RESTRICTED  WORLD TRADE  
ORGANIZATION  TN/S/O/NZL 
31 March 2003 
 (03-1855) 
Council for Trade in Services 
Special Session Original:   English 
 
 
 
NEW ZEALAND 
 
Initial Conditional Offer  
   The following initial conditional offer has been  received from the delegation of New Zealand 
on 31 March with the request that it be circulated  to Members of the Council for Trade in Services. 
 
_______________  
 
Introduction 
 
In accordance with paragraph 6 of the Doha Ministerial Conference decision regarding the 
timetable for the submission of initial conditional offers in r esumed services negotiations under 
Article XIX of the GATS, New Zealand attaches its  initial conditional offer of specific commitments 
on services. This cover sheet should be regarded as fo rming an integral part of New Zealand’s initial 
conditional offer.   
 
New Zealand’s overall approach to the WTO services negotiations under the GATS, and to 
the preparation of this offer, has been undertaken on the basis that Article I.3 allows for a government 
to provide, regulate or fund (including through subs idisation) public services such as public education, 
public health and social welfare services, in th e manner it determines best meets broader policy 
objectives.  In this respect, such services should not  be subjected to the sa me disciplines as private 
services with purely commercial objectives.      
 
New Zealand has put forward this offer as an  indication of its commitment to making a 
significant contribution to a substantially improved multilateral regime governi ng the conduct of trade 
in services.  Taken together with New Zealand’ s already high quality commitments made in the 
Uruguay Round and extended negotiations on basic telecommunications and financial services, this 
represents an important contribution by New Zealand.   New Zealand looks to others to match this 
level of commitment in the offers submitted in this  – and other areas of the current round of market 
access negotiations.  
This offer is conditional and New Zealand r eserves the right to amend, supplement or 
withdraw this offer, in whole or in part, depending on its assessment of the ove rall balance of benefits 
obtaining in these resumed GATS negotiations, as well as the wider WTO negotiations contained 
within the single undertaking agreed at Doha.  Ne w Zealand further reserves the right to make any 
amendments or revisions of a technical nature.     Specific Commitments 
 
In addition to other sectors, New Zealand has in cluded offers on Postal and Courier Services, 
Air Transport Services and Maritime Services, consis tent with our belief that these important traded 
services should be the subject of commitments by  members under the GATS.  In these particular TN/S/O/NZL 
Page 2 
 
 
sectors, New Zealand will be looking to other WT O Members to make commensurate commitments if 
offers are to be confirmed.    
Postal and Courier Services
 
 
The offer by New Zealand reflects the degree of openness and competition delivered by New 
Zealand’s current regulatory environment.  In order to maintain this commitment New Zealand will be 
looking to other members to also make comprehe nsive commitments – either immediately, or on a 
phased basis as monopoly or exclusive service supp lier arrangements are reviewed.  New Zealand 
further reserves the right to assess the scope and cove rage of commitments offered by others, and to 
adjust its own offer accordingl y to ensure an appropriate balance of benefits.   
 
In accordance with GATS Article VIII on Mon opolies and Exclusive Services Suppliers, New 
Zealand will seek opportunities to further explore with bilateral partners or in  other appropriate fora 
the issue of the potential impact of cross-subsid isation in relation to domestic postal monopolies 
operating outside their monopoly in third markets.     Air Transport Services
 
 
As outlined in its negotiating proposal S/CSS/W/ 92, New Zealand believes that it is important 
for Members to increase the number and quantity of commitments in the air transport sector in the 
course of this negotiating Round.  Accordingly, New Zealand’s initial conditional offer includes 
further commitments in this important sector .  At the same time, New Zealand is seeking 
commensurate commitments from WTO members.    
Maritime Services
 
 
Under the Decision on Maritime Transport Serv ices, adopted by the Services Council on 28 
June 1996, it was agreed that in a future negotia ting round, negotiations in the sector would resume on 
the basis of existing offers.  New Zealand's existi ng conditional offer of July 1995, was 'frozen' when 
the 1996 negotiations failed.  In reinstating this offer, New Zealand is making an active contribution 
to the negotiation, with a view to a satisfactory out come to negotiations on maritime transport services 
that delivers meaningful commitments. In the absence of an outcome on maritime services New 
Zealand judges delivers such commitments, New Zealand will wish to consider modifying or withdrawing its offer.    
 
Movement of Natural Persons
 
 
New Zealand has offered improvements to its existing commitments on Movement of Natural 
Persons, in recognition of the significance attached  by developing Members to more substantial  
commitments on Mode 4 supply amongst the Membersh ip, and the significance of Mode 4 provision 
to small and medium sized exporte rs.   New Zealand is willing to  engage in further discussion 
bilaterally or in other appropriate fora with a view  to encouraging greater consideration of the issues 
relevant to this important mode of supply.   
 
Technical Issues 
 
Classification issues  
 
As far as possible, New Zealand has scheduled its commitments on the basis of the Services 
Sectoral Classification List document MTN.GNS/W/120, and corresponding definitions from the Provisional Central Product Classification List or CPC.  In certain sectors – particularly postal and 
environmental services - New Zealand has drawn on proposals made by Members to better reflect 
current commercial realities.  New Zealand may decide  to alter or further refine classifications on the  TN/S/O/NZL 
 Page 3 
 
 
basis of further analysis or any relevant deve lopments in discussion in the Committee on Specific 
Commitments or other appropriate fora of these sectoral definitions.    Technical feasibility
 
 
New Zealand has previously raised the questi on of technical feasibility as one for further 
discussion in the Committee on Specific Commitments .  This reflects a concern that differing 
perceptions among Members on the technical feasibility of the supply of certain services via the cross-
border mode of delivery is impeding the taking of commitments that can provide reasonable certainty 
to services suppliers in these areas of the market access conditions applying.  Moreover, changes in 
technology are making cross-border delivery feasible for a greater range of services than previously considered possible.  With this in mind, New Z ealand has requested that bilateral partners make 
Mode 1 commitments in several sectors where techni cal feasibility questions have been raised.  The 
commitment sought from trading partners is a pos itive statement covering those aspects of the service 
which can feasibly be provided cross- border, such as consultancy services.   
 
Scheduling 
 
 
New Zealand has drawn on the Revision of th e Guidelines for the Scheduling of Specific 
Commitments contained in document S/L/92 in sche duling the new and revised commitments in its 
initial offer.   
 
Article II Exemptions 
 
New Zealand has examined the list of five Artic le II exemptions taken out during the Uruguay 
Round (GATS/EL/62), as part of the regular review  of MFN Exemptions envisaged under the Annex 
on Article II Exemptions, as well as in response to requests received from trading partners.  This 
review has concluded that New Zealand is in a position to remove two of its listed MFN exemptions (those covering the Tuvalu and Kiribati work schem es which have now been superseded) forthwith.  
New Zealand is further willing to consider re moving its MFN exemption on maritime transport 
services on condition that other WTO members ma intaining MFN exemptions in the maritime 
transport services sector agree to remove these and a successful outcome to negotiations on maritime 
transport services that delivers meaningful commitment s, as well as the full application of MFN in the 
sector, is secured.  
Recognition 
 
In its requests to negotiating partners in these resumed services negotiations, New Zealand 
has signalled its interest in work on advancing the recognition of professional qualifications and 
registration.  New Zealand takes an active interest  in the work of the Working Party on Domestic 
Regulation in this regard.  New Zealand is also interested in exploring opportunities for discussion 
with bilateral partners or in other appropriate fo ra which demonstrate that New Zealand qualifications 
and registration systems are able to meet a ppropriate technical standards and professional 
requirements, as envisaged in GATS Article VII.  
New Zealand welcomes the opportunity to discuss or clarify any issues arising from its initial 
offer.  Questions may be directed to the Ne w Zealand Permanent Mission to the World Trade 
Organisation in Geneva, or to the Trade Negotiations  Division of the Ministry of Foreign Affairs and 
Trade in Wellington.  TN/S/O/NZL 
Page 4 
 
 
The New Zealand Permanent Mission to the World Trade Organisation  
2 Chemin des Fins, 1218 Gr and Saconnex, Geneva  
PO Box 334 CH-1211, Geneva 19 
Telephone: 41 22 929 0350 
Facsimile:  41 22 929 0374   E-mail: mission.nz@itu.ch Contact person
:  
 
David Evans, Second Secretary 
E-mail: david.evans@mfat.govt.nz DDI: 41 22 929 0356  The Ministry of Foreign Affairs and Trade
 
PO Box 18 901 
Wellington, New Zealand 
Telephone: 64 4 494 8500 Facsimile: 64 4 494 8518 E-mail: tnd@mft.govt.nz  
Contact person
:  
 Clare Fearnley, Senior Services Negotiator, Trade Negotiations Division E-mail: clare.fearnley@mfat.govt.nz DDI: 64 4 439 8396  
 
 
 
_______________  
   TN/S/O/NZL
 Page 5NEW ZEALAND – SCHEDULE OF SPECIFIC COMMITMENTS1 
 
Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
I. HORIZONTAL COMMITMENTS 
ALL SECTORS INCLUDED 
IN THIS SCHEDULE   3) Under the Overseas Investment Regulations, 
 1985, issued under the Overseas Investment 
 Act 1973, Overseas Investment Commission  approval is required for the following 
 investments by an "overseas person":
2 
  
  (a) acquisition or control of 25 per cent or more 
 of the shares or vo ting power in a company 
 where either the consideration of transfer or 
 the value of the assets of the company  exceeds  $NZ10 million; 
   
  (b) the establishment of new business in New 
 Zealand where the total expenditure in setting 
 up the business exceeds $NZ10 million; 
  
  (c) the acquisition of the assets of the business 
 where the total consideration paid or payable 
 for the assets exceeds $NZ10 million; 
  
  (d) the issue or allotmen t of shares where the 25 
 per cent threshold has already been exceeded 
 or will be exceeded as a result of the issue 
 and where the total consideration paid or  payable exceeds $NZ10 million.   
                                                           
 1 See Attachment A.1 
 2 See Attachment A.2  
  TN/S/O/NZL 
Page 6 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 
  
  OIC consent is required, regardless of the 
 dollar value of the investment, for acquisition  of rural land.  Approval is also required  under 
 the Land Settlement Promotion and Land 
 Acquisition Act  for the purchase of some  classes of land. 
 
 Unbound for enterprises currently in State  ownership 
  
 4) Unbound except fo r measures concerning 
 the entry and temporary stay of natural  persons of another Member, employed by 
 a service supplier of another Member that 
 supplies services within New Zealand  through a commercial presence, falling  within 
 the following categories; 
 4) Unbound except for m easures concerning the 
 categories of natural persons referred to in  the market access column. 
 
 A. Executives and senior managers;  as intra- 
 corporate transferees, for a periods  of initial 
 stay up to a maximum of three years , plus a 
 further period of stay up to a maximum of  
 three years, providing the need for the   worker still exists:
 
   
  Executives and senior managers,  being 
 natural persons who are senior employees 
 of an organisation, who have been 
 employed by that organisation for at least  twelve months prior to their proposed 
 transfer to New Zealand, and who are 
 responsible for the entire or a substantial   part of an organisation's operations in 
 New Zealand, receiving general 
 supervision or direction principally from  higher level executives, the board of 
 directors or stockholders of the business; 
  
   TN/S/O/NZL
 Page 7Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 B. Specialist and/or senior personnel , as 
 intra-corporate transferees, for  a periods  of an
 initial stay up to a maximum of  three years, 
 plus a further period of stay up to a 
 maximum of three years, providing the 
 need for the worker still exists twelve 
 months : 
  
  
  Specialist and/or senior personnel , being 
 natural persons being transferred to  
 undertake a specific or specialist task at a 
 senior level within the company;  this  may include, for example, short-term  
 specialist development projects;  or the  
 establishment in New Zealand of a   commercial presence of a service supplier 
 with its head of operations in the territory 
 of another Member and not having any  other commercial presence in New 
 Zealand; 
  
 
 C. Specialist personnel , subject to labour  
 market tests,  as intra-corporate 
 transferees, for a period of initial 
 stay up to a maximum of three years, plus a 
 further period of stay up to a maximum of   three years, providing the need for the  
 worker still exists.  Specialist personnel in  
 occupations included in the New Zealand   Immigration Servi ce’s Occupational  
 Shortages List
3 will not be subject to a  
 labour market test.  Specialist personnel in   occupations not included in the  
 Occupational Shortages List will be subject  
 to a labour market test :  
  
 
                                                           
3 The New Zealand Immigration Service Occupation al Shortages List  is subject  to periodic  review,  and may be revised or amended  at any time .  TN/S/O/NZL 
Page 8 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 Specialist personnel  being natural persons 
 with trade, technical or professional skills  who are responsible for or employed in a 
 particular aspect of an organisation's 
 operations in New Zealand.  Skills are  assessed in terms of the applicant's 
 employment experience, qualifications, 
 and suitability for the position;   
 
 D. Installers and servicers,  as intra-corporate 
 transferees, for periods not exceeding 
 three months in any twelve month period:  
 Installers and servicers
 being natural 
 persons who are installers and servicers  of machinery and/or equipment, where 
 such installation and/or servicing by the 
 supplying company is a condition of  purchase of the said machinery or 
 equipment; 
  
 
 E. Service sellers , as business visitors; for a 
 period or periods not exceeding in  aggregate three months in any calendar 
 year: 
  
   TN/S/O/NZL
 Page 9Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
  Service sellers  being natural persons who 
 are representatives of a service supplier of  another Member, whether or not that 
 service supplier has a commercial 
 presence in New Zealand, and are seeking  temporary entry to New Zealand for the 
 purpose of establishing a commercial  
 presence in New Zealand;   negotiating for  
 the sale of  
 services or entering into  
 agreements to sell serv ices for that service  
 supplier, where those representatives will not  be engaged in making direct sales to the 
 general public. 
   
 
   
 Unbound in cases of  labour/management 
 disputes.  
1)2)Unbound for current and future measures at 
3)4) the central and sub-central levels according 
 more favourable treatment to any Maori  person or organisation,  in relation to the 
 acquisition, establishment or operation of any 
 commercial or industrial undertaking.  
I. SECTOR SPECIFIC COMMITMENTS 
 
1. BUSINESS SERVICES    
A. Professional Services  
    
(a) Legal Services 
  Practice of New Zealand 
 law (CPC 861) 
   
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
  
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
  
  TN/S/O/NZL 
Page 10 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 Provision of advice on 
 international law  (CPC 861) 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.  1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.   
(b) Accounting, auditing and 
 book-keeping services 
 (CPC 862) 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
  
(c) Taxation services 
 
 Tax preparation   (CPC 86302, CPC 86303) 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
  
(d) Architectural services 
 (CPC 8671) 1) None 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section. 1) None 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section.  
 
(e) Engineering services 
 (CPC 8672)   
1) None 
  
 
 2) None 
3) None 
4) Unbound except as indicated in the  horizontal section.  
1)3)Certification of certain works involving
 
&4) health and safety is limited to Registered  
 Engineers, who to become registered must be  
 ordinarily resident in New Zealand.  
1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 
   
(f) Integrated Engineering 
 Services 
 (CPC 8673) 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section.    TN/S/O/NZL
 Page 11Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 
(g) Consultancy related to  Urban Planning & 
 Landscape Architecture 
 (CPC 8674**)  
1) None 2) None 
3) None 
4) Unbound except as indicated in the  horizontal section.   
1) None 2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 
  
(i) Veterinary services 
 (CPC 9320)  1) Unbound*
 None  
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.  1) Unbound*
 None  
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.    
 
B. Computer and Related  
 Services  
    
(a) Consultancy services 
 related to the installation  of computer hardware 
 (CPC 841) 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section. 
 
  
(b) Software implementation 
 services 
 (CPC 842) 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
  
(c) Data processing services 
 (CPC 843) 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
  
                                                           
 * Unbound due to lack of technical fe asibility.   TN/S/O/NZL 
Page 12 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(d) Data base services 
 (CPC 844)  1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.  1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.  
  
 Maintenance and Repair  
 of office machinery and       equipment including   
 computers 
 (CPC 845)  1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.  1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.   
(e) Other Computer Services 
 (CPC 849)  1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.  1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.   
D. Real Estate Services  
    
(a) Involving own or leased 
 property  (CPC 821) 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.  1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.   
 
(b) On a fee or contract basis  (CPC 822)  1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.  1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.     TN/S/O/NZL
 Page 13Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
E. Rental/Leasing of  
 Equipment without Crew  
    
 Transport and non 
 transport (CPC 8310) 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section.  
F. Other Business Services  
    
(a) Advertising services 
 (CPC 871) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 
  
(c) Management consulting 
services (CPC 865) 1) None 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section.  
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section.  
  
(d) Services related to 
Management consulting 
(CPC 866) 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section.  
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section.  
  
(f) Services incidental to 
 agriculture, hunting and 
 forestry 
 (CPC 8811, 8812, 8813,  
 8814) 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
   TN/S/O/NZL 
Page 14 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 Services incidental to  
 agriculture  
 (CPC 8811 ) 1) None  
2) None  
3) None  
4) Unbound except as indicated in the  
 horizontal section.  
 1) None  
2) None  
3) None  
4) Unbound except as indicated in the  
 horizontal section.  
  
 Services incidental to   
 animal husbandry  
 (CPC 8812)  
 1) None  
2) None  
3) The Herd Testing Regulations under the  
 Dairy Board Act 1961 restrict the  
 provision of herd testing services to  
 providers licensed by the NZ Dairy  
 Board.  The number of licences  may be  
 limited.  
4) Unbound except as indicated in the  
 horizontal section.  
 1) None  
2) None  
3) None  
 
 
  
 
4)
 Unbound except as indicated in the  
 horizontal section.  
  
 Services incidental to  
 hunting (CPC 8813)  
 1) None  
2) None  
3) None  
4) Unbound except  as indicated in the  
 horizontal section.  1) None  
2) None  
3) None  
4) Unbound except as indicated in the  
 horizontal section.  
  
 Services incidental to  
 forestry and logging  
 (CPC 8814)  1) None  
2) None  
3) None  
4) Unbound except as indicated in the  
 horizon tal section.  1) None  
2) None  
3) None  
4) Unbound except as indicated in the  
 horizontal section.  
  
(k) Placement and supply  
 services of Personnel 
 (CPC 872)  1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
    TN/S/O/NZL
 Page 15Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(o) Cleaning of buildings and 
 similar activities  (CPC 874) 
 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.  1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.   
 
(p) Photographic Services 
 (CPC 875)  1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
  
(s) Convention services 
 (CPC 87909*) 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
  
(t) Other 
    
(t) Credit reporting services 
 (CPC 87901)  1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section.  
 The Privacy Act 1993 
establishes New 
Zealand’s regulatory framework for the 
treatment of  personal 
information, in general accordance with the 
Recommendation of the 
Council of the OECD Concerning Guidelines 
Governing the Protection 
of Privacy and Transborder Flows of 
Personal Data. 
 
                                                           
* Unbound due to lack of technical feasibility.   TN/S/O/NZL 
Page 16 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(t) Collection agency services 
 (CPC 87902)   1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.  
  
(t) Translation services 
 (CPC 87905**) 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section.  
(t) Interior Design Services 
(87907**) 1) None 
2) None 
3) None 4) Unbound except as indicated in horizontal 
section 
 1) None 
2) None 
3) None 4) Unbound except as indicated in horizontal 
section  
2. COMMUNICATION 
 SERVICES 
    
A & B.  Postal and Courier 
Services 
(CPC 7511 and 7512) 
Services relating to the handling1 
of postal items2 whether for 
domestic or foreign destinations:  
A. Handling of addressed written communications on any kind of 
physical medium
3, including: 
-Hybrid mail services 
-Direct mail 
B. Handling of addressed parcels 
& packages4 
 1)3) Additional conditions for operation in the 
 market or de-registration may be imposed  on postal operators where these engage in 
 anti-competitive behaviour.   
2) None 4) Unbound except as indicated in the 
 horizontal section.    
 1)3) UPU designation is reserved for a New 
 Zealand operator under the Postal Services  Act 1998.   The issue of stamps bearing the 
 words “New Zealand “ is restricted under 
 the Act to UPU designated operators, except  where these words form part of the name of 
 the operator issuing the stamps.  
2) None 4) Unbound except as indicated in the 
 horizontal section.   
 Universal service 
obligations applying to postal operators will be 
administered in a 
transparent manner.   TN/S/O/NZL
 Page 17Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
C. Handling of addressed press 
products5 
D. Handling of items referred to 
in A. to C. Above as registered or 
insured mail. 
E. Express delivery services6 for 
items referred to in A. To C. 
Above.     
F. Handling of non-addressed 
items. 
G. Document exchange. 
H. Other services not elsewhere 
specified, including post office 
counter services (CPC75113).        
1The term “hand ling” should be 
taken to include clearance, 
sorting, transport and delivery. 
2“Postal item” refers to items 
handled by any type of 
commercial operator, whether 
public or private. 
3E.g. letter, postcards.     
4Books, catalogues are included 
hereunder. 
5Journals, newspapers, 
periodicals. 
6Express delivery services may  
include, in addition to greater  
speed and reliability, value added  
elements such as collection from  
point of origin, personal delivery  
to addressee, tracing and  
tracking, possibility of changing  
the destination and addressee in  
transit, confirmation of receipt. 
     TN/S/O/NZL 
Page 18 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
C. Telecommunication  
 Services  
    
(a) Voice telephone services 
 (CPC 7521) 
(b) Packet-switched data  transmission services 
 (CPC 7523**) 
(c) Circuit-switched data  transmission services  
 (CPC 7523**) 1) None 
2) None 
3) None  
 
  
 
 1) None 2) None 
3) None, other than:  The Articles of  Association of the Telecom Corporation of 
 New Zealand Limited limit the shareholding 
 by any single overseas entity to 49.9%.  At  least half of Board directors are required to 
 be New Zealand citizens. The principles set forth in 
the attached reference 
paper are incorporated in this schedule to the extent 
they are commitments 
additional to the obligations flowing from 
Part I and II, Article 
XXVIII and the Annex on Telecommunications of the  
d) Telex services 
 (CPC 7523**) (e) Telegraph services  
 (CPC 7522) 
(f) Facsimile services   (CPC 7521**, CPC 
 7529**) 
(g) Private leased circuit 
 services (CPC 7522**, 
 CPC 7523**) 4) Unbound except as indicated in the 
 horizontal section. 4) Unbound except as indicated in the 
 horizontal section. General Agreement on 
Trade in Services in respect of the Article XVI 
and XVII commitments on 
telecommunication services contained herein. 
 
(o) Other 
 Paging services   (CPC 75291) 
 Teleconferencing services 
 (CPC 75292)  Personal Communications 
 Services (CPC 75213*) 
 Cellular services (CPC  75213*) 
 Trunked radio system 
 services (CPC 7523**,  CPC 75213*) 
 Mobile data services  
 (CPC 7523**)      TN/S/O/NZL
 Page 19Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(h) Electronic mail  
 (CPC 7523**) (i) Voice mail  
 (CPC 7523**) 
(j) On-line information and  data-base retrieval  
 (CPC 7523**) 
(k) Electronic data interchange  (EDI) (CPC 7523**) 
(l) Enhanced/value-added 
 facsimile services   (CPC 7523**) 1) None 
2) None 3) None 
 
  
 
 4) Unbound except as indicated in the 
 horizontal section. 
  1) None 
2) None 3) The Articles of Association of the Telecom 
 Corporation of New Zealand Limited limit 
 the shareholding by any single overseas  entity to 49.9 per cent.  At least half of Board 
 directors are required to be New Zealand 
 citizens. 4) Unbound except as indicated in the 
 horizontal section. 
   
(m) Code and protocol 
 conversion 
(n) On-line information and/or 
 data processing 
 (CPC 843**) 
    
D. Audiovisual Services  
    
 Production, distribution, 
 exhibition and 
 broadcasting of  audiovisual works 
 (CPC 9611-9613,  
 CPC 96192**,CPC 7524,   CPC 753) 1) None 1), The Broadcasting Commission is directed by 
3) the Government, pursuant to the 
 Broadcasting Act 1989, to allocate a  minimum of 6 per cent of its budget to Maori  
 programming.  From 1995 all public funding 
 for Maori broadcasting will be controlled by  Te Reo Whakapuaki Irirangi (Maori 
 Broadcasting Funding Agency).  
  
 
 
  
 
 2) None 
3) None  Government assistance to the film industry 
 through the New Zealand Film Commission 
 is limited to New Zealand films as defined in 
 Section 18 of the New Zealand Film  Commission Act 1978. 
 
 2) None 
   TN/S/O/NZL 
Page 20 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 4) The New Zealand Immigration Service 
 policy, based on the Immigration Act  1987 and the Immigration Regulations 
 1991 stipulate a special procedure for the 
 granting of visas to entertainers,  performing artists and associated support 
 personnel for work purposes.  To be 
 eligible for a work visa or work permit,  such applicants must come within the 
 policy guidelines ag reed to between the 
 Minister of Immigration, independent  promoters, agents or producers and the 
 relevant performing artists' unions.  
 Otherwise, unbound except as indicated  in the horizontal section. 
 4) Unbound except as indicated in the 
 horizontal section.  
  
3. CONSTRUCTION AND 
 RELATED  ENGINEERING 
 SERVICES    
A. General Construction  
 Work for Buildings  
 (CPC 512, CPC 515)  1)
 Unbound*  
1) None for consultancy services 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section.  1)
 Unbound*  
1) None for consultancy services 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section.    
 
B. General Construction  
 Work for Civil  
 Engineering  
 (CPC 513) 
 1) Unbound*  
1) None for consultancy services   
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 
 1)
 Unbound*  
1) None for consultancy services   
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 
  
                                                           
 * Unbound due to lack of  technicak feasibility.    TN/S/O/NZL
 Page 21Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
C. Installation and Assembly  
 Work  (CPC 514, CPC 
 516) 
 1) Unbound*   
1) None for consultancy services 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 1)
 Unbound*   
1) None for consultancy services 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section.  
D. Building Completion and  
 Finishing Work  
 (CPC 517)  1)
 Unbound*  
1)    None for consultancy services 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section.  1)
 Unbound*  
1) None for consultancy services 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section.  
  
E. Other  
    
 Site preparation: new 
 construction (other than  pipelines) (CPC 511) 
 1)
 Unbound*  
1) None for consultancy services 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section. 
 1) Unbound*  
1) None for consultancy services 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section. 
   
 
 Maintenance and repair of 
 fixed structures 
 1) Unbound*  
1) None for consultancy services 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section. 
 1) Unbound*  
1) None for consultancy services 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section. 
  
                                                           
* Unbound due to lack of technical feasibility.   TN/S/O/NZL 
Page 22 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 Renting Services related 
to Equipment for Construction or 
Demolition of Buildings 
or Civil Engineering, with Operator  
       (CPC 518) 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section . 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section. 
  
4. DISTRIBUTION 
 SERVICES 
    
A. Commission Agents'  
 Services  (CPC 6211, 
 excluding CPC 62111, 
 CPC 62112, and such  services relating to CPC 
 2613-2615)  
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 
  
 
B. Wholesale Trade   
 (CPC 622, excluding CPC 
 6221, CPC 6222 and such 
 services relating to CPC 
 2613-2615) 
 
 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section.  1) None 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section.   
C. Retail Trade 
 (CPC 631, CPC 632, CPC 
 6111, CPC 6113 and CPC  6121) 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
  
   TN/S/O/NZL
 Page 23Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
5. EDUCATION SERVICES 
   Primary, Secondary, and 
 Tertiary education in 
 private institutions   (CPC 921, CPC 922,  
 CPC 923) 
  
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
  
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
  
 
6.  ENVIRONMENTAL            SERVICES 
    
Consultancy related to the 
provision of the following  
environmental services: 
(CPC940**)  
A: Waste water management ; 
-     Sewage Services 
 
B : Solid/hazardous waste   
management; 
-     Refuse disposal services;  
-     Sanitation and similar 
services ; 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section.  
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 
  
C: Protection of ambient air & 
climate; 
-    Services to reduce exhaust 
gases     and other emissions and 
improve air quality ; 
 
D: Remediation & cleanup of soil 
& water; 
-   Treatment, remediation of 
contaminated / polluted soil and 
water; 
     TN/S/O/NZL 
Page 24 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
E: Noise & vibration abatement; 
-    Noise abatement services  
 
F: Protection of biodiversity & 
landscape; 
-   Nature and landscape 
protection services ; 
 
G: Other environmental & 
ancillary services; 
-   Other environmental 
protection services not classified 
elsewhere. 
    
7. FINANCIAL SERVICES 
 
1. New Zealand undertakes its specific commi tments on Financial Services in accordance with the provisions of the "Understandin g on Commitments in Financial 
 Services in accordance with the provisio ns of the "Understanding on Commitments in Financial Services" (the Understanding) 
 
2. These commitments on financial services are subject to the general limitations contained in the "Horizontal Commitments" sec tion of New Zealand's GATS Schedule. 
 
3. Market access and national treatment commit ments in Modes (1) and (2) are bound to th e extent of the oblig ations in paragrap hs B.3 and B.4 of the Understanding. 
 
4. The admission to the market of new financial services or products may be subject to the existence of, and consistency with, a regulatory framework  aimed at achieving 
 the objectives indicated in Article 2( a) of the Financial Services Annex. 
 
5. Mode 3 commitments are subject to the provisions of the Financial Reporting Act 1993 and the Companies Act 1993.  These requ ire overseas companies to prepare 
 financial statements on an annual basis comprising a balance sheet, a profit and loss statement and (if required by an applica ble financial reporting standard approved 
 by the Accounting Standards Review Board) a statement of cash flows.  The Acts also require such financial statements in relat ion to an overseas company's New 
 Zealand business.  The Acts require the following companies to deliver annual audited financial statements to the Registrar of  Companies for registration:  (a) issuers 
 (i.e. those which have raised investment from the public);  (b) overseas companies;  (c) subsidiaries of companies or bodies c orporate incorporat ed outside New 
 Zealand;  (d) companies in which 25 per cent or more of the shares are held or controlled by :  (i) a subsidiary of a company of body corporate incorporated outside 
 New Zealand or a subsidiary of that subsidiary;  (ii) a compan y or body corporate outside New Z ealand;  or (iii) a person not ordinarily resident in New Zealand. 
 
A. Insurance and  
 Insurance- related services  
 
(a) Life insurance services  (CPC 8121) 
  
 
 
3) None 4) Unbound except as indicated in the 
 horizontal section.  
 
 
3) None 4) Unbound except as indicated in the 
 horizontal section.    TN/S/O/NZL
 Page 25Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(b) Non-life insurance services 
 (CPC 8129) 1), The Accident Rehabilitation and 
3) Compensation Insurance Act 1992  provides for compulsory worker's  
 compensation insurance via levies on 
 vehicle owners, employers, employees  and  the self-employed.   
 The Act is administered by the Accident 
 Rehabilitation and Compensation  Insurance Corporation. 
 3) None 
 
 1), The Earthquake Commission is the sole 
3) insurer of residential property disaster  insurance for replacement cover up 
 toNZ$100,000 per dwelling and 
 NZ$20,000 on personal property.  These  amounts may be increased by regulation. 
  
 
 1),  Under the Apple and Pear Marketing Act  
3) 1971 the Apple and Pear Marketing  
 Board has the power to organise  
 compulsory hail insurance on behalf of  
 growers and to require growers to pay a  
 levy to recover the premium amount of  
 this insurance.  
   
 1),2)Unbound for marketing and sales  
3) related to products covered under CPC 01, 
 02, 211, 213-216, 22, 2399 and 261. 
4) Unbound except as indicated in the   horizontal section.  
 
 
4) Unbound except as indicated in the  horizontal section. 
  
(c) Reinsurance and 
 retrocession (CPC 81299) 
 3) None 
4) Unbound except as indicated in the 
 horizontal section. 
 3) None 
4) Unbound except as indicated in the 
 horizontal section. 
  
  TN/S/O/NZL 
Page 26 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(d) Insurance intermediation, 
 such as brokerage and   agency services (CPC 
 8140**) 
 1), The Accident Rehabilitation and  
3) Compensation Insurance Act 1992  provides for compulsory worker's 
 compensation insurance via levies on 
 vehicle owners, employers, employees  and  the self-employed.  The Act is  administered 
 by the Accident Rehabilitation and 
 Compensation Insurance Corporation.  3) None 
 4) Unbound except as indicated in the 
 horizontal section  
 1), Under the Apple and Pear Marketing Act  
3) 1971 and  the Wheat Producers Levy Act  
 1987 (or regulations enacted under the  Commodities Levy Act 1990),  the
 
 respective bodies (the Apple and Pear  
 Marketing Board and  United 
 Wheat growers (NZ) Ltd) ha s ve the power 
 to organise compulsory disaster insurance 
 on behalf of growers and to require them  to pay a levy to recover the premium 
 amount of this insurance. 
   
 1),2)Unbound for loss of products covered 
3) under CPC 01, 02, 211, 213-216, 22,  2399 and 261. 
4) Unbound except as indicated in the 
 horizontal section.   
  
4) Unbound except as indicated in the 
 horizontal section.  
(e) Services Auxiliary to 
  Insurance, such as   consultancy, actuarial, risk 
 assessment and claim 
 settlement services (CPC  8140**) 
 3) None 
4) Unbound except as indicated in the  horizontal section. 
 3) None 
4) Unbound except as indicated in the  horizontal section. 
  
   TN/S/O/NZL
 Page 27Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
A.B Banking and other  
 Financial Services  
 (excluding insurance)4 
    
(a) Acceptance of deposits 
 and other repayable funds  from the public (CPC 
 81115-81119) 
 (b) Lending of all types, 
 including consumer credit, 
 mortgage, credit, factoring  and financing of 
 commercial transactions 
 (CPC 8113)  3) None 
4) Unbound except as indicated in the  horizontal section. 3) None 
4) Unbound except as indicated in the  horizontal section.  
(c) Financial leasing  
 (CPC 8112)  
(d) All payment and money 
 transmission services, 
 including credit, charge 
 and debit cards, travellers   cheques and bankers drafts  
 (CPC 81339**) 
 (e) Guarantees and 
 commitments 
 (CPC 81199**)     
                                                           
 4 As defined in paragraph 5(a)(v)-(xvi) of the Annex on Financial Services.  TN/S/O/NZL 
Page 28 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(f) Trading for own account 
 or for account of  customers, whether on an 
 exchange, in an over-the 
 counter market or  otherwise, the following: 
 
(i) money market instruments  (cheques, bills, certificates 
 of deposits etc) (CPC 
 81339**)  
(ii) foreign exchange 
 (CPC 81333)     
(iii) derivative products 
 including, but not limited 
 to, futures and options  (CPC 81339**) 
 
(iv) exchange rates and interest 
 rate instruments, including 
 products such as swaps,  forward rate agreements 
 etc (CPC 81339**) 
    
(v) transferable securities  
 (CPC 81321) 
 (vi) other negotiable 
 instruments and financial 
 assets, including bullion  (CPC 81339**) 
      TN/S/O/NZL
 Page 29Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(g) Participation in issues of 
 all kinds of securities,  including underwriting and 
 placement as agent  
 (whether publicly or  privately) and provision of 
 services related to such 
 issues (CPC 8132)     
(h) Money broking 
 (CPC 81339**) 
 (i) Asset management, such 
 as cash or portfolio 
 management; all forms of  collective investment 
 management, pension fund 
 management, custodial, depository and trust 
 services (CPC 8119**, 
 81323*) 
    
(j) Settlement and clearing 
 services for financial  
 assets, including securities, 
 derivative products, and  other negotiable 
 instruments (CPC 81339**, 
 81319**)     
(k) Provision and transfer of 
 financial information, and  financial data 
 processing and related 
 software by providers of  other financial services 
 (CPC 8131)  
      TN/S/O/NZL 
Page 30 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(l) Advisory, intermediation, 
 and other auxiliary  financial services on all the 
 activities listed in (a) to (k) 
 above, including credit  reference and analysis, 
 investment and portfolio 
 research and advice,  advice on acquisitions and 
 on corporate restructuring
  and strategy (CPC 8131,  8133) 
    
9. TOURISM AND 
 TRAVEL RELATED  SERVICES 
    
A. Hotels and Restaurants  
 (CPC 641-643) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
 section. 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
 section. 
  
 
B./ Travel Agencies, Tour  
C. Guides and Tour Operator 
 Services   
 (7471, 7472) 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
 section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
 section. 
  
   TN/S/O/NZL
 Page 31Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
11. TRANSPORT SERVICES 
    
A. Maritime Transport  
 Services  
 
  General conditions applicable to all 
 maritime service sectors:  marketing and 
 sales of maritime transport and related 
 services for products covered under CPC 01,  
 02, 211, 213-216, 22, 2399 and 261;   
 unbound. 
   
 International Transport 
 (freight and passengers) 
 (CPC 7211 and CPC 7212  less cabotage-as defined in 
 Attachment A .53
) 
 1) None 
2) None 
3) Unbound for establishment of registered 
 company for the purpose of operating a  fleet 
 under the New Zealand flag.  
4) Unbound for ships crews.  Otherwise 
 unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) Unbound as described in the market access  column. 
 
4) Unbound except as indicated in the  horizontal section. 
 (1, 3) See Attachment A.3 
 
  
 
  
Where not otherwise 
made available to international maritime 
transport  suppliers 
pursuant to Article 
XXVIII(a)(ii), no 
measures shall be applied which deny reasonable 
and non-discriminatory 
access to the following port services: 
   - Pilotage 
- Towing and tug assistance 
- Provisioning, fuelling 
and watering - Garbage collecting and 
ballast waste disposal 
- Port captain’s services   TN/S/O/NZL 
Page 32 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
   - Navigation aids 
- Emergency repair facilities 
- Anchorage 
- Berth and berthing services 
- Other shore-based 
operational services essential to ship 
operations, including 
communications, water and electrical supplies. 
 Maritime Auxiliary  
 Services  
    
 Maritime Cargo-handing 
 Services (as defined in  
 Attachment A.6)  1) Unbound* except for no limitation on 
 transhipment (board to board or via the 
 quay) and/or use of onboard cargo handing  equipment. 
2) None 
3) None 
4) Unbound except as indicated in the  
 horizontal section  1) Unbound* except for no limitation on 
 transhipment (board to board or via the 
 quay) and/or use of onboard cargo handing  equipment 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section  
 Storage and warehousing 
 services  (CPC 742) 
 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.  1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.    
 
 Customs Clearance  
 Services (as defined in   Attachment A.7) 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section  
                                                           
 * Unbound due to lack of  technical feasibility.    TN/S/O/NZL
 Page 33Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 Container Station and  
 Depot Services (as defined   in Attachment A.8) 
 1) Unbound
* 
2) None 3) None 
4)  Unbound except as indicated in the 
 horizontal section 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section  
 Maritime Agency Services 
  (as defined in  
 Attachment A.9) 1) None 
2) None 
3) None 
4) Unbound except as indicate in the  horizontal section 1) None 
2) None 
3) None 
4) Unbound except as indicate in the horizontal  section 
  
 Maritime freight 
 forwarding services (as 
 defined in Attachment 
 A.  10) 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section. 
 
  
B. C. Air Transport Services  
    
 Selling and marketing of 
 air transport services5 1)2)Unbound for products covered under CPC 
&3) 01, 02, 211, 213-216, 22, 2399 and 261. 
4) Unbound except as indicated in the  horizontal section. 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
  
 Computer reservation 
 system services6  
 (CPC 7523**)  1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
  
                                                           
* * Unbound due to lack of technical fe asibility.  
 5 As defined in paragraph 6(b) of the Annex on Air Transport Services.  
 6 As defined in paragraph 6(c) of the Annex on Air Transport Services. 
 
  TN/S/O/NZL 
Page 34 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 Aircraft repair and  
 maintenance Services (as   defined in paragraph 6 (a)  
 of the Annex on Air  
 Transport Services) 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section  1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section  
 Airport Operation  
 Services  
 (CPC74610**, excl   Navigation aids)  
1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section   
1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section  
 Other supporting services   for air transport  (CPC 74690** excl fire  
 fighting and fire- 
 prevention services) 1) Unbound * 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section  1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section  
 Cargo and baggage   handling services 
 (CPC 741**) 
 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section 
 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section  
 Ramp handling services   (CPC 741**) 
 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in the  horizontal section  
 Airfreight Storage and   warehousing services  (CPC 742**) 1) Unbound * 
2) None 
3) None 
4) Unbound except as indicated in the 
 horizontal section 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section  
                                                           
*  * Unbound due to lack of technical feasibility. 
   TN/S/O/NZL
 Page 35Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 Airport management  
 services  1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section  1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section  
E. Rail Transport Service  
 (CPC 711) 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
   
F. Commercial Road  
 Transport Services  
 (passenger, goods, rental  
 and vehicle recovery ) 
 (712 except 71235)  1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.  1) None 
2) None 3) None 
4) Unbound except as indicated in the 
 horizontal section.  
  
G. Pipeline Transport  
 (CPC 713) 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the 
 horizontal section. 
  
  TN/S/O/NZL 
Page 36 
 
  
ATTACHMENT A 
  
NOTES TO THE SCHEDULE
 
 
 
1. Specific commitments in this schedule are pr epared in accordance with the Secretariat paper 
entitled "Scheduling of Initial Commitments on Trade in Services:  Explanatory Note" 
(MTN.GNS/W/164).  The classification of sectors in this schedule is based on the 1991 provisional Central Product Classification (CPC) of the United Nations Statistical Office, while the ordering 
reflects the classification system used by the Secretariat in MTN.GNS/W/120.  In the context of CPC 
listings in the schedule, the use of ** against individual CPC listings indicates that the service specified constitutes only part of the total range  of activities covered by the CPC concordance. 
  
Overseas Investment
 
 2. An “overseas person” is defined as an indivi dual not normally resident in New Zealand;  a 
company not incorporated in New Zealand;  a Ne w Zealand-incorporated company in which 25 per 
cent or more of any class of shares or 25 per cent or more of the voting power is held by overseas persons;  or a nominee of the overseas person, whether or not the nominee is himself/herself an 
overseas person. 
  Maritime Transport Services
 
 
3. Cabotage :  for pu rposes of this schedule only, cabotage is defined as the transportation of 
passengers or goods between a port located in New Zealand and another port located in New Zealand 
and traffic originating and terminating in  the same port located in New Zealand.  
 4
. Maritime Freight Forwarding Services :  the activity consisting of organising and monitoring 
shipment operations on behalf of shippers, through the acquisition of transport and related services, 
preparation of documentation and provision of business infor mation.  
 
3 Where road, rail, inland waterways and related auxiliary services are not otherwise 
fully covered in this schedule, a multimodal tran sport operator (as defined in definition 4 below) 
shall have the ability to rent or lease trucks, ra ilway carriages, or barges and related equipment, 
for the purpose of inland forwarding of cargoes,  or have access to, and use of, these forms of 
multimodal activities on reasonable and non- discriminatory terms and conditions for the 
purpose of carrying out multimodal transport operations.  4 Multimodal Transport Operator: the person on whose behalf the bill of 
lading/multimodal transport document, or any other document evidencing a contract of 
multimodal carriage of goods is issued and who is responsible for the carriage of goods pursuant 
to the contract of carriage.   5 Cabotage: for purposes of this schedule only, cabotage is defined as the transportation 
of passengers or goods between a port located in  New Zealand and another port located in New 
Zealand and traffic originating and terminating in the same port located in New Zealand.  
  TN/S/O/NZL 
 Page 37 
 
 
6 Maritime Cargo Handling Services: activi ties exercised by stevedoring companies, 
including terminal operators, but not including  the direct activities of dockers when this 
workforce is organised independently of the stev edoring or terminal operator companies.  The 
activities include the organisation and supervision of:  
- the loading/discharging of cargo to/from a ship; 
- the lashing/unlashing of cargo; 
- the reception/delivery and safekeeping of cargoes before shipment or after 
discharge. 
 7 Customs Clearance Services: activities consisting of carrying out on behalf of another party customs formalities concerning the import , export or through transport of cargoes, 
whether this service is the main activity of th e service provider or a usual complement of its 
main activity. 
 
8 Container Station and Depot Services: activities consisting of storing containers, whether in port or inland, with a view to thei r stuffing/stripping, repairing and making them 
available for shipments.   
 
9 Maritime Agency Services: activities consisting of representing as an agent, the business interests of one or more shipping lines, for the following purposes: 
 
- Marketing and sales of maritime transport and related services, from quotation to 
invoicing, and issuing bills of lading on behalf of the companies; acquisition and resale 
of the necessary related services, preparat ion of documentation, and provision of 
business information; 
- Acting on behalf of the companies organisin g the call of a ship or taking over cargoes 
when required. 
10 Maritime Freight Forwarding Services: th e activity consisting or organising and 
monitoring shipment operations on behalf of sh ippers, through the acquisition of transport and 
related services, preparation of documentation and provision of business information. 
 TN/S/O/NZL 
Page 38 
 
 
ATTACHMENT B  
 
REFERENCE PAPER  
 Scope
 
 
The following are definitions and principles on the regulatory framework for the basic 
telecommunications services1.   
 Definitions
 
 
Users  mean service consumers and service suppliers.   
 
Essential facilities2 mean facilities of a public telecommunications transport network or 
 service  that   (a) are exclusively or predominantly provided  by a single or limited number of suppliers; 
  and 
  (b) cannot feasibly be economically or technically substituted in order to provide a    service.  
A major supplier
3 is a supplier which has the ability to materially affect the terms of 
 participation (having regard to price and supply) in the relevant market for basic 
 telecommunications services as a result of:   (a) control over essential facilities;  or  
 (b) use of its position in the market. 
 1. Competitive safeguards
 
 1.1 Prevention of anti-competitive practices in telecommunications
 
 
Appropriate measures shall be maintained for th e purpose of preventing suppliers who, alone 
 or together, are a major supplier from engagi ng in or continuing anti-competitive practices. 
 1.2 Safeguards
 
 
The anti-competitive practices referred to above shall include in particular: 
  (a) engaging in anti-competitive cross-subsidization;     (b) using information obtained from comp etitors with anti-competitive results;  and 
 
                                                           
 1 This applies only to suppliers of basic telecomm unications services and not to end-users of such 
services.  
 2 This definition of "essential facilities" will be applied only to the extent consistent with New 
Zealand's competition polic y regime, which regulates the activities of "dominant suppliers".  
 3 The definition of “major supplier” will be interpreted consistently with New Zealand’s 
competition policy regime, which in pa rt regulates the activities of pers ons with a “substantial degree of 
power in a market”.   TN/S/O/NZL 
 Page 39 
 
 
 (c) not making available to other services suppliers on a timely basis technical 
 information about essential facilities and co mmercially relevant information which 
 are necessary for them to provide services.  
 2. Interconnection
 
 
2.1 This section applies to linking with supplie rs providing public telecommunications transport 
 networks or services in order to allow the users of one supplier to communicate with users of  another supplier and  to access services provided by another supplier.     2.2 Interconnection to be ensured
 
 
Interconnection with a major supplier will be ensu red at any technically feasible point in the 
 network.  Such interconnection is provided:   (a) under non-discriminatory terms, cond itions (including technical standards and 
 specifications) and rates and of a quality no less favourable than that provided for its 
 own like services or for like services of non-affiliated service suppliers or for its 
 subsidiaries or other affiliates; 
  (b) in a timely fashion, on terms, conditions (including technical standards and 
 specifications) and cost-oriented rates that are transparent, reasonable, having regard 
 to economic feasibility, and sufficiently unb undled so that the supplier need not pay 
 for network components or facilities that it does not require for the service to be 
 provided;  and 
  (c) upon request, at points in addition to th e network termination points offered to the 
 majority of users, subject to charges that reflect the cost of construction of necessary 
 additional facilities. 
 2.3 Public availability of the pro cedures for interconnection negotiations
 
 
The procedures applicable for interconnecti on to a major supplier will be made publicly 
 available. 
 
2.4 Transparency of interconnection arrangements  
 
It is ensured that a major supplier will make  publicly available either its interconnection 
 agreements or a reference interconnection offer. 
 
2.5 Interconnection:  dispute settlement  
 
A service supplier requesting interconnection with  a major supplier will have recourse, either: 
 
 (a) at any time or 
  (b) after a reasonable period of time which has been made publicly known  to an independent domestic body, which may be a regulatory body as referred to in paragraph 5 
below, to resolve disputes regarding appropriate te rms, conditions and rates for interconnection within 
a reasonable period of time, to the extent th at these have not been established previously. 
   TN/S/O/NZL 
Page 40 
 
 
3. Universal service  
 
Any Member has the right to define the kind of universal service obligation it wishes to 
maintain.  Such obligations will not be regarded as anti-competitive per se , provided they are 
administered in a transparent, non-discriminator y and competitively neutral manner and are not more 
burdensome than necessary for the kind of universal service defined by the Member.      
 
4. Public availability of licensing criteria  
 
Where a licence is required, the following will be made publicly available: 
  (a) all the licensing criteria and the period of  time normally required to reach a decision 
 concerning an application for a licence; and 
  (b) the terms and conditions of  individual licences.  
The reasons for the denial of a licence will be  made known to the applicant upon request. 
 
5. Independent regulators
 
 
The regulatory body is separate from, and not accountable to, any supplier of basic 
telecommunications services. The decisions of and the procedures used by regulators shall be impartial with respect to all market participants. 
 
6. Allocation and use of scarce resources
 
 
Any procedures4 for the allocation and use of scarce resources, including frequencies, 
numbers and rights of way, will be carried out in an objective, timely, transparent and non-
discriminatory manner.  The current state of allocated frequency bands will be made publicly 
available, but detailed identification of frequencie s allocated for specific government uses is not 
required.  
_______________ 
                                                           
 4 Such procedures may be administered by means of a variety of mechanisms, including laws  and 
regulations, public tendering process and consultative processes.   TN/S/O/NZL
 Page 41NEW ZEALAND – FINAL LIST OF ARTICLE II (MFN) EXEMPTIONS 
 
Sector or Subsector Description of measure 
indicating its inconsistency 
with Article II Countries to which the 
measure applies Intended duration Conditions creating the need for 
the exemption 
Audiovisual services 
 National treatment, in the form 
of access to finance and tax 
concessions and simplified requirements for the temporary 
entry of skilled personnel into  
New Zealand for the purposes of the coproduction of films and 
television programmes, is 
extended to audiovisual works covered under Film Co-
Production Agreements or 
Arrangements with the countries indicated in  
column 3 
 Canada*
∗, France*, United 
Kingdom* and any other 
country wher e cultural 
cooperation might be desirable 
and which is prepared to exchange preferential treatment 
on the terms and conditions 
specified in such arrangements 
or agreements. 
 Indefinite 
 To support the development of the 
New Zealand film industry for 
cultural reasons and to share benefits with others with similar policies . 
 
Interpretation services  More favourable entry 
conditions possible for nationals 
of countries listed in column (3) with requisite skills as 
interpreters for employment for 
up to two years in tourism-related industries. 
 Japan and other countries with 
whom such arrangements may 
be desirable.  Indefinite 
 New Zealand's Tourism Development 
Policies 
 
Maritime (passenger and 
freight)  
(See also cover sheet) 
 The supply of services by 
officers on New Zealand ships is 
limited to citizens with requisite 
qualifi cations, from either New