Direction regarding procurement functional leadership
The Minister of State Services and the Minister of Finance, pursuant to section 107 and subject to the provisions of section 113 of the Crown Entities Act 2004, direct all entities subject to a direction as a group under section 107(2) and section 107(2A) of the Act, except school boards of trustees, as follows:
In order to complement procurement functional leadership in supporting a whole-of-government approach to procurement policy and practice, and in order to secure economies and efficiencies and develop procurement expertise and capacity, all entities subject to a direction under section 107(2) and section 107(2A) of the Crown Entities Act 2004, except school boards of trustees, are directed to apply the Government Rules of Sourcing (as amended and published from time to time with approval by Ministers), with effect from 1 February 2015.
The entities are further directed to be guided by the Ministry of Business, Innovation and Employment, as procurement functional leader, in any issues arising in the application of the Rules.
Direction regarding ICT functional leadership
1. The Minister of State Services and the Minister of Finance, pursuant to section 107 of the Crown Entities Act 2004, direct the entities as follows:
(a) in relation to the Government Chief Information Officer's (GCIO) mandate for functional leadership of government ICT:
(i) entities must secure the agreement of the GCIO to strategic ICT plans and ICT investment intentions before finalising or implementing them;
(ii) entities must:
(A) when they have a need for goods or services available through the relevant capabilities; and
(B) either do not have current contracts for such goods or services or have such contracts that expire or can be terminated without penalty (for example at the end of a current contract term),
adopt, where relevant within timeframes negotiated with the GCIO:
(C) the mandatory ICT common capabilities; and
(D) any new ICT common capabilities contemplated by the Government ICT Strategy and Action Plan to 2017 that the GCIO and head of State Services specify jointly are mandatory for departments (pursuant to the power of specification to this effect conferred on them by Cabinet (CAB Min (12) 35/4C refers)) (the effect of this clause 1(a)(ii)(D) is that a joint specification by the GCIO and head of State Services to departments applies automatically, under this direction, to entities).
(iii) if an entity wishes to be exempt from the requirement to adopt:
(A) a mandatory ICT common capability; or
(B) any new mandated ICT common capability,
the entity must secure the agreement of the GCIO or, failing that, the head of State Services or, failing that, the Minister of State Services and the Minister of Finance.
(b) in relation to the GCIO's ICT assurance function, the entities must:
(i) if the GCIO requests, provide any information to the GCIO for the purpose of ICT assurance; and
(ii) if issues of concern are raised about ICT assurance, work directly with the GCIO on those issues,
except to the extent that any requirement in this clause 1 would be inconsistent with section 113 of the Crown Entities Act 2004 and provided that district health boards shall not be required to comply with clause 1(b) of this direction before
1 July 2015.
2. For Crown agents that are entities, this direction supersedes and replaces the whole-of-government direction regarding all-of-government shared authentication services dated the 21st day of July 2008, New Zealand Gazette, 18 September 2008, No. 141, page 3844. To avoid doubt, that earlier direction continues to apply to Crown agents that are not entities.
3. For the purposes of this direction:
(a) "entities" means the Crown entities that are the subject of this direction, being the Accident Compensation Corporation, district health boards, the Earthquake Commission, the Housing
New Zealand Corporation, the New Zealand Qualifications Authority, the New Zealand Transport Agency, New Zealand Trade and Enterprise, and the Tertiary Education Commission;
(b) "Government ICT Strategy and Action Plan to 2017" means the document by that name (as may be updated from time to time) available at www.ict.govt.nz;
(c) "ICT" includes information management, technology infrastructure, and technology-enabled business processes and services; and
(d) "mandatory ICT common capabilities" means the ICT common capabilities that Cabinet has directed departments to adopt, being one.govt, Infrastructure-as-a-Service, and the login and identity verification services of RealMe (formerly igovt) (SEC Min (12) 10/2) and the security and privacy panel (SEC Min (13) 2/6).
Direction regarding property functional leadership
The Minister of State Services and the Minister of Finance, pursuant to section 107 of the Crown Entities Act 2004, direct all Crown agents1, except district health boards and the New Zealand Blood Service, to comply with the mandate of the Functional Leader for Property, or their delegated agent2, as it:
(a) includes office and public interface areas3, but
(b) excludes operational areas, and areas under the direct control of a Crown agent's investment function and not occupied by the Crown agent itself.
This direction takes effect on 1 July 2014 as follows:
1. Crown agents will cooperate with the Property Management Centre of Expertise (PMCoE), as agent of the Functional Leader for Property, as it consults to develop or update property strategies, principles, standards, tools and processes that will prescribe how Crown agents will develop and manage their individual property strategies. In developing or updating these instruments, the PMCoE must give effect to the national property strategy (including principles) and standards, as approved by Ministers.
2. Crown agents must obtain the approval of the Functional Leader for Property or their delegated agent before entering into contracts for acquisition or disposal (in part or full) of leased or owned office accommodation or public interface accommodation. When deciding whether to give an approval, the Functional Leader for Property, or their delegated agent, must have regard to the Crown agent's operational requirements as detailed in the Crown agent's Strategic Property Plan, and must base the decision on the instruments developed in paragraph 1 above.
3. Crown agents are required to comply with standards, tools and processes that have been developed and updated by the Functional Leader for Property, or their delegated agent, where these have been approved by the relevant authority for each standard, tool or process.
4. Crown agents are responsible for developing agency strategic property plans every two years that align with strategies, principles and standards developed by
the Functional Leader for Property, for approval by the PMCoE.
5. Crown agents must, at the soonest practicable opportunity, implement an average workplace density of 12-16 square metres per full-time equivalent. Examples of the soonest practicable opportunity are when the Crown agents are relocating offices, developing or changing office fit-outs, or where lease terms allow.
6. Crown agents will adopt and use the integrated workplace management system (IWMS) approved by the Functional Leader for Property, or their delegated agent4, to populate and maintain property data as required by the Functional Leader for Property, or their delegated agent.
7. Crown agents must use common capability contracts5 for property-related goods and services established by the Functional Leader for Property, or their delegated agent, as existing contractual commitments allow.
8. Crown agents must contribute to any PMCoE
cost-recovery model approved by Ministers, which may be updated from time to time in accordance to changes in actual operating costs.
9. Crown agents may agree with the PMCoE to transfer property management functions, including the operation and use of the IWMS, to the PMCoE (or their outsourced providers) on a cost-recovery basis.
Nothing in this direction applies to the extent that any requirement would be inconsistent with section 113 of the Crown Entities Act 2004.
Dated at Wellington this 22nd day of April 2014.
HON DR JONATHAN COLEMAN, Minister of State Services.
HON BILL ENGLISH, Minister of Finance.
Key to Annotation
1As defined in Part 1 of Schedule 1 of the Crown Entities Act 2004.
2Currently the Chief Executive of the Ministry of Social Development, and the Government Property Management Centre of Expertise, respectively.
3Office and Public Interface areas defined in the Government National Property Strategy.
4Currently "Archibus", also known as Government Property Portal or GPP.
5Previously, and sometimes also, referred to as "all-of-government contracts".