modify or terminate an 
awarded contract in order to avoid applying the Rules . 
 
Rule 47 - Maintaining records 
 
1. An agency must keep records of each procurement for at least three years from the 
date the contract was signed by all parties. 
 
2. The records must document the process, all decisions, and include all 
recommendations and reports. 
 
3. An agency's may store the records electronically if its system complies with 
requirements of the Public Records Act 2005. 
 
Rule 45 - Supplier complaints  (extract only ) 
 
3. An agency must keep good records of its procurement process and decisions.  These 
records must be made available any authority competent to hear or review a 
supplier's complaint (e.g. the Office of th e Auditor General, the Ombudsman, a court 
of law). 
 
23. Please identify the provisions in your le gislation setting the parameters for the 
prescription of technical specifications by en tities as part of the evaluation criteria. 
 
 Technical specifications must not be used to  create unnecessary obstacles to international 
trade.  Technical specifications must be specified  in terms of performance or functional requirements 
and be based on international standards where applicable or otherwise on national technical 
regulations, national standards or building codes.  GPA/ACC/NZL/2 
Page 18  
 
   As a general rule, technical sp ecifications cannot require or refe r to a particular trademark, 
trade name, patent, design, type, origin, producer or supplier.  Such specifications are permitted if 
there is no other sufficiently clear or precise description and provided the specification says "or equivalent".  
 Entities must not seek or accept advice that is to be used in the preparation of technical 
specifications from a person that may have an inter est in that procurement if involving them would 
prejudice fair competition.   The draft Government Procurement Rules provide: 
 
Rule 22 - Technical specifications 
 
1. An agency must not prepare or apply technical specifications to create unnecessary 
obstacles for suppliers. 
 
2. Technical specifications must be based on: 
 
a. performance and functional requirements, not on design or a description of 
their characteristics 
 
b. international standards where they exist 
 
c. if there are no appropriate internatio nal standards New Zealand/Australian 
standards, technical regulations or building codes. 
 
3. When an agency describes technical specifications it must not (except under 
Rule 22.4): 
 
a. require or refer to a particular trad emark or trade name, patent, design or 
type. 
 
b. refer to the specific origin of the goods or services or the name of the 
producer or supplier. 
 
4. The exception to Rule 22.3 is when it is the only way to make the requirements 
understood.  In this case an agency must include words like "or equivalent" in the 
specification and make it clear that it will c onsider equivalent goods or services that 
can be demonstrated to fulfil the requirement. 
 
24. Identify the measures in national legislat ion ensuring that awards are made in 
accordance with the evaluation criteria and ess ential requirements specified in the tender 
documentation. 
 
 Entities are required to consider for award only those tenders which, at the time of opening, 
conform to the essential requirements of the notice of intended procurement or tender documentation 
and are submitted by a supplier who complies with the conditions for participation. 
 
 The draft Government Procurement Rules provide: 
  GPA/ACC/NZL/2 
 Page 19 
 
 
  Rule 41 - Awarding the contract 
 
1. An agency must , unless there is a legitimate reason to cancel the procurement, award 
the contract to the supplier that has both: 
 
a. demonstrated that they fully understand and have the capability to deliver the 
requirements and meet the contract conditions 
 
b. offered either: 
 
i. the best value for money over the whole of the life of the goods or 
services;  or 
 
ii. the lowest price, if price is the only criterion. 
 
2. If a suppliers offers a price that is substantially lower than other responses 
(abnormally low bid) an agency may verify with the supplier that it is capable of both: 
 
a. fulfilling all of the contract requirement s and contract conditions for the price 
quoted, and 
 
b. satisfying all of the cond itions for participation. 
 
3. An agency must not cancel a procurement, use options or modify or terminate an 
awarded contract in order to avoid applying the Rules . 
 
 
V. INFORMATION 
 25. Article XIX:1 of the Agreement foresees the publication of laws, regulations, judicial 
decisions, administrative rulings of general application and procedures regarding government 
procurement.  Please give the name of the relevant publication(s) and indicate the media used 
for this purpose.  Please also provide, where availa ble, the address of an Internet website where 
the legislation referred to in questions 1 and 2 can be found.  
The internet site http://www.procurement.govt.nz  is the online government portal for 
information relating to government proc urement policy, procedures and laws.  
 
Judicial decisions of the Supreme Court of New Zealand, Court of Appeal and High Court are 
published in the official New Zealand Law Reports  series and Judicial Decisions Online  at 
http://jdo.justice.govt.nz /jdo/Introduction.jsp . 
 
Legislation is published on http://www.legislation.govt.nz .  
 
26. Article IX:1 of the Agreement foresees the pub lication of invitations to participate for all 
cases of intended procurement by entities.  Plea se give the name of the relevant publication(s) 
and indicate the media to be used for this pur pose.  Please also provide, where available, the 
address of an Internet website where such invitations are published.  
Invitations to participate in intended pr ocurements are published on the Government 
Electronic Tenders Service (GETS).  The internet address of GETS is http://www.gets.govt.nz .  
 GPA/ACC/NZL/2 
Page 20  
 
  27. Please specify the types of information that your legislation requires to be included in 
notices of invitation to tender or in tender docu mentation, and identify the relevant provisions 
of your legislation. 
 
 The draft Government Procurement Rules provide: 
 
Rule 31 - GETS listing 
 
1. The GETS listing must include the following information: 
 
a. the agency's name 
 
b. the short name for the contract opportunity 
 
c. the type of procurement process (e.g. Request for Tender) 
 
d. the relevant GETS Tender Watch Code/s 
 
e. the deadline for r esponses from suppliers 
 
f. the address for enquiries 
 
g. a list of any other tender documents th at aren't available on GETS and details 
of how suppliers can get them. 
 
Rule 32 - Notice of Procurement 
 
1. The Notice of Procurement must : 
 
a. be published on GETS 
 
b. be available on GETS until the deadline for supplier responses 
 
c. contain all of the informa tion required under Content of Notice of 
Procurement (Rule 33). 
 
Rule 33 - Content of Notice of Procurement 
 
1. Each Notice of Procurement must contain all the information that suppliers need to 
prepare and submit meaningful responses. 
 
2. Each Notice of Procurement must clearly identify which procurement process is 
being used (e.g. a Request for Quote or Request for Proposal) and must contain the 
following information: 
 
a. the agency's name and address 
 
b. the details for the agency's contact person 
 
c. a complete description of the goods or services and any technical 
specifications, plans, drawings or instructions 
 
d. the quantity (if known) or estimated quantity of the goods or services  GPA/ACC/NZL/2 
 Page 21 
 
 
   
e. the estimated timeframe for delivering the goods or services or the length of 
the contract 
 
f. any conditions for participating in the procurement process including any 
Pre-conditions (Rule 23) or certificates or standards the supplier must verify 
 
g. any limits on the number of supplie rs that may be short-listed 
 
h. the evaluation criteria the agency w ill use to assess responses and award the 
contract 
 
i. the relative importance of each evaluation criteria, unless the price is the only 
criterion.  An agency must rank the cr iteria in priority order or add the 
weighting for each criterion 
 
j. the deadline and address for submitting responses 
 
k. any limits to how suppliers can se nd responses (e.g. faxes will not be 
accepted) 
 
l. any other conditions relating to the procurement process 
 
m. the proposed contract conditions, including any options (e.g. an option to 
extend the contract) 
 
n. a statement that the procurement is covered by the Rules 
 
o. if the procurement will be conducted by  electronically (e.g. using e-tender 
software) all the information suppliers will need to participate electronically 
 
p. if the procurement may involve an e-auc tion the rules of the e-auction and all 
information and training suppliers need to participate ( Rule 40) 
 
q. if the tenders will be opened in public the date, time and place of the opening. 
An agency must also confirm the person(s) authorised to represent the 
agency at the opening, if appropriate. 
 
28. Article IX:1 of the Agreem ent foresees publication of permanent lists of qualified 
suppliers by entities maintaining such lists.  Please give the name of the relevant publication(s) and indicate the means used for this purpose.  Please also provide, where available, the address 
of an Internet website where such lists are published. 
 
See the answer to question 17 for provisi ons relating to qualified supplier lists. 
 
29. Article XVIII:1 of the Agreement foresees the publication of details of contract award 
notices by entities.  Please give the name of th e relevant publication(s) and indicate the means to 
be used for this purpose.  Please also provi de, where available, the address of an Internet 
website where such notices are published.  
 Contract award notices are published on the G overnment Electronic Tenders Service (GETS) 
http://www.gets.govt.nz . 
 GPA/ACC/NZL/2 
Page 22  
 
  30. Please specify the types of information that no tices of contract awards should contain in 
your country and identify the relevant provisions in your legislation. 
 
 The draft Government Procurement Rules provide:  
Rule 43 - Contract Award Notice 
 
1. An agency must publish a Contract Award Notice on GETS when it has awarded a 
contract that is subject to the Rules .  This Notice must be published whether or not 
the contract was openly advertised. 
 
2. An agency must publish the Contract Award Notice on GETS within one calendar 
month of all parties signing the contract.  The Notice must include: 
 
a. the agency's name and address 
 
b. the successful supplier's name and address 
 
c. a description of the goods or services 
 
d. the date the contract was awarded 
 
e. the term of the contract 
 
f. the total value of the contract, or the highest and lowest offers the agency 
evaluated to award the contract 
 
g. type of procurement process used 
 
h. if appropriate, the circumstances that justify an Exemption to Open 
Advertising (Rule 15).  
 
31. Please specify the relevant provisions in your legislation enabling, as foreseen in 
Article XVIII:2, the provision of information to other Parties and unsuccessful tenderers regarding the reasons why a tender was not selected. 
 
 Entities must promptly inform suppliers that submitted a tender of the award decision.  On 
request from an unsuccessful supplier, entities must pr omptly provide the reasons for the rejection of 
its tender or the relative advantages of the tender that was accepted.   The draft Government Procurement Rules provide:  
Rule 42 - Informing suppliers of the decision 
 
1. After evaluating the responses and completing the contract negotiations, an agency 
will usually decide which supplier to award the contract to.  On making this decision 
an agency must promptly notify all of the unsuccess ful suppliers about this decision 
in writing. 
 
Rule 44 - Debriefing suppliers 
 
1. Suppliers must have the opportunity to be debriefed after a procurement.  An agency 
must offer each unsuccessful supplier a debrie f and debrief suppliers on request.  GPA/ACC/NZL/2 
 Page 23 
 
 
   
2. Agencies must debrief suppliers within three calenda r months of the date the contract 
was signed by all parties. 
 
3. Agencies may debrief suppliers by phone, email, letter or at a meeting.  The kind of 
debrief depends on the nature and complexity of the procurement. 
 
4. The debrief must give enough detail to show the s upplier how it can improve future 
tenders or responses.  The debrief must : 
 
a. Include the reason(s) the proposal was not successful 
 
b. explain how the supplier's proposal performed against the criteria or any Pre-
conditions and its relative strengths and weaknesses 
 
c. explain the relative advantage(s) of the successful proposal 
 
d. address the supplier's concerns and questions. 
  
VI. BID CHALLENGE PROCEDURES 
 
32. Please provide information on ex isting challenge procedures. 
 
 New Zealand is a common law country.  The judiciary is required to be independent and 
impartial;  administrative and legal proc edures must be fair and transparent. 
 
 New Zealand government officials undertaki ng procurement are subject to a range of 
arrangements for ensuring that procurement process es are conducted honestly, with integrity and in an 
accountable and transparent fashion.   Suppliers have administrative and judicial op tions if they want to challenge a government 
entity's failure to properly apply the procur ement rules to a particular procurement. 
 
