New Zealand is currently party to more than 1,600 treaties, as well as many others that are not yet in force.
A treaty is an international agreement between countries or international entities (eg the United Nations, World Trade Organisation, or World Bank) that's legally binding under international law.
In New Zealand, the power to enter into or withdraw from a treaty sits with the Executive (in practice this is the Prime Minister and Cabinet). However, multilateral treaties and major bilateral treaties of 'particular significance' are also presented to the House of Representatives for select committee consideration.
Treaties are often referred to as ‘agreements’ or 'conventions' . The actual term ‘treaty’ is usually reserved for treaties of political significance, such as those relating to an alliance or friendship.
All the treaties that New Zealand is party to are publicly available on New Zealand Treaties Online (external link). MFAT manages this site in keeping with our responsbilities for maintaining records of all treaties that New Zealand is party to (or in the process of becoming a party to).
It's the official record of New Zealand's existing, binding international treaty obligations and current treaty negotiations. It also includes all of New Zealand’s treaty obligations going back to the 1800s, including many that have now ended but are of value historically or as context for treaties that have succeeded them.
MFAT is the depositary for nine multilateral treaties. We maintain the official original text of each treaty and manage associated correspondence with treaty parties. This includes receiving ratifications, accessions or withdrawals.
- Convention on the Regulation of Antarctic Mineral Resource Activities
- Convention for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC)
- Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific
- Protocol I to the Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific
- Protocol II to the Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific
- Multilateral Agreement on the Liberalisation of International Air Transportation (MALIAT)
- Protocol to the Multilateral Agreement on the Liberalisation of International Air Transportation
- Trans-Pacific Strategic Economic Partnership (TPSEP or P4)
- Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (SPRFMO)
- Trans-Pacific Partnership Agreement (TPP)
If you have any queries about treaties, email us at email@example.com
MFAT's Legal Division oversees the process by which our Government enters into or withdraws from treaties. We advise the Government and its agencies, we undertake negotiations that lead to treaties being established or changed.
Here's an overview of the treaty-making process for multilateral treaties and major bilateral treaties of particular significance:
- Negotiation: New Zealand officials participate in international negotiations resulting in the text of an agreement being finalised.
- National Interest Analysis: the lead government agency prepares a Cabinet paper and a National Interest Analysis (NIA), which sets out the advantages and disadvantages for New Zealand of becoming a party to the agreement or deciding to withdraw.
- Signing: Cabinet approves the final text of the agreement – giving authority to sign the agreement – and also approves the NIA. At this stage, the treaty is agreed but not yet legally binding.
- Presentation: MFAT presents the treaty and its corresponding NIA to the House of Representatives.
- Consideration: a select committee considers the treaty and the NIA. The committee has 15 sitting days in which to report back to the House. If it has recommendations to Government, a Government response to these must be tabled within 90 days of the report.
- Ratification: formal documents are exchanged with the other countries or organisations involved, to bring the treaty into force for New Zealand. These documents confirm domestic procedures have been completed and that the treaty is now in force.
The Foreign Affairs Minister decides whether a bilateral treaty is a ‘major bilateral treaty of particular significance’. If it isn't, the Minister will approve a ‘bilateral treaty waiver’. This gives the Executive authority to become party to the agreement without involving the House of Representatives and select committee.
For detailed information, see the International Treaty Making Guide (external link)