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Treaties and International Law

International Treaties List as at January 2012

Trade and Investment

17. Malaysia - New Zealand Free Trade Agreement Schedules of Investment Commitments

The Malaysia New Zealand Free Trade Agreement was concluded and signed on 26 October 2009. The Agreement has an investment chapter that includes commitments around the treatment and protection of investors and investments of each Party in the territory of the other Party. The chapter also has a forward work programme which includes a commitment to negotiate, within six months of entry into force of the agreement, schedules of non-conforming measures (or reservations). A non-conforming measure is any law, regulation, procedure, requirement or practice which violates certain articles of the investment agreement. Once Malaysia and New Zealand have completed these schedules, two of the core obligations in the chapter (national treatment and MFN) will become operational.

Lead agency:
Ministry of Foreign Affairs and Trade

Status:
Bilateral. Preliminary discussions with Malaysia took place in October 2010.

Particular interest to Maori and other groups:
Unlikely to have a significant impact on Maori interests. Issues of interest to Maori were considered as part of the overall Malaysia New Zealand Free Trade Agreement consultations process.

It will give New Zealand investment sector greater certainty in terms of their offensive interests in Malaysia.

Legislation required:
Not yet clear.

Contact:

Elizabeth Dixon
Senior Policy Officer (Investment)
Trade Negotiations Division
Ministry of Foreign Affairs and Trade

Email: elizabeth.dixon@mfat.govt.nz
Ph: (04) 439 8233
Fax: (04) 439 8522


18.Investment Protocol to the New Zealand - Hong Kong, China Closer Economic Partnership Agreement
Common name: New Zealand - Hong Kong Investment Protocol

Negotiations on an Investment Protocol between Hong Kong, China and New Zealand commenced in November 2010.

Under the auspices of the NewZealand – Hong Kong Closer Economic Partnership (CEP), NewZealand and Hong Kong agreed an Exchange of Letters (EoL) requiring NewZealand and HongKong to negotiate and conclude an Investment Protocol to the NewZealand – HongKong, China Closer Economic Partnership Agreement (CEP) within two years from the date the CEP enters into force. The parties have agreed that the negotiations must cover the elements referenced in the EoL (see paragraphs 2 and 4 of the Investment EoL), and that the resulting Investment Protocol will build upon and be broader in scope than the existing NewZealand – Hong Kong Agreement for the Promotion and Protection of Investments, and will also be drafted with reference to the NewZealand – China FTA (paragraph 3).

Lead agency:
Ministry of Foreign Affairs and Trade

Status:
Bilateral. First substantive round of negotiations held in Wellington, New Zealand 2–6 May 2011.

Website:
http://www.mfat.govt.nz/downloads/trade-agreement/hongkong/NZ-HK-CEP-Investment-EOL.pdf

Particular interest to Maori and other groups:
No specific impact on Maori stakeholders expected.

Consultations on the actual negotiations of an Investment Protocol will be held with a range of business and other stakeholders.

Legislation required:
No.

Contact:
Thomas Haidon
Trade Specialist
Trade Negotiations Division
Ministry of Foreign Affairs and Trade

Email: thomas.haidon@mfat.govt.nz
Ph: (04) 439 8808
Fax: (04) 439 8522

 
19. World Trade Organisation Trade Negotiations: Doha Development Agenda
Common name: WTO DDA

These negotiations are for a further round of multilateral trade liberalisation under the WTO, following on from the Uruguay Round. They involve cuts in tariffs and subsidies in agricultural and non-agricultural goods, expanded commitments on market access in services and various aspects of WTO rules.

Lead agency:
Ministry of Foreign Affairs and Trade

Status:
Multilateral. The negotiations were launched on the basis of decisions taken at the WTO ministerial meeting in Doha in November 2001. Following suspension in July 2006 negotiations have resumed, with NewZealand’s efforts focused on bringing the negotiations to an ambitious and balanced conclusion.

