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The Trans-Tasman Mutual Recognition Arrangement (TTMRA), which entered into force in 1998, is a key driver of regulatory coordination and delivers on both the New Zealand and Australian Governments’ strategic objective of creating a single trans-Tasman market for the sale of goods and the registration of occupations. By allowing producers and registered occupations to meet only one set of standards, rather than two or more, mutual recognition reduces the barriers to, and the costs of, movements of goods and people between our two countries.
Under the TTMRA, most goods able to be legally sold in one country can be legally sold in the other without having to meet further sales-related requirements. Similarly, people registered to practise an occupation in one country are entitled to register to practise the equivalent occupation in the other country without the need to undergo further testing or examination.
The Arrangement is implemented in New Zealand by way of overarching legislation the Trans-Tasman Mutual Recognition Act 1997 (the Act) which means that all laws are subject to the Act unless specifically excluded or exempted .
The mutual recognition principle of the TTMRA as it applies to goods means that most goods able to be legally sold in one country can be legally sold in the other. This principle applies regardless of any difference of sales-related regulatory requirements applying in each country. The only exceptions to this mutual recognition principle are the exemptions and exclusions contained in the arrangement.
Currently, five product sectors are subject to special exemptions under the Arrangement, while standards and regulatory regimes are brought closer together. These sectors are therapeutics, hazardous substances, industrial chemicals and dangerous goods, motor vehicles, gas appliances and radio communication standards.
Until 2005, there was also a special exemption for consumer products safety standards. This began with 300-400 Australian product safety standards and bans and 14 New Zealand product safety standards and bans. Over the past five years mutual recognition and, in some cases, harmonisation has been negotiated for all but one of these standards. The issues around the final standard, that for child car-safety restraints, are intrinsically aligned to the standards applied to the motor vehicle fleet in the respective countries. It was therefore moved to the road vehicle Special Exemption which saw the successful conclusion of this Special Exemption.
For further information refer to the User’s Guide to the TTMRA [external link] or contact the Ministry of Economic Development’s TTMRA Helpdesk TTMRA@med.govt.nz.
The mutual recognition principle of the TTMRA as it applies to occupations means that a person registered to practise an occupation in Australia can register to practise an equivalent occupation in New Zealand, and vice versa, without the need to undergo further testing and/or examination. This mutual recognition principle, however, applies only to occupations that are required to be registered, certified, licensed or approved by law in both New Zealand and Australia. “Equivalent” occupations are defined as occupations where the activities authorised to be carried out under registration are substantially the same in both jurisdictions. It is the responsibility of the relevant registration body to determine if the occupations are equivalent.
The Ministry of Economic Development is the principal government department responsible for policy under, and the administration of, the Trans-Tasman Mutual Recognition Act 1997 (which implements the TTMRA into New Zealand legislation). The Ministry does not have a role in terms of the actual recognition of qualifications or administration of the registration of occupations.
The New Zealand Qualifications Authority is responsible for the assessment of qualifications, and the relevant registration bodies are responsible for the occupational registration process.
With regard to having qualifications recognised for the purpose of registration under the TTMRA, it is important to note that recognition under the TTMRA focuses on a person’s registration in the original jurisdiction rather than on the requirements for registration (i.e., possession of qualifications). This means that, so long as the occupation is registered and equivalent, it would not be necessary for qualifications to be transferred in order to register under the TTMRA.
The only exception applies to medical practioners. However, in the case of doctors trained in New Zealand and Australia, mutual recognition-type arrangements already apply.
For further information refer to the User’s Guide to the TTMRA [external link] or contact the Ministry of Economic Development’s TTMRA Helpdesk TTMRA@med.govt.nz.
The operation of the TTMRA is supported by a range of institutional arrangements, most importantly the Council of Australian Governments (COAG) Ministerial Councils and the Senior Officials’ process that supports these. New Zealand participates in the Ministerial Councils with full membership and voting rights when TTMRA issues arise. As such, the Ministerial Councils have an important role in driving the development of regulatory outcomes that support mutual recognition and harmonisation of regulatory regimes.
The TTMRA provides for a general review of its operation to be carried out every five years after it came into effect. The first review was undertaken by the Australian Productivity Commission. Overall, the Commission found that the TTMRA is working well, contributing significantly to increased trans-Tasman mobility of goods and labour.
The Cross-Jurisdictional Review (CJR) Forum, which consists of Australian Federal, State and New Zealand senior officials was tasked to consider the Productivity Commission’s findings and prepare a final report to the Governments. All heads of government endorsed the CJR Forum’s report in September 2005. The CJR Forum is now implementing recommendations arising from the review, which aim to improve the operation of the TTMRA and ensure that it remains an effective cornerstone of a Single Economic Market. These recommendations include:
