Government Procurement Rules consultation
open
Submissions due:
08 April 2025, 5pm
The Ministry of Business, Innovation and Employment is seeking feedback on a proposed 5th edition of the Government Procurement Rules.
About the consultation
We are consulting on a proposed 5th edition of the Government Procurement Rules. The Rules were last updated in October 2019.
Every community across the motu benefits from government procurement. It ensures government has the goods and services it needs to operate schools, hospitals and deliver public services. With this comes a collective responsibility to make sure it’s done well and achieves the best public value for every dollar spent.
Public value means getting the best possible result from a procurement, using resources effectively, economically and without waste, and considering the costs and benefits in achieving results. This helps to ensure public trust and confidence in government to spend public money responsibly.
The Rules are the Government’s minimum expectations for public servants when spending public money. They cover the procurement lifecycle and support good practice behaviours and processes for planning, approaching the market and managing the contract.
We are seeking your feedback on the proposed Rules 5th edition. We will use your feedback to inform the final version before it is submitted to Cabinet for approval.
What we are proposing and seeking feedback on
The proposed 5th edition of the Rules has been streamlined and simplified to make them easier to understand and apply.
The Context section sets out information like why we have Rules and how to use them. Following the context, there are four parts:
- core values
- procurement lifecycle steps
- Procurement System Requirements, and
- general information.
This document and the online submission form highlight some of the areas of change in the 5th edition of the Rules, but not all. We ask you to consider the Rules in each part, as well as the format and layout, then provide your feedback in the online submission form.
Part 1 – core values
Part 1 focuses on the core values that underpin good procurement practice and processes and the behaviours that are expected when spending public money.
Part 1 has an increased emphasis on integrity, accountability and transparency. Adhering to the Principles and Charter is a requirement here and agencies will have to ensure they have policies that incorporate these and to publish their procurement policies.
There is a Rule on accountability to maintain focus on the responsible and transparent use of public money.
Greater accountability measures are also woven throughout the Rules to ensure the system demonstrates its commitment to improving public trust in government procurement.
Integrity in government procurement processes is important. There may be invisible or unmanaged risks across the system due to a lack of attention to appropriate due diligence. To address this there is an expanded Rule on integrity.
Part 2 – procurement lifecycle steps
This part of the Rules ensures that good processes and practices are used. There is more emphasis on procurement planning and contract management, and good decision making.
This includes greater clarity around the level of planning required to ensure the right approach to market, and what is expected after the contract has been awarded.
The Broader Outcomes Rules are being replaced with a Rule requiring agencies to include economic benefits to New Zealand in all procurements. There will be a minimum 10 percent weighting for evaluation purposes on economic benefit criteria.
There are stronger requirements around setting up and running supplier panels, and secondary procurement. When setting up panels, it must be clear how long the panel will run for, and how often it will be refreshed.
Agencies will also need to have developed a contract management plan for the panel. Agencies buying from panels will be required to provide a best value assessment when direct sourcing and to publish award notices for secondary procurements of $10,000 or greater.
Government is accountable for the responsible and efficient use of tax-payer money, including getting the best possible public value throughout the life of the contract. When agencies award contracts, they must also take responsibility for managing the contract and supplier performance.
A contract should be managed proportionate to its value, risk and complexity. Contract management should be factored into the procurement plan early in the process to better manage risks and ensure better value outcomes.
Part 3 – procurement system requirements
This section outlines the obligations agencies have to the procurement system. These help to ensure the system operates efficiently – for example to purchase from collaborative contracts and to be eInvoice capable.
Requirements to share information will give the System Leader greater visibility over the system to more effectively manage data and monitor performance.
Part 4 – general information
This section provides information about who must apply the Rules and when, what types of contracts are covered by the Rules, information on the value thresholds, the roles and responsibilities of those within the Government Procurement System, what happens if the Rules are not applied and information on supplier complaints.
There is a glossary of terms defined in the Rules or terms commonly used in procurement practice.
Layout and design
The proposed Rules 5th edition has been streamlined and simplified. The layout is designed to be easy to navigate for a range of users.
The foundational core values are front and centre, the procurement lifecycle steps provide practical end-to-end process requirements to support procurers at the coalface, and procurement system requirements are easily accessible for Chief Procurement Officers to implement across their agencies.
Each Rule is set out with a primary requirement, further requirements setting out how agencies should apply the primary requirement and further information and guidance. This layout enables the experienced practitioner to see the primary requirement at a glance.
The proposed Rules format and layout aims to make it easier to follow good process and practice.
Relevant documents
Published: 12 Mar 2025
Proposed 5th edition of Government Procurement Rules for consultation.
File
PDF, 5.6MB, 99 pages
What's next
Following this consultation, submissions will be reviewed and considered.
Feedback will be used to finalise the proposed Rules 5th edition before submission to Cabinet for approval.
We will seek Cabinet agreement for a period before the new edition takes effect.
How to make a submission
Submissions will close on Friday 8 April 2025 at 5pm.
You can learn more about high-level changes to the Rules and make a submission by:
Last updated: 12 March 2025