Particular interest to Maori:
To the extent that trade liberalisation has an impact on New Zealand export opportunities and export growth, Māori would expect to benefit along with other members of the New Zealand workforce and other New Zealand business groups. There may also be limited impacts on specific companies or sectors if New Zealand cuts tariffs as a result of commitments under the new Agreement. Previous analysis suggests that liberalisation of trade in agriculture, fisheries and forestry will have larger benefits for Māori than some other groups in the population because of the level of their participation in these sectors of the economy.

The DDA covers a wide range of sectors. There has been consultation with interested groups across the range of sectors.

Legislation required:
Not yet clear, will depend on outcome of negotiations.

Contact:
Nigel Fyfe
Director
Trade Negotiations Division
Ministry of Foreign Affairs and Trade

Email: nigel.fyfe@mfat.govt.nz
Ph: (04) 439 8383
Fax: (04) 439 8522

 
20. Gulf Cooperation Council and New Zealand Free Trade Agreement
Common name: GCC/NZ FTA

NewZealand and the six-nation Gulf Cooperation Council (GCC, a regional economic grouping comprising Saudi Arabia, Kuwait, Bahrain, Qatar, United Arab Emirates and Oman) concluded substantive FTA negotiations after six rounds on 31 October 2009.

The FTA will provide a strong platform for export growth into a region that is likely to emerge strongly from the global recession.

Exports to GCC totalled NZ$1.1 billion in the year to June 2010. The group now ranks as NewZealand’s seventh largest trading partner with bilateral trade worth $3.65 billion.

While NewZealand's major exports to the region are dominated by primary sector products such as dairy, sheep meat, and wood there is increasingly a strong interest in critical services areas such as ICT, education, environmental and professional services.

Lead agency:
Ministry of Foreign Affairs and Trade

Status:
Bilateral. Substantive negotiations have been concluded. The GCC and NewZealand will be looking to undertake legal and technical verification of the FTA documents once the GCC is in a position to do so. NewZealand will be seeking Cabinet approval of the outcomes prior to signature. Upon signature, full details of the FTA will be made publicly available.

Particular interest to Maori and other groups:
As with other New Zealand Free Trade Agreements, New Zealand has sought a specific provision whereby New Zealand maintains its rights to take measures including in fulfilment of its obligations under the Treaty of Waitangi.

Regular consultations have been held with business and other stakeholders.  Further details are provided in a Public Background Information Paper available on the website of the Ministry of Foreign Affairs and Trade.

Legislation required:
Yes. The timing of legislation related to the FTA is not yet clear and will depend on the agreed date for signature.

Contact:

Richard Ivess
Senior Specialist, Trade Negotiations Division
Ministry of Foreign Affairs and Trade

Email: richard.ivess@mfat.govt.nz
Ph: (04) 439 8078
Fax: (04) 439 8522

 
21. Agreement Amending the Agreement on Mutual Recognition in Relation to Conformity Assessment Between the European Community and New Zealand

The 1998 European Community/New Zealand Mutual Recognition Agreement (MRA) is designed to facilitate trade in covered products between New Zealand and the European Community (EC) and reduce compliance costs by requiring each Party to recognise testing, inspection, and certification carried out in the territory of the other Party.  Under the MRA, New Zealand products can be certified in New Zealand to European standards before export, meaning that they need not be re-tested on arrival in Europe (and vice-versa).

The sectors currently covered by the MRA are: medical devices; medicinal products; good manufacturing practice (GMP); telecommunications terminal equipment; low voltage equipment; electromagnetic compatibility; machinery; and pressure equipment.

Amendments to the MRA are needed to remove administrative complexities that prevent the Agreement from functioning effectively and to facilitate the extension of the benefits of the MRA to additional sectors.  The text of an Amending Agreement to achieve these goals has been initialled and is undergoing the necessary approval processes in New Zealand and the EC.

Lead agency:
Ministry of Economic Development

Status:
Bilateral but in conjunction with the Australia/European Union MRA negotiation.

Particular interest to Maori and other groups:
No specific impact on Maori stakeholders anticipated.

It is intended that simplification of the Agreement’s mechanisms will facilitate trade, including making it easier to increase the sectoral coverage. This should reduce compliance costs for New Zealand exporters.

Legislation required:
No.