Complaint to the Agency Concerned 
 
 Suppliers are encouraged to resolve complaints  directly with the entity involved although this 
is not a mandatory step for pursuing a complaint.   Entities receiving a complaint are expected to 
consider and respond promptly and seek to resolv e the complaint in good faith.  The lodging of a 
complaint must not prejudice the supplier's future  participation in contract opportunities or the 
supplier's right of redress through the courts.   The draft Government Procurement Rules provide: 
 
Rule 45 - Supplier complaints 
 
1. Any participating supplier may complain to an agency if it belie ves it the agency has 
not followed the Rules.  An agency must consider and respond quickly and 
impartially to a complaint.  An agency should try to resolve any complaints in good 
faith. 
 
2. The way the agency deal s with the complaint must not prejudice the supplier's future 
participation in contract opportunities or affect their right to a judicial review. GPA/ACC/NZL/2 
Page 24  
 
   
3. An agency must keep good records of its procurement process and decisions.  These 
records must be made available any authority competent to hear or review a 
supplier's complaint (e.g. the Office of th e Auditor General, the Ombudsman, a court 
of law). 
 
4. An agency must fully cooperate in any review or hearing of a supplier's complaint by 
a competent authority. 
 
Legal Action 
 
 Suppliers can seek redress through the courts.  Courts are independent  and impartial and the 
decisions of individual judges sitting in courts are subject only to law.   The nature of the claim will depend on the circumstances of the procurement and might be 
any of the following:  a claim under the common la w of contracts for a breach of tender process 
contract;  misleading or deceptive conduct under comp etition and consumer legislation;  a claim for 
negligent misstatement under common law tort doctri nes;  judicial review of an administrative 
decision;  or the common law doctrine of estoppel.   In most circumstances, these claims will be  heard by the High Court, with opportunities for 
appeal in appropriate circumstances to the Court of Appeal and the Supreme Court.  The High Court 
Rules are set out in Schedule Two of the Judicature Act 1908.   Time-limits for lodging actions in the court will depend on the nature of the action and are 
governed by the Limitation Act 2010.  Generally, th e primary limitation is six years after the event 
that gave rise to the claim.  Some statutes, such  as the Commerce and Fair Trading Acts, provide other 
specific time-limits.  There is no time limitation on seeking judicial review of an administrative decision.  There is no ten-day time-limit on any type of legal action.  
 The remedy available will depend on the nature of  the action.  In general terms, the Court has 
the power to:  promptly issue an interlocutor y injunction to suspend the process and preserve 
commercial opportunities, to order a permanent inj unction;  and to award damages for breach of 
contract or tort liability.  The quantum of damage s is determined by the Court, and is a matter of 
discretion.  In exercising that discretion, the Judiciary draws on extensive common law precedents 
relating to the award of damages and other remedies.   Judicial review can result in a government 
entity's decision being overturned. 
 
 Court fees and charges are published by the Ministry of Justice and can be viewed on the following website:  http://www.justice.govt.nz/services/c ourt-fees/court-fees-and-charges .  The main 
cost associated with a legal challenge is likely to  be for obtaining legal a dvice and representation.  
While it is not mandatory, having legal representation is  likely to be in the claimant's best interest. 
 
 After the claim has been decided by the Cour t, it has a discretionary power to order the 
unsuccessful party to contribute to the successful party' s legal costs.  The quantum is determined in 
accordance with the tariff imposed by the High Court Rules in Schedule 2 of the Judicature Act 1908. 
  It is not foreseen that this process will become free. 
  GPA/ACC/NZL/2 
 Page 25 
 
 
  Mediation 
 
 If the supplier and the government entity and agree,  they can appoint a mediator to assist them 
in reaching a negotiated resolution.  Each party usually funds their own costs for preparing and attending the mediation but share the cost of the mediation service.  Independent Probity Audit 
  The supplier can ask for an independent probi ty audit to establish whether due process was 
followed for a particular procurement.  The probi ty audit can be conducted by Audit New Zealand, 
the supplier's own auditor, or an independent auditor appointed by both the supplier and the 
government entity.  While it is not required to do so, the government entity concerned may contribute 
to or cover the cost of the review, particularly if th e audit finds the agency was at fault.  A finding that 
due process was not followed may assist the supplier to seek a remedy from the agency concerned or 
through legal action. 
 
Investigation by the Auditor-General 
 
 Although the Auditor-General is not a genera l complaints agency, he/she may exercise 
discretion to investigate a particular complaint a nd make public recommendations to Parliament.  The 
Auditor-General has no power to cancel contracts or overturn procurement decisions. 
 
Investigation by an Ombudsman 
 
 An Ombudsman can investigate complain ts against government entities and make 
recommendations to the entity to resolve th e problem.  An Ombudsman may recommend that 
government entity should make a voluntary payment for any loss or inconvenience the supplier has 
suffered.  If the entity does not follow the Ombudsman's recommendations, the Ombudsman may 
decide to report the matter to Parliament.  
Investigation by the State Services Commission 
 
 Government entities must comply with the minimum ethical standards set out in the 
Standards of Integrity and Conduct Code  issued by the State Services Commissioner.  A concern or 
complaint about the integrity of a Government entity may be reported to the State Services Commission.  If a supplier's complaint alleges that  the entity has breached this code and has not 
corrected their actions, the State Services Commissioner may decide to investigate. 
 
33. Are there specific provisions enabling a ccess of foreign suppliers to challenge 
procedures? 
 
 Foreign suppliers are able to acces s the above challenge procedures. 
 34. To the extent that this information does not fully respond to the following points, please 
provide the supplementary info rmation necessary to do so: 
 
(i) The time-limit to launch a complaint contained in the Agreement is "not less 
than 10 days" from the time when th e basis of the complaint is known or 
reasonably should have been known.  What are the limits in your domestic 
legislation? 
 
(ii) What body is responsible for the cha llenge procedures?  Is this a "court" or an 
"impartial and independent review body"?  If the latter: GPA/ACC/NZL/2 
Page 26  
 
  - How are its members selected? 
- Are its decisions subject to judicial review? - If not, how will the requirements of paragraph 6 of Article XX be taken 
into account? 
 
(iii) What is the applicable law by ref erence to which the challenge body will 
examine complaints? 
 (iv) Which rapid interim measures are provided to correct breaches of the 
Agreement and to preserve commercial opportunities? 
 
- Do these measures include the possi bility to suspend the procurement 
process?  On what conditions? 
 (v) How do challenge procedures provide for correction of the Agreement?  What 
types of compensation for loss or da mages suffered can the challenge body 
order? 
 (vi) Give any available information on  the time-periods for the stages of the 
challenge process, including to obtain interim measures and a final decision. 
 
(vii) What are the usual costs to cond uct a challenge procedure?  Are there 
possibilities foreseen to do so free of charge? 
 
 See information provided in response to questions 32 and 33.  
 
VII. OTHER MATTERS 
 
35. To what extent is information technology being used in the process of government 
procurement?  Are notices of invitations to te nder and/or notices of contract awards published 
electronically?  Please provide the address of such electronic publications. 
 
 The Government Electronic Tenders Service (GETS) http://www.gets.govt.nz  is the 
established official government medium for publication of invitations to tender and notices of contract 
awards.  36. Is there a contact point in your country fo r responding to enquiries from suppliers, 
other governments and the wider public relatin g to laws, regulations and procedures and 
practices regarding government procurement at th e central and/or sub-central level?  Please 
provide the address. 
 
 The contact point in New Zealand for responding to the enquiries set out above is: 
 
Ministry of Business, Innovation and Employment 
Government Procurement Solutions 
33 Bowen Street, PO Box 1473 Wellington 6140 
New Zealand 
Phone:  +64 4 472 0030 Fax:  +64 4 473 4638 Email:  procurement@med.govt.nz 
__________