Public Sector Agreement for New Zealand

Public Sector Agreement Template for New Zealand

A Public Sector Agreement governed by New Zealand law is a formal contractual arrangement between a government entity and a supplier or service provider. This document is structured to comply with New Zealand's Government Procurement Rules and public sector legislation, including the Public Service Act 2020 and Contract and Commercial Law Act 2017. It incorporates specific provisions for transparency, accountability, and public sector obligations while ensuring proper management of public resources and maintaining appropriate risk allocation between parties.

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What is a Public Sector Agreement?

The Public Sector Agreement template is designed for use in New Zealand government procurement and contracting activities. It serves as a comprehensive framework for establishing contractual relationships between government entities and their suppliers or service providers. This document type incorporates mandatory requirements from the Government Procurement Rules (4th edition 2019), the Public Service Act 2020, and other relevant New Zealand legislation. The agreement is specifically structured to address public sector needs including transparency requirements, official information obligations, public accountability, and proper management of public resources. It is suitable for a wide range of government procurement activities, from service delivery to infrastructure projects, and includes provisions for risk management, performance monitoring, and public sector-specific compliance requirements.

What sections should be included in a Public Sector Agreement?

1. Parties: Identification of the government agency and the supplier/contractor, including their legal status and authority to contract

2. Background: Context of the agreement, procurement process followed, and relationship to any government objectives or strategies

3. Definitions and Interpretation: Defined terms, interpretation rules, and hierarchy of contract documents

4. Term and Commencement: Duration of the agreement, including start date, end date, and any renewal options

5. Services/Deliverables: Core obligations and detailed description of services or deliverables to be provided

6. Performance Standards: Required service levels, KPIs, and quality standards

7. Pricing and Payment: Payment terms, pricing mechanisms, invoicing requirements, and payment timeframes

8. Governance and Reporting: Management structure, reporting requirements, and meeting schedules

9. Compliance and Audit: Obligations regarding regulatory compliance, audit rights, and record-keeping

10. Official Information and Privacy: Handling of official information requests and privacy obligations

11. Intellectual Property: Ownership and licensing of IP, including Crown copyright considerations

12. Confidentiality: Protection of confidential information and public sector transparency obligations

13. Liability and Insurance: Liability provisions, indemnities, and required insurance coverage

14. Termination: Termination rights, consequences, and transition arrangements

15. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

What sections are optional to include in a Public Sector Agreement?

1. Security Requirements: Required for agreements involving sensitive information or access to government facilities

2. Business Continuity: Required for critical services or high-risk contracts

3. Environmental and Social Responsibility: Required when specific sustainability or social outcomes are part of the procurement objectives

4. Transition Services: Required for complex services requiring handover periods

5. Sub-contracting: Required when sub-contractors will be involved in service delivery

6. Force Majeure: Optional depending on risk allocation and nature of services

7. Parent Company Guarantee: Required for high-value or high-risk contracts with subsidiaries

8. Local Government Requirements: Required when involving local government entities or services

What schedules should be included in a Public Sector Agreement?

1. Schedule 1 - Services Specification: Detailed description of services, deliverables, and technical requirements

2. Schedule 2 - Pricing: Detailed pricing structure, rates, and payment mechanisms

3. Schedule 3 - Service Levels: Detailed service level requirements, measurement, and reporting

4. Schedule 4 - Governance: Detailed governance framework, roles, and responsibilities

5. Schedule 5 - Security Requirements: Detailed security protocols and compliance requirements

6. Schedule 6 - Implementation Plan: Project plan, milestones, and implementation requirements

7. Schedule 7 - Personnel: Key personnel, qualifications, and vetting requirements

8. Schedule 8 - Form of Certificates and Reports: Templates for required certificates and reports

9. Appendix 1 - Government Procurement Rules Compliance: Checklist and evidence of compliance with procurement rules

10. Appendix 2 - Policies and Procedures: Relevant government policies and procedures applicable to the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Government Administration

Healthcare

Education

Infrastructure

Information Technology

Professional Services

Defense

Environmental Services

Social Services

Transport

Energy

Telecommunications

Construction

Research and Development

Relevant Teams

Legal

Procurement

Commercial

Finance

Operations

Risk and Compliance

Government Relations

Business Development

Project Management Office

Contract Administration

Public Sector Practice

Bid Management

Relevant Roles

Procurement Manager

Contract Manager

Legal Counsel

Government Relations Manager

Commercial Manager

Project Manager

Risk Manager

Compliance Officer

Finance Manager

Operations Manager

Business Development Manager

Account Executive

Public Sector Specialist

Bid Manager

Chief Financial Officer

General Counsel

Chief Executive Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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