Contact:

Laurie Knight
Senior Policy Analyst
Standards, Sustainability and Trade Facilitation
Competition, Trade and Investment Branch
Ministry of Economic Development

Email:laurie.knight@med.govt.nz
Ph: (04) 978 3801
Fax: (04) 499 8508top of page

 
22. Agreement Between the Swiss Confederation and New Zealand on Sanitary Measures Applicable to Trade in Live Animals and Animal Products

The objectives of negotiating an agreement with Switzerland on sanitary measures applicable to trade in live animals and animal products include:

Lead agency:
Ministry of Foreign Affairs and Trade
New Zealand Food Safety Authority

Status:
Bilateral. The agreement was signed in November 2010. The agreement will come into force after the parties have notified each other that domestic compliance is completed. This is expected to be completed by mid-2011.

Particular interest to Maori and other groups:
No specific impact on Māori stakeholders anticipated.

The New Zealand meat, seafood and dairy industries support the pursuit of bilateral sanitary agreements with trading partners so as to minimise compliance costs and facilitate trade.

Legislation required:
No.

Contact:

Tony Zohrab
Director
Market Access
New Zealand Food Safety Authority

Email: Tony.Zohrab@nzfsa.govt.nz
Ph: (04) 894 2500

 
23. Trans Pacific Strategic Economic Partnership Agreement
Common name: Trans Pacific Partnership (TPP, previously P4)

Accession of New Members to the Trans Pacific Economic Partnership Agreement
This is a free trade agreement negotiation for the accession of new members - the United States, Australia, Peru and Viet Nam (initially as an observer) to the Trans Pacific Strategic Economic Partnership Agreement (between Brunei Darussalam, Chile, New Zealand and Singapore). Accession to the Agreement is “on terms to be agreed”, and will include amendments to the text of the Agreement.

It is anticipated that the expanded Trans Pacific Strategic Economic Partnership Agreement will cover trade in goods, services and investment as well as rules supporting that trade (e.g. rules of origin, customs procedures, trade remedies), in addition to addressing non-tariff measures (such as intellectual property, government procurement, sanitary and phytosanitary issues and technical barriers to trade).

Lead agency:
Ministry of Foreign Affairs and Trade

Status:
Plurilateral. Negotiations commenced in March 2010. Two rounds have been held in 2011 (in Santiago and Singapore) and three further rounds are scheduled for 2011.

Particular interest to Maori and other groups:
As with other New Zealand Free Trade Agreements, New Zealand will seek specific provision whereby New Zealand maintains its rights to take measures including in fulfilment of its obligations under the Treaty of Waitangi.

Public submissions were sought in late 2008. Regular consultations have been held with business and other stakeholders through outreach visits. Negotiators continue to welcome input from interested groups. Further details, including a regular internet column are provided on the website of the Ministry of Foreign Affairs and Trade.

Legislation required:
Yes.

Contact:

Sarah Lovegrove
Policy Officer, Trans-Pacific Partnership
Trade Negotiations Division
Ministry of Foreign Affairs and Trade

Email: sarah.lovegrove@mfat.govt.nz
Ph: (04) 439 8607
Fax: (04) 439 8522


24. Investment Protocol to Australia New Zealand Closer Economic Relations Trade Agreement
Common name: Protocol to ANZCERTA

The objective of the Protocol is to reduce barriers to Trans-Tasman capital flows and progress the single market agenda.

Lead agency:
The Treasury

Status:
Bilateral. Protocol signed by Ministers in February 2011 and Parliamentary treaty examination process now complete. Advice being prepared on domestic implementation.

Website:
http://www.mfat.govt.nz/downloads/trade-agreement/australia/CER-investment-protocol-16-2-11.pdf

Particular interest to Maori and other groups:
Article 23 of the protocol reflects NewZealand’s position regarding international trade and investment agreements by including appropriate safeguards regarding Maori and the Crown’s obligations under the Treaty of Waitangi.NewZealand investors will have preferential treatment for the purposes on investing in Australian business assets, and vice versa.

Legislation required:
No. If yes, this may occur in July–September 2011.

