01 August 2022

Under section 107 of the Crown Entities Act 2004, the Minister of State Services (now known as the Minister for the Public Service), and the Minister of Finance may jointly direct Crown entities to support a whole of government approach by complying with specified requirements. Cabinet approval must be sought to undertake consultation and issue such directions. The directions must be referred to the House before they come into force.

Directions in force as at 19 June 2014 

On 22 April 2014, the Minister of State Services and the Minister of Finance issued directions to apply whole of government approaches to Procurement, ICT and Property.  These directions have now come into force  

Read the 2014 directions:

Procurement(PDF, 284 KB)

ICT(PDF, 572 KB)

Property(PDF, 592 KB)

The 3 directions, together with explanatory material provided to the House, are available at:

Directions to support a whole of government approach given by the Minister of State Services and the Minister of Finance under section 107 of the Crown Entities Act 2004  — New Zealand Parliament

Read the select committee report back to the House:

Whole of government directions regarding procurement, ICT, and property functional leadership — New Zealand Parliament

The direction on use of authentication services issued in July 2008 continues to apply to all Crown agents, apart from those with sizeable ICT business transactions and investment specifically listed within the 2014 direction.

AoG direction shared authentication services July 2008 (PDF, 53 KB)

Cabinet papers and minutes for the 2014 directions 

The Cabinet papers and minutes setting out the proposed directions, and the changes following consultation with affected entities, are set out in this table.

Cabinet Papers Cabinet Minutes
Cabinet Paper: Amended Directions to Extend Functional Leadership to Crown Entities, Following Consultation(PDF, 1.3 MB)
   [SEC (14)14]
   15 April 2014
   (Released 19 June 2014)
Cabinet Minute: Amended Directions to Extend Functional Leadership to Crown Entities, Following Consultation(PDF, 94 KB)
    [SEC Min (14) 5/2]
    15 April 2014
    (Released 19 June 2014)
Cabinet Paper: Proposed Directions under the Crown Entities Act 2004 to Support a Whole of Government Approach for Procurement, ICT and Property Functional Leadership — Paper 1: Overview(PDF, 2.6 MB)
    [SEC (13) 70]
    3 December 2013
    (Released 16 December 2013)
Cabinet Minute: Proposed Direction under the Crown Entities Act 2004 to Support a Whole of Government Approach for Procurement, ICT and Property Functional Leadership — Overview(PDF, 361 KB)
    [SEC Min (13) 18/2.1]
    3 December 2013
    (Released 16 December 2013)
Cabinet Paper: Proposed Directions under the Crown Entities Act 2004 — Paper 2: Procurement Functional Leadership and Government Rules of Sourcing(PDF, 652 KB)
    [SEC (13) 64]
    3 December 2013
    (Released 16 December 2013)
Cabinet Minute: Proposed Direction under the Crown Entities Act 2004 — Procurement Functional Leadership and Government Rules of Sourcing(PDF, 168 KB)
    [SEC Min (13) 18/2.2]
    3 December 2013
    (Released 16 December 2013)
Cabinet Paper: Proposed Directions under the Crown Entities Act 2004 — Paper 3: ICT Functional Leadership  (PDF, 2.4 MB)
    [SEC (13) 65]
    3 December 2013
    (Released 16 December 2013)
Cabinet Minute: Proposed Direction under the Crown Entities Act 2004  — ICT Functional Leadership(PDF, 185 KB)
    [SEC Min (13) 18/2.3]
    3 December 2013
    (Released 16 December 2013)
Cabinet Paper: Proposed Directions under the Crown Entities Act 2004 — Paper 4: Functional Leadership for Property(PDF, 360 KB)
    [SEC (13) 63]
    3 December 2013
    (Released 16 December 2013)
Cabinet Minute: Proposed Direction under the Crown Entities Act 2004 — Functional Leadership for Property(PDF, 149 KB)
    [SEC Min (13) 18/2.4]
    3 December 2013
    (Released 16 December 2013)

Direction in force as from 21 August 2018

On 21 August 2018 the Minister of State Services and the Minister of Finance issued a direction setting out requirements for Crown entities in relation to implementation of the New Zealand Business Number. This replaced an earlier order that came into force on 10 May 2016.

The first link provides the text of the Direction. The second link is to the Ministry of Business, Innovation, and Employment website and provides more information on the New Zealand Business Number programme.

NZBN 2018 Direction to Crown entities — Ministry of Business, Innovation and Employment

The New Zealand Business Number — Ministry of Business, Innovation & Employment 

Direction in force from 27 March 2022

On 21 August 2018 the Minister of State Services and the Minister of Finance issued a direction setting out requirements for Crown entities in relation to implementation of the Carbon Neutral Government Programme (CNGP)

The first link provides the text of the Direction. The second link below is to the Ministry for the Environment website and provides more information on the Government Carbon Neutral Programme.

Direction for agencies to implement the Carbon Neutral Government Programme — New Zealand Parliament

Carbon Neutral Government Programme — Ministry for the Environment 

Related material

Application of directions: decision and resolution processes 

Extending the mandate of functional leaders to Crown entities does affect the duties, responsibilities and operating model of a Crown entity board and its responsible minister.  The diagram below shows what ministers are answerable for, and the responsibilities of central agencies, Crown entity boards and functional leaders in respect of functional leadership.  

Minister of State Services (now called the Minister for the Public Service) and Minister of Finance 

Minister responsible for Crown entity 

Minister responsible for Functional Leader 

Answerable to the House for functional leader's overall mandate as it applies to Crown entities 

Answerable to the House for Board’s performance in complying with specified requirements 

Answerable to the House for functional leader’s performance 

Public Service Commission and Treasury 

Entity Board 

Functional Leader 

Responsible for quality of advice on overall mandate for functional leadership as it applies to Crown entities 

Responsible for performance of entity in complying with specified requirements 

Responsible for quality of advice on content of specified requirements and scope of application. Responsible for leading the application of the specified requirements to entities as appropriate 

Under section 151 of the Crown Entities Act 2004, an entity's annual report must include information of “any new direction given to the entity by a Minister in writing under any enactment during that financial year, as well as other such directions that remain current”. A full account of the activities affected by a requirement will assist ministers, the Office of the Auditor-General and Parliament to understand where responsibilities lie for particular activities of the entity.

Related links

Government Procurement Rules — New Zealand Government Procurement and Property

 Delivering better outcomes for New Zealand — New Zealand Government Procurement and Property

Procurement — NZ Digital Government

Better Public Services

Crown entities

Directions to Support a Whole-of-Government Approach, Given to the House of Representatives by the Minister of State Services and the Minister of Finance  — New Zealand Gazette 

Entities covered by the directions

Coverage for the Procurement, ICT and Property directions is set out in this table.

 

Property

Procurement

ICT

Group of 7 specific Crown agents (*)                                     

Yes                                

Yes                                

Yes                                

District Health Boards (**)

-

Yes

Yes

All other Crown agents, except the NZ Blood Service (***)

Yes

Yes

-

Autonomous Crown Entities (ACEs)

-

Yes

-

Independent Crown Entities (ICEs)

-

Yes

-

Crown entity companies

-

Yes

-

PFA Schedule 4A companies

-

Yes

-

School Boards of Trustees

-

-

-

(*): 7 specific Crown agents with the common characteristic of sizeable ICT business transactions and investment: Accident Compensation Corporation, Earthquake Commission, Housing New Zealand Corporation, New Zealand Qualifications Authority, New Zealand Trade and Enterprise, New Zealand Transport Agency, and Tertiary Education Commission.

(**): All functions, staff, assets and contracts held by DHBs transferred to Health NZ under the Pae Ora Act on 1 July 2022.

(***): The NZ Blood Service was excluded from coverage of the Property direction following consultation on the same basis as for District Health Boards (all office space is going to be within operational sites).

New Zealand’s central government organisations 

When the directions apply to affected entities

  • Procurement direction applies from 1 February 2015.
  • ICT direction applies from the date the direction comes into force, except that the ICT assurance requirements apply to District Health Boards from 1 July 2015.
  • Property direction applies from 1 July 2014.

Crown entity subsidiaries and section 107 directions

Under section 107(3) of the Crown Entities Act 2004, the Ministers of State Services and Finance cannot issue a direction to subsidiaries.

Section 107(3), Crown Entities Act 2004 — New Zealand Legislation

However, under section 97(e), there is an obligation on the parent entity to ensure that their subsidiaries comply, to the extent that the direction relates to the subsidiary.

Section 97(e), Crown Entities Act 2004 — New Zealand Legislation

Directions under section 107 apply to Schedule 4A entities

Under one of the 2013 amendments to the Crown Entities Act 2004, companies named in Schedule 4A of the Public Finance Act 1989 (PFA) may be treated as a category of Crown entities for the purposes of giving whole of government directions to one or more categories of Crown entities. 

New Zealand’s central government organisations lists the current PFA Schedule 4A entities.