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Treaties and International Law

International Treaties List as at January 2010

Trade

23. Malaysia – New Zealand Free Trade Agreement

Negotiations on the Malaysia-New Zealand Free Trade Agreement (MNZFTA) were substantively concluded on 30 May 2009 and the MNZFTA was signed on 26 October 2009.

The MNZFTA represents a high quality and comprehensive Agreement that builds on the commitments already secured from Malaysia in the context of the Agreement establishing the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA).

The bilateral FTA with Malaysia will broaden and deepen the trade and economic relationship between Malaysia and New Zealand by creating the conditions for greater flows of goods and services and higher levels of investment through the reduction and removal of bilateral barriers and improved cooperation.

Lead agency:
Ministry of Foreign Affairs and Trade

Status:

Bilateral. Negotiations commenced in May 2005 but were suspended in April 2006. In May 2008, Malaysian and New Zealand Trade Ministers agreed to resume negotiations following the completion of the AANZFTA. Since then four further negotiating rounds were held before negotiations were substantively concluded on 30 May 2009.

The Agreement was signed by the respective Trade Ministers, and witnessed by the Malaysian and New Zealand Prime Ministers, on 26 October 2009. Upon signature, full details of the FTA were made public via the MFAT website.

Particular interest to Maori and other groups:

As with other New Zealand FTAs, New Zealand has secured specific provision whereby New Zealand maintains its rights to take measures including in fulfilment of its obligations under the Treaty of Waitangi. Maori were consulted during the negotiation process. They will be further consulted as part of the general public and stakeholder consultations during the implementation phase of this Agreement.

Public submissions were invited in October 2004 in anticipation of the launch of FTA negotiations. Regular updates on negotiations are posted on the Ministry of Foreign Affairs and Trade’s website as well as an invitation to stakeholders to contact negotiators with any trade concerns they would like addressed in the FTA. Extensive general and specific dialogue had also been undertaken with firms and interest groups around the country during the negotiations phase. Ongoing consultation will continue during the implementation phase as relevant Government agencies, led by MFAT and NZTE, will seek to assist businesses leverage the opportunities from the FTA.

Legislation required:
Yes.  The relevant legislation will be introduced to the House in the first half of 2010

Contact:
Peter Fa’afiu
Implementer, Malaysia – New Zealand Free Trade Agreement
Ministry of Foreign Affairs and Trade
peter.faafiu@mfat.govt.nz
Ph (04) 439 8860      Fax (04) 439 8873

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24. Malaysia - New Zealand Agreement on Environmental Cooperation (Environment Agreement)

In conjunction with the Malaysia-New Zealand Free Trade Agreement (MNZFTA) negotiations, New Zealand and Malaysia concluded a bilateral agreement on Environmental Cooperation. Negotiations on the Environment Agreement were substantively concluded on 29 May 2009 and the Agreement was signed via correspondence (by Malaysia on 26 October 2009 and by New Zealand on 1 October 2009).

The Environment Agreement supports the objective of harmonising and ensuring the mutual supportiveness of trade and environment. It will provide opportunities for enhanced capacity in Malaysia and New Zealand for improved environmental management and may assist in further promoting trade in goods and services that benefit the environment.

Lead agency:

Ministry for the Environment and Ministry of Foreign Affairs and Trade

Status:

Bilateral. The Environment Agreement was signed by Malaysia on 26 October 2009 and by New Zealand on 1 October 2009. Upon signature, full details of the Environment Agreement were made public via the MFAT website.

Particular interest to Maori and other groups:

Maori were consulted during the negotiation process. They will be further consulted as part of the general public and stakeholder consultations during the implementation phase of this Agreement.

Ongoing consultation with key stakeholders, led by the Ministry for the Environment, will continue during the implementation phase.

Legislation required:

No.

Contact:
Brett Longley
Principal Advisor
International Relations
Ministry of the Environment
brett.longley@mfe.govt.nz
Ph (04) 439 7603      Fax (04) 439 7700


25. Malaysia - New Zealand Agreement on Labour Cooperation (Labour Agreement)

In conjunction with the Malaysia-NZ Free Trade Agreement (MNZFTA) negotiations, New Zealand and Malaysia concluded a bilateral agreement on Labour Cooperation.  Negotiations on the Labour Agreement were substantively concluded on 29 May 2009 and the Agreement was signed on 8 October 2009.

The Labour Agreement provides opportunities for greater collaboration between Malaysia and New Zealand in the area of labour and trade.  The Agreement establishes a cooperation programme and provides an opportunity for officials and the private sector to further enhance the bilateral relationship in this area.

Lead agency:

Department of Labour and Ministry of Foreign Affairs and Trade

Status:

Bilateral. The Labour Agreement was signed by the respective Labour Ministers on 8 October. Upon signature, full details of the Labour Agreement were made public via the MFAT website.

Particular interest to Maori and other groups:
Maori were consulted during the negotiation process.  They will be further consulted as part of the general public and stakeholder consultations during the implementation phase of this Agreement.

Ongoing consultation with key stakeholders, led by the Department of Labour, will continue during the implementation phase.

Legislation required:

No.

Contact:

Michael Hobby
Principal Adviser
International Relations
Department of Labour
michael.hobby@dol.govt.nz
Ph (04) 915 4092      Fax (04) 471 0012

26. 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.  Negotiations are yet to commence (scheduled for 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
elizabeth.dixon@mfat.govt.nz
Ph (04) 439 8233      Fax (04) 439 8522


27. Agreement Between Hong Kong and New Zealand on a Closer Economic Partnership
Common name: NZ/HKC CEP

The objectives of Hong Kong and New Zealand in negotiating this Agreement are:

Lead agency:

Ministry of Foreign Affairs and Trade

Status:

Concluded. In April 2001, New Zealand announced its intention to negotiate a CEP agreement with Hong Kong. Five rounds of negotiations took place. The negotiations were suspended in 2002. The negotiations resumed in May 2009 and the fifth and final round of resumed negotiations took place from 9-10 November 2009.

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.  The consultation programme has included the Federation of Maori Authorities.

Consultations have been held with a range of business and other stakeholders. 

Legislation required:

Yes.  The timing of legislation related to the CEP is not yet clear and will depend on the agreed date for signature. It is likely, however, that the relevant legislation will be introduced to the House in mid-2010.

Contact:

Julian Ludbrook
Lead Negotiator
Ministry of Foreign Affairs and Trade
julian.ludbrook@mfat.govt.nz
Ph (04) 439 8097      Fax (04) 439 8522


28. Memorandum of Understanding on Labour Cooperation Between New Zealand and Hong Kong
Common name: MOU

In conjunction with the Free Trade Agreement concluded between New Zealand and Hong Kong both parties have also negotiated a Memorandum of Understanding on Labour Cooperation. The MOU provides a platform for New Zealand and Hong Kong to work together to encourage and support strong labour policies and practices, and enhance the cooperation and consultation on matters specific to labour cooperation. In order to promote these objectives, the Agreement seeks to promote:

Lead agency:

Department of Labour

Status:

Bilateral.  Negotiations on the MOU were concluded on 21 September 2009.

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

The Agreement intends to apply equally to all stakeholders, including Maori.  It makes provision to consult with members of its public and/or specific domestic non-government sectors regarding matters relating to the Agreement’s operation.

Legislation required:

No.

Contact:

Michael Hobby
Principal Advisor
International Division
Department of Labour
Michael.Hobby@dol.govt.nz
Ph (04) 915 4092      Fax (04) 471 0012

 
29. New Zealand - Hong Kong Environment Cooperation Agreement
Common name: ECA

The ECA establishes an environmental cooperation arrangement between New Zealand (implemented by the Ministry for the Environment) and Hong Kong China (implemented by the Dept of Environmental Protection). The objectives are to:

The main obligations are to give effect to four key commitments (Article 2); cooperate on mutually determined environmental issues (Article 3); appoint a contact point to facilitate communication, coordinate cooperation activities, and organize a meeting of the Parties within the first year following entry into force (Article 4); and in the event that any issue arises over the interpretation, implementation or application of the Agreement, the Parties will settle any differences through consultation and negotiation (Article 5). The Agreement will enter into force 60 days after the parties exchange written notification that any necessary domestic procedures have been completed or after such period as the Parties may agree in the written notification (Article 6).

Lead agency:

Ministry of Foreign Affairs and Trade

Status:

Bilateral. Negotiations on the Environment Cooperation Agreement were concluded on 21 September 2009.

Particular interest to Maori and other groups:

No impact on Maori interests is anticipated other than the potential for engagement in environmental cooperation activities.

Environmental cooperation activities can include other government departments and agencies (including local government) and non-government organisations such as research organisations, education organisations, and private sector companies. The involvement of stakeholders is decided on a case-by-case basis according to their capacity and capability to undertake cooperation activities mutually agreed between the Parties.

Legislation required:

No.

Contact:

Lesley Woudberg
Senior Policy Analyst
Policy Division
Ministry for the Environment
lesley.woudberg@mfe.govt.nz
Ph (04) 439 7649      Fax (04) 439 7704

30. 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. Efforts are currently being made to conclude an agreement on the methodology for trade liberalisation of agriculture and industrial goods by the end of 2010.

Particular interest to Maori and other groups:

To the extent that trade liberalisation has an impact on New Zealand export opportunities and export growth, Maori 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 Maori 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:

Mark Sinclair
Director
Trade Negotiations Division
Ministry of Foreign Affairs and Trade
mark.sinclair@mfat.govt.nz
Ph (04) 439 8296      Fax (04) 439 8522

 
31. World Wine Trade Group Agreement on Requirements for Wine Labelling

The aim of the Agreement is to facilitate trade among World Wine Trade Group (WWTG) members by reaching agreement on a set of core labelling requirements which will, if met, allow a wine producer to use an identical common wine label in each of the WWTG markets. New Zealand’s commitments are to accept imports of wine labelled in accordance with the provisions of the Agreement.

Lead agency:

Ministry of Foreign Affairs and Trade

Status:

Multilateral. New Zealand signed the Agreement on 23 January 2007, and is working towards ratification.

Website: International Trade Organisation [external link]

Particular interest to Maori:

There have been extensive consultations with New Zealand Winegrowers, the group representing the New Zealand wine industry.

Legislation required:
No. The Agreement can be accommodated within New Zealand’s current regulatory framework and practice.

Contact:

Mark Sinclair
Director
Trade Negotiations Division
Ministry of Foreign Affairs and Trade
mark.sinclair@mfat.govt.nz
Ph (04) 439 8296      Fax (04) 439 8522top of page

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

New Zealand 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$1.3 billion in the year to June 2009, an increase of 218% since 2000. The group now ranks as New Zealand’s seventh largest trading partner with bilateral trade worth $3.85 billion.

While New Zealand'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 New Zealand will now be undertaking legal and technical verification of the FTA documents and New Zealand 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. It is likely, however, that the relevant legislation will be introduced to the House in mid-2010.

Contact:

Sarah Lovegrove
Coordinator, NZ/GCC FTA
Ministry of Foreign Affairs and Trade
sarah.lovegrove@mfat.govt.nz
Ph (04) 439 8607      Fax (04) 439 8522

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

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

laurie.knight@med.govt.nz

Ph (04) 978 3801      Fax (04) 499 8508top of page
 
34. 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

Status:

Bilateral.  Negotiations commenced in February 2008 and are ongoing.

Particular interest to Maori and other groups:

No specific impact on Maori 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 coasts and facilitate trade.

Legislation required:

No.

Contact:

Tony Zohrab
Director
Market Access
New Zealand Food Safety Authority
Tony.Zohrab@nzfsa.govt.nz
Ph (04) 894 2500

 
35. 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. The first round of negotiations has not yet taken place.

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.

Regular consultations have been held with business and other stakeholders through outreach visits. Negotiators continue to welcome input from interested groups. Further details are provided on the website of the Ministry of Foreign Affairs and Trade.

Legislation required:

Yes

Contact:

Sarah Lovegrove
Trans Pacific Partnership Coordinator
Free Trade Agreement Unit
Ministry of Foreign Affairs and Trade
sarah.lovegrove@mfat.govt.nz
Ph (04) 439 8607      Fax (04) 439 8516


36. 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. Negotiations commenced 31 January 2006. Six rounds of negotiations have taken place.

Legislation required:
Not yet clear.

Contact:

Steve Cantwell
Principal Adviser
Tax Strategy
The Treasury
steve.cantwell@treasury.govt.nz
Ph (04) 971 6144      Fax (04) 473 3447


37. The Agreement Between the Government of New Zealand and the Government of Australia Establishing a System for the Development of Joint Food Standards (with Annexes)
Common name: The ‘Food Treaty’

The Food Treaty seeks to reduce unnecessary barriers to trade by adopting a joint trans-Tasman system for the development and promulgation of food standards. The objectives outlined in the Treaty are to: reduce unnecessary barriers to trade; adopt a joint system for the development and promulgation of food standards; provide for the timely development, adoption, and review of food standards appropriate for both member States; and to facilitate the sharing of information between the member States on matters relating to food.

Following a review of the Food Treaty in 2006, it was determined that some sections of the Treaty could be amended to operate even more effectively. A renegotiation of the Treaty has been undertaken to address these areas. The objectives of the amendments are to:

Lead agency:

New Zealand Food Safety Authority

Status:

Bilateral. Anticipated conclusion of negotiations in late 2009. Signing of the Treaty expected in mid 2010.

Website: New Zealand Food Safety Authority more [external link]

Legislation required:
Not yet clear.

Contact:

Carole Inkster
Director
Policy
New Zealand Food Safety Authority
carole.inkster@nzfsa.govt.nz
Ph (04) 894 2505      Fax (04) 894 2501


38. 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 are still in an early phase, with two rounds of negotiations held in June and September 2009. A third negotiating round took place 14-18 December 2009 in Seoul.

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:
Alana Hudson
Senior Policy Officer
Free Trade Agreement Unit
Ministry of Foreign Affairs and Trade
alana.hudson@mfat.govt.nz
Ph (04) 439 8345      Fax (04) 439 8545


39. 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 are at a preliminary stage. Leaders agreed in August to launch negotiations and Forum Trade Ministers met in October 2009 to discuss a negotiations framework. The next officials’ level meeting is expected in the first quarter of 2010.

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 New Zealand’s negotiating mandate for PACER Plus. As with other New Zealand 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.

The Ministry of Foreign Affairs and Trade has called for public submissions and will engage directly with stakeholders (Pacific business councils, community groups and NGOs) in order to help determine New Zealand’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
matthew.aileone@mfat.govt.nz
Ph (04) 439 8782      Fax (04) 439 8856

 

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Page last updated: Tuesday, 05 January 2010 16:45 NZDT