2 Governance

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2.1 Owner of the Accreditation Process

9. The Crown is the owner of the Accreditation Process. For the purposes of the Accreditation Process, the State Services Commissioner, or representative that the Commissioner may from time to time nominate, will represent the Crown.

10. The Crown reserves the right to manage and control the testing process, for any Applicant and Accreditation of Software and the right to terminate the Accreditation Process at any time.

11. The Crown reserves the right to from time to time to advertise for expressions of interest to apply for accreditation.

2.2 Acceptance of Application for Accreditation

12. The Crown reserves the right to accept or decline any application for accreditation received. The Crown will not be under any obligation to discuss with applicants the reasons why an application for accreditation is either accepted or rejected. The Crown will endeavour, however, to debrief unsuccessful applicants. Successful and unsuccessful applicants will be notified by e-mail and in writing of the outcome of the evaluation process.

2.3 Confidentiality

13. Each party will keep secure and confidential at all times all Confidential Information relating to the business of the other party, which it, its employees, permitted contractors, agents or representatives may become aware of. Each party will as a minimum standard use the same degree of care to avoid disclosure as it uses to protect its own Confidential Information.

14. The Crown may provide Confidential Information of the Applicant to Participating Agencies or Eligible Agencies. The Crown shall ensure that Participating Agencies or Eligible Agencies shall comply with the confidentiality obligations relating to the Applicant's Confidential Information disclosed to the Crown as part of the Accreditation process

15. Each party shall use its best endeavours to ensure those of its officers, employees and advisers to whom Confidential Information is disclosed as part of the Assessment Process are aware of and comply with the confidentiality obligations

16. If either party is required by law (including, but without limitation, pursuant to the Official Information Act 1982) to disclose any Confidential Information it will immediately, and prior to such disclosure, advise the other party to the extent that such disclosure is permitted by law.

17. The confidentiality obligations shall survive completion or termination of the Assessment Process.

2.4 Official Information

18. Applicants should be aware that any information, data or knowledge they supply as part of the Assessment Process is official information in terms of the Official Information Act 1982. In line with the policy of that Act, such information may be released to the public unless there is good reason, in terms of that Act, to withhold the information.

2.5 Scope and Limitations

19. The Accreditation Process is limited to the supply of software products and associated services for the secure exchange of electronic mail (e-mail) between participating Agencies in the Secure Electronic Environment (S.E.E).

20. The Accreditation Process is only to support the exchanging of secure e-mail between Participating Agencies. The Accreditation Process is completely separate from any assessment carried out by or for the Government Communications Security Bureau or any other standards setting organisation.

21. The Accreditation Process provides a high level of assurance that interoperability can be achieved between a particular version and configuration of e-mail software and any other Accredited Software installed in any Participating Agency. The Accreditation Process is continually improved to test known interoperability issues, however accreditation of software or an Applicant does not imply any form of endorsement of the software or imply that the software will be suitable for installation and use in any Participating Agency, Eligible Agency or elsewhere.

2.6 Applicability

2.6.1 New Applicants

22. The Accreditation Process applies to Applicants who are seeking to have software Accredited for use in the S.E.E. Mail environment. These Applicants will be expected to complete a comprehensive testing process.

2.6.2 New Versions

23. The Accreditation process applies to existing Accredited Parties who are seeking accreditation for a new Version of Accredited Software or a current version that has been substantially Revised, whether this be a bug fix or new functionality. These Accredited Parties will be expected to demonstrate continued interoperability with other Accredited Software through an appropriate testing process.

2.6.3 Change of Requirements by the Crown

24. The Accreditation process applies to existing Accredited Parties who are seeking to renew or confirm the accreditation of Accredited Software following a change or variation to the requirements. These Accredited Parties will be expected to demonstrate continued interoperability under the updated requirements through an appropriate testing process.

2.7 Roles and Responsibilities

25. The Crown's Representative in the Accreditation Process is the Director, E-government Unit, State Services Commission.

26. The Crown's representative will convene and chair the S.E.E. Steering Group on matters of strategic importance to S.E.E., including Accreditation of Applicants, or termination of Accreditation. The S.E.E. Steering Group will ratify all requirements, or changes to the Accreditation Process.

27. The S.E.E. Manager will direct and oversee all day-to day matters relating to S.E.E., including the Accreditation Process. The S.E.E. Manager is the point of contact for all Applicants or Accredited Parties.

28. The current list of personnel assigned to specific roles and responsibilities can be found at www.see.govt.nz/index.html#Governance.

2.8 Notices

29. The following periods of notice will apply to the Accreditation Process.

1. Applicants will give the Crown five (5) working days notice of their intention to enter the Accreditation Process. This allows time for the creation of suitable Digital Certifiacte sets and and the enabling of access to the SMARTS sevice. 

2. The Crown will give Applicants and Accredited Parties:

3. • 1 months notice of an Accreditation Review

   • 2 months notice of changes or variations to the Accreditation Process

   • 3 months notice of changes or variations to its requirements or test criteria.

4. Applicants or Accredited Parties will give notice by e-mail, to the Crown's Representative and the S.E.E.Mail Manager. The period of notice will commence form the time of acceptance of that notice by one of the Crown's Representative or the S.E.E. Manager. Acceptance will be notified by return e-mail to the person(s) who is authorised by the Applicant or Accredited Party to act on behalf of their organisation for the purposes of the Accreditation Process.

5. The Crown will give notice by e-mail to the person(s) who is authorised by the Applicant or Accredited Party to act on behalf of their organisation for the purposes of the Accreditation Process. The period of notice will commence at the time of dispatch of the e-mail.

2.9 Intellectual Property Rights

30. The Intellectual Property Rights in the Accreditation Process or any other matters shall remain the property of the Crown,

31. The Intellectual Property Rights in any Confidential Information supplied by an Applicant or Accredited Party pursuant to the Accreditation Process will remain the property of the Supplier, its suppliers and licensors, as the case may be except that the Crown shall have the right to share such Confidential Information with any Participating Agency or Eligible Agency.

2.10 Variation

32. The Crown reserves the right to amend the Accreditation Process, its requirements and/or this Document and to make any changes whatsoever, including cancelling the Accreditation Process and the S.E.E project itself. The Crown accepts no obligation of any kind to any other party. Applicants and Accredited Parties will be notified of any changes to the requirements in accordance with the notice provisions detailed in this document.

33. The Crown reserves the right to waive all or any part of the Accreditation Process at its discretion, on a case-by-case basis without notice. The S.E.E. Steering Group will ratify such waivers to the Accreditation Process in advance.

2.11 Liability

34. The Crown will not be liable to any Applicant (nor to any Accredited Party) for any inaccuracy or omission in this document or for any additional information that the Crown may provide. The Crown reserves the right to amend the requirements to make any changes whatsoever without obligation of any kind to any other party. Accredited Parties will be notified of any changes to the requirements in accordance with the notice provisions detailed in this document.

35. The Crown does not accept any liability from any Supplier, Participating Agency, Eligible Agency or any other party whatsoever for any cost, damage or loss arising from:

• Any amendment or variation of the Accreditation Process

• Withdrawal of Accreditation

• Termination of Accreditation or the Accreditation Process

• Accreditation of new Parties and/or Software

• Cancellation of any part or all of the S.E.E. Project

36. The Crown does not accept any liability from any party for any cost, damage or loss that may arise from Installation and use of the Accredited Software. In particular neither the Crown, nor the State Services Commissioner or the Crown's Representative in any way whatsoever warrant the suitability or performance of the Accredited Software.

2.12 Costs

2.12.1 Philosophy underpinning costs

37. Costs will generally be borne by the party initiating the Accreditation Process, or the party that stands to gain from the process. However, the success of S.E.E. Mail will arise from positive relationships between Participating Agencies, Applicants and Accredited Parties. This drives a philosophy that costs will be reduced to a practical minimum wherever possible.

38. There is a strong expectation that individual Participating Agencies will be generous with their time, where there is a benefit for Participating Agencies generally. This may mean that, where there is a general benefit for all Participating Agencies, individual Participating Agencies assisting with a particular instance of an Accreditation Process may chose to absorb a level of costs that they might not otherwise accept.

39. Where the time required from a Participating Agency being used as an Operational Reference Site exceeds the estimate provided by the Supplier, the participating Agency may, with the agreement of the Crown's representative, charge the Applicant for recovery of those additional direct costs borne by them, at a rate predetermined as part of the Accreditation Process.

2.12.2 Costs borne by Applicant

40. All direct and indirect costs will be borne by the Applicant, providing that costs which will be incurred by the Crown and invoiced to the Applicant will where possible be notified to the Crown in advance of the Accreditation Process commencing.

41. The Applicant will bear the effort and costs associated with the preparation and presentation of an application for Accreditation. This effort and costs shall be expended without obligation to the Crown to purchase any product or service included in that application.

2.12.3 Costs borne by the Crown

42. The Crown will under no circumstances be liable for the costs incurred by an Applicant or Accredited Party.

2.13 Dispute Resolution - Escalation, Arbitration

2.14 Principles

43. The parties agree to use their best efforts to resolve any dispute that may arise under the Accreditation Process through good faith negotiations.

44. The parties acknowledge their desire that any irreconcilable dispute or difference shall be resolved by mediation. This is without prejudice to any other right or entitlement that they may have. The rules governing any mediation shall be agreed between the Parties. The Parties agree to the assistance of LEADR (Lawyers involved in Alternative Dispute Resolution) to set the terms of reference for any such mediation and/or to procure mediation at equal cost to the parties or on such other terms as the Parties agree.

2.15 Process

45. If an irreconcilable dispute or difference arises between the Applicant and the Crown either party may seek request that the dispute be submitted for mediation within 14 days by way of written notice by one party to the other.

46. However where an irreconcilable dispute or difference arises between the Applicant and the S.E.E. Manager as a result of an application for Accreditation by a supplier, or from the Accreditation Process, the dispute shall first be referred to the Crown's Representative for discussion and resolution.

47. If an irreconcilable dispute or difference is not submitted for mediation within 14 days of written notice by one party to the other, or resolved by mediation, either party may by way of 14 days written notice to the other require the matter to be determined by the arbitration of a single arbitrator in accordance with the provisions of the Arbitration Act 1996 (as amended by this Agreement).

48. The arbitrator shall be appointed by the parties or, failing agreement within five Working Days of such notice, appointed as soon as possible by the President of the New Zealand Law Society at the request of either party. The arbitration shall be conducted as soon as possible at Wellington.

49. The parties shall continue to perform their obligations as far as possible as if no dispute had arisen pending the final settlement of any matter referred to mediation or arbitration.

50. Nothing in this section shall preclude either party from taking immediate steps to seek urgent interlocutory relief before a New Zealand Court.

2.17 Accreditation Review / Revocation of Accreditation

52. Where the Crown determines that Accredited Software is unable to interoperate when appropriately configured, the Crown will give notice of an Accreditation Review to all Parties it believes are affected Parties, in accordance with the notice provisions detailed in this document. The affected Parties will be expected to follow the process for "Accreditation of a new version of accredited software". Previously Accredited Software that fails the process will have its accreditation revoked.

2.17.1 By the Crown - failure to agree costs with Applicant

53. In the event that the Crown and Applicant fail to agree on the costs of the Accreditation Process, or apportionment of those costs, the Crown reserves the right to terminate the Accreditation Process without liability.

54. In the event that the Accreditation Process is terminated:

• Where the Accreditation Process is for the purpose of accrediting a new Party and Software, the Party and Software will be deemed not Accredited

• Where the Accreditation Process is for the purpose of accrediting a new Version of Existing Accredited Software, the existing Version of the Accredited Software will remain Accredited until such time as the existing Version fails to meet requirements. At that point the Crown will withdraw the Accreditation.

• Where the Accreditation Process is for the purpose of Accrediting existing Accredited Software to meet changed Accreditation, the existing Accreditation will be withdrawn at 11:59:59 p.m. on the day prior to the new Accreditation criteria coming into force

2.17.2 By the Applicant

55. An Applicant may at any point terminate the Accreditation Process.

2.18 Process and test documentation

Appendices 1 - 3 give details of current test requirements.

2.19 Appendices

Appendix 1 - The Accreditation Process - new applicants

Appendix 2 - Accreditation of a new version of accredited software

Appendix 3 - Change of accreditation requirements by Crown