Contact:

Toni Moyes
Analyst
International
The Treasury

Email: toni.moyes@treasury.govt.nz
Ph: (04) 917 6909
Fax: (04) 473 3447

 
25. New Zealand - Republic of Korea Free Trade Agreement

The negotiations towards a bilateral free trade agreement with the Republic of Korea cover a comprehensive range of trade-related issues. In addition to chapters that will address various institutional and legal matters, the FTA should include:

Lead agency:
Ministry of Foreign Affairs and Trade

Status:
Bilateral. The negotiations began in June 2009 and after four rounds of negotiations remain underway.

Particular interest to Maori and other groups:
As with other New Zealand Free Trade Agreements, New Zealand will seek a specific provision whereby New Zealand maintains its rights to take measures including in fulfilment of its obligations under the Treaty of Waitangi.

Public Submissions were invited in February 2009 before the launch of negotiations. Regular updates on negotiations are posted on the Ministry of Foreign Affairs and Trade’s website as well as an invitation for stakeholders to contact negotiators with any trade concerns they would like addressed in the FTA. Regular consultations are being held with business and other stakeholders. Negotiators welcome input from all interested groups.

Legislation required:
Not yet clear.

Contact:
Brody Sinclair
Coordinator, New Zealand - Korea FTA
Trade Negotiations Division
Ministry of Foreign Affairs and Trade

Email: ftk@mfat.govt.nz
Ph: (04) 439 8345
Fax: (04) 439 8545


26. Pacific Agreement on Closer Economic Relations Plus
Common name: PACER Plus

Leaders, at the Pacific Islands Forum Meeting in Cairns in August 2009, have agreed to the commencement of negotiations on PACER Plus. PACER Plus is a proposed free trade and economic development agreement between New Zealand, Australia and the Forum Island Countries. PACER Plus is part of the commitment to a wider process of economic integration and trade liberalisation contained in the Pacific Agreement on Closer Economic Relations (PACER).

Consistent with the change in focus of our aid efforts in the Pacific, New Zealand’s objective in pursuing PACER Plus will be to ensure that the agreement promotes sustainable economic development in the Pacific, by assisting Pacific Island countries to capitalise on the potential for trade.

PACER Plus negotiations are still at a preliminary stage, but New Zealand’s vision for PACER Plus is an agreement that will equip Pacific Island countries better to withstand external shocks, to raise standards of living, to increase jobs and export capacity in the region and to address the significant trade imbalance that currently exists between the Pacific and New Zealand. The agreement must also be flexible and take account of individual countries’ circumstances, sizes and stages of development.

Lead agency:
Ministry of Foreign Affairs and Trade

Status:
Multilateral. PACER Plus negotiations continue, the most recent round of talks was held in the first quarter of 2011. The main issues discussed were rules of origin (ROO), customs procedures, labour mobility and trade facilitation. The talks build on two PACER Plus meetings and the consultations on ROO and customs procedures held in 2010. The next meeting is expected to be held in November 2011.

Particular interest to Maori and other groups:
It is not envisaged that there will be any impact on Maori interests. Where appropriate, we will consult Maori in developing NewZealand’s negotiating mandate for PACER Plus. As with other NewZealand trade agreements, NewZealand will seek a specific provision whereby NewZealand maintains its rights to take measures including in fulfilment of its obligations under the Treaty of Waitangi.

There is likely to be interest from business groups with links to the Pacific. Pacific community groups may also have an interest in the negotiations given the people to people links NewZealand has with the Pacific.The Ministry of Foreign Affairs and Trade has called for public submissions and will where necessary engage directly with stakeholders (Pacific business councils, community groups and NGOs) in order to help determine NewZealand’s national priorities for PACER Plus.

Legislation required:
Not yet clear.

Contact:
Matthew Aileone
Regional Trade Policy Officer
Pacific Division
Ministry of Foreign Affairs and Trade

Email: matthew.aileone@mfat.govt.nz
Ph: (04) 439 8782
Fax: (04) 439 8856

 
27. New Zealand - India Free Trade Agreement/Comprehensive Economic Cooperation Agreement
Common name: New Zealand India FTA

New Zealand and India undertook a Joint Study into the feasibility of an FTA or CECA (Comprehensive Economic Cooperation Agreement) in 2007-2008. That study recommended that the parties proceed to launch FTA negotiations. The New Zealand Cabinet approved this in March 2009 and the Indian Government did so in February 2010. Negotiations at this stage include:

New Zealand seeks also to include the following subjects in the agreement:

Lead agency:
Ministry of Foreign Affairs and Trade

Status:
Bilateral. Negotiations are progressing steadily. The first round of negotiations was held in April 2010 in Wellington. There have been four subsequent rounds (August 2010, New Delhi and October 2010, Wellington, and March 2011, New Delhi and June 2011, New Delhi). The next round is scheduled for August 2011.

Particular interest to Maori and other groups:
As with other NewZealand Free Trade Agreements, NewZealand will seek a specific provision whereby NewZealand maintains its rights to take measures including in fulfilment of its obligations under the Treaty of Waitangi. Maori interests in agriculture, forestry and fisheries are likely to benefit from tariff elimination in areas of export interest. The potential for these negotiations has been discussed with representatives from the Federation of Maori Authorities. Contact will be maintained with FOMA and other Maori bodies identified as having a likely interest in the negotiations.Public submissions were invited in March 2009 following announcement of agreement in principle to commence negotiations, subject to completion of each partner’s requisite approval processes. Following agreement in January 2010 to the formal commencement of negotiations, a further invitation for public submissions was made. Regular updates on the negotiations are posted on the Ministry of Foreign Affairs and Trade’s website as well as an invitation for stakeholders to contact negotiators with any trade concerns that they would like addressed in the FTA. Regular consultations are being held with business and other stakeholders. Negotiators welcome input from all interested groups.

Legislation required:
Yes.

Contact:
Joanne Dow
FTA Coordinator
Free Trade Agreements Unit, Trade Negotiations Division
Ministry of Foreign Affairs and Trade

Email: Joanne.Dow@mfat.govt.nz
Ph: (04) 439 8084
Fax: (04) 439 8511

 

28. New Zealand - Russia/Belarus/Kazakstan Free Trade Agreement

In November 2010, NewZealand, Russia, and its Customs Union partners Belarus and Kazakhstan agreed to commence negotiations on a comprehensive and modern Free Trade Agreement (FTA), to be completed by the end of 2011.

Negotiations cover a wide range of trade-related issues, similar to other FTAs that NewZealand has negotiated. At this stage, it is expected that these will include trade in goods, services and investment as well as rules supporting that trade (e.g. rules of origin, customs procedures etc.), in addition to addressing non-tariff measures (such as intellectual property, government procurement, sanitary and phytosanitary issues and technical barriers to trade).

Lead agency:
Ministry of Foreign Affairs and Trade

Status:
Plurilateral. Plurilateral negotiations with the Russia/Belarus/ Kazakhstan Customs Union. The negotiations began in November 2010 and after two rounds of negotiations (February and April) remain underway. A third Round of negotiations is expected to be held in June.

Negotiations are progressing well and are on track to conclude by the end of 2011.

Particular interest to Maori and other groups:
As with other NewZealand Free Trade Agreements, NewZealand will seek a specific provision whereby NewZealand maintains its rights to take measures including in fulfilment of its obligations under the Treaty of Waitangi. Public submissions were invited in December 2010. Regular updates on negotiations are posted on the Ministry of Foreign Affairs and Trade’s website as well as an invitation for stakeholders to contact negotiators with any trade concerns they would like addressed in the FTA. Regular consultations are being held with business and other stakeholders. Negotiators welcome input from all interested groups.

Legislation required:
Not yet clear.

Contact:
David Lilly
Coordinator, New Zealand - Russia/Belarus/Kazakstan FTA
Trade Negotiations Division
Ministry of Foreign Affairs and Trade

Email: david.lilly@mfat.govt.nz
Ph: (04) 439 8611
Fax: (04) 439 8522

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Page last updated: Wednesday, 21 December 2011 14:06 NZDT