2 Governance

You are viewing an ARCHIVED page.

2.1 Owner of the Site Certification process

8. The S.E.E. Manager is the owner of the Site Certification process. For the purposes of the Site Certification process, the State Services Commissioner, or representative that the Commissioner may from time to time nominate, will represent the S.E.E. Manager.

9. The S.E.E. Manager reserves the right to manage and control the Site Certification process, and the right to terminate the Site Certification process at any time.

2.2 Acceptance of Application for Site Certification

10. The S.E.E. Manager reserves the right to accept or decline any application for Site Certification received. The S.E.E. Manager will not be under any obligation to discuss with Applicants the reasons why an application for Site Certification is either accepted or rejected. The S.E.E. Manager 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 Scope and Limitations

11. The Site Certification process is limited to the testing 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).

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

13. The Site Certification process provides a high level of assurance that interoperability can be achieved between the Applicant's instance of Accredited Software and any other Accredited Software installed in any Participating Agency. The Certification Process is continually improved to test known interoperability issues, however Site Certification of an Applicant does not imply any form of endorsement of the software will be suitable for installation and use in any Participating Agency, Eligible Agency or elsewhere.

2.4 Applicability

2.4.1 Certification

14. The Site Certification process applies to Applicants who are seeking to have their instance of Accredited Software Certified.

2.4.2 Recertification

15. The Site Recertification process applies to each Participating Agency at least once every 12 months or at initiation of a major change or at a complaint. A major change can include:

• Change of ownership

• Significant redesign of gateway architecture

• Significant change in access policy

• Upgrade of hardware and software

• Installation of additional services

• Addition of clients

16. Depending on the nature of the change, a change may be able to occur without Recertification, but may require S.E.E. Manager review. S.E.E. Manager will review change management procedures as part of the certification process.

17. S.E.E. Manager will provide assistance to Participating Agencies to identify significant changes and to develop procedures to notify the reviewer as part of the change management process.

2.5 Roles and Responsibilities

18. The S.E.E. Steering Group will meet on matters of strategic importance to S.E.E., including termination of Site Certification. The S.E.E. Steering Group will ratify all requirements, or changes to the Site Certification process.

19. The S.E.E. Manager will direct and oversee all day-to day matters relating to S.E.E., including the Site Certification process. The S.E.E. Manager is the point of contact for all Applicants or Participating Agencies.

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

2.6 Notices

21. The following periods of notice will apply to the Site Certification process.

1. The S.E.E. Manager will give Applicants five (5) working days notice of Termination of the Site Certification process.

2. The S.E.E. Manager will give Applicants and Participating Agencies:

3. • 1 months notice of an Certification Review

   • 2 months notice of changes or variations to the Site Certification process

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

4. The S.E.E. Manager will give notice by e-mail to the person(s) who is authorised by the Applicants or Participating Agencies to act on behalf of their organisation for the purposes of the Site Certification process. The period of notice will commence at the time of dispatch of the e-mail.

5. Applicants will give the S.E.E. Manager five (5) working days notice of their intention to withdraw from the Site Certification process.

6. Applicants or Participating Agencies will give notice by e-mail, to the S.E.E. Manager's Representative and the S.E.E. Manager. The period of notice will commence from the time of acceptance of that notice by one of the S.E.E. Manager'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 Applicants or Participating Agencies to act on behalf of their organisation for the purposes of the Site Certification process.

2.7 Variation

22. The S.E.E. Manager reserves the right to amend the Site Certification process, its requirements and/or this Document and to make any changes whatsoever, including cancelling the Site Certification process and the S.E.E. project itself. The S.E.E. Manager accepts no obligation of any kind to any other party. Applicants and Participating Agencies will be notified of any changes to the requirements in accordance with the notice provisions detailed in this document.

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

2.8 Costs

2.8.1 Philosophy underpinning costs

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

25. There is a strong expectation that individual Participating Agencies will be generous with their time, where there is a benefit for Participating Agencies generally. In such an instance, individual Participating Agencies assisting with a Site Certification process may chose to absorb a level of costs that they might not otherwise accept.

26. In practical terms this means that the S.E.E. Manager may direct Participating Agencies being used as Operational Reference Sites not to charge the Applicants for recovery of direct costs borne by them as part of the Site Certification process.

27. Where the time required from a Participating Agency being used as an Operational Reference Site exceeds the estimate provided by the Applicants, the participating Agency may, with the agreement of the S.E.E. Manager's representative, charge the Applicants for recovery of those additional direct costs borne by them, at a rate predetermined as part of the Site Certification process.

2.8.2 Costs borne by Applicants

28. The Applicant will bear all direct costs associated with the preparation and presentation of an application for Site Certification. The S.E.E. Manager will under no circumstances be liable for any costs incurred by an Applicant.

29. Costs that will be incurred by the S.E.E. Manager and invoiced to the Applicants will where possible be notified to the S.E.E. Manager in advance of the Site Certification process commencing.

2.9 Dispute Resolution - Escalation, Arbitration

2.9.1 Principles

30. The parties agree to use their best efforts to resolve any dispute that may arise under the Site Certification process through good faith negotiations.

31. 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.

2.9.2 Process

32. If an irreconcilable dispute or difference arises between the Applicant and the S.E.E. Manager 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.

33. However where an irreconcilable dispute or difference arises between the Applicant and the S.E.E. Manager as a result of an application for Site Certification by Applicants, or from the Site Certification process, the dispute shall first be referred to the S.E.E. Manager's Representative for discussion and resolution.

34. 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).

35. 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.

36. 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.

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

2.10 Termination of the Site Certification process

38. In the event that the Site Certification process is terminated, the

• Applicant will be deemed not Certified.

• Participating Agency will be subject to Withdrawal of Site Certification.

2.10.1 Failure by Applicants to fulfil Requirements

39. Where the S.E.E. Manager determines that an Applicant is unable to fulfil the requirements of the Site Certification process, that Applicant will be given notice of termination of the Site Certification process in accordance with the notice provisions detailed in this document. If the Applicant is unable to meet the requirements of the Site Certification process within that period, the Site Certification process will be terminated.

40. The S.E.E. Manager reserves the right to recover from the Applicant all direct costs incurred by the S.E.E. Manager, arising from the terminated Site Certification process.

2.10.2 Failure to agree costs with Applicants

41. In the event that the S.E.E. Manager and Applicant fail to agree on the costs of the Site Certification process, or apportionment of those costs, the S.E.E. Manager reserves the right to terminate the Site Certification process without liability.

2.10.3 Termination of Site Certification process by Applicants

42. An Applicant may at any point request that the Site Certification process be terminated. The Applicant will give notice to the S.E.E. Manager of their intention to terminate the Site Certification process in accordance with the notice provisions detailed in this document

2.11 Certification Review / Revocation of Certification

43. Where the Crown determines that a certified site is unable to interoperate when appropriately configured, the Crown will give notice of a Certification 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 Site Certification process. A previously certified site that fails the process will have its certification revoked.

2.12 Process and test documentation

44. Refer to S.E.E. Mail Tests document.

2.13 Appendices

Appendix 1 - The Site Certification process - new applicants

Appendix 2 - Change of Site Certification requirements by S.E.E. Manager