Government chief digital officer clarifies digital investment, procurement

New circular shouldn’t clash with Crown Entities Act and Companies Act

Government chief digital officer clarifies digital investment, procurement

In a recently issued circular, the government chief digital officer (GCDO) has outlined the relevant roles, responsibilities, accountability, decision-making, and operating arrangements supporting the implementation of the whole-of-government direction to centralise digital investment and procurement decision-making. 

The new circular seeks to clarify who will do what, who will decide what, and how the GCDO will lead the digital system alongside the current statutory, governance, investment, funding, and procurement arrangements. 

In mid-2027, the circular will be subject to review for potential updates as may be necessary. 

Scope of the circular

The circular applies to Crown entities covered by the whole-of-government direction from their applicable commencement date. 

According to the circular, it does not intend to change, restrict, or replace: 

  • an entity’s statutory functions, powers, duties, or obligations 
  • an entity board’s governance responsibilities and duties 
  • an entity chief executive’s management responsibilities 
  • the responsibilities and decision-making authority of the responsible ministers, shareholding ministers, and Cabinet 
  • other system leads’ responsibilities and decision-making authority in the investment and procurement systems 

Circular’s statutory context

People should read the circular consistently with: 

  • the Crown Entities Act 2004, including s 113 
  • the Companies Act 1993, if applicable 
  • the governing legislation of all entities 
  • other pertinent legal and regulatory requirements 

Regarding system leadership for digital investment and procurement, the circular noted that the public service commissioner could, under s 56 of the Public Service Act 2020, designate a public service chief executive as a system leader to lead and coordinate best practices in a subject matter area across state services. 

As regards the escalation of matters, the circular explained that such escalation would not suspend any relevant statutory duties, approval requirements, or legal obligations.

More on the direction

According to the news release from digital.govt.nz, the whole-of-government direction aims to help the government coordinate the approach to strategically significant digital investment and procurement. 

About the government chief digital officer

Working with Crown entities, government agencies, and other system leads, the GCDO spearheads the implementation of the direction and seeks to support coordinated digital investment decisions. 

More technology-related law news

A recently released consultation paper covered certain draft amendments to court rules to prepare for the implementation of Te Au Reka, through which courts and tribunals will transition to a digital case flow management system. 

Last May, Justice Minister Paul Goldsmith highlighted the Crimes Legislation (Stalking and Harassment) Amendment Act 2025, which provided for harmful digital communication orders, restraining orders, and aggravating factors at sentencing. 

Enjoy this story? Read the latest TMT (telecoms, media, technology) news on the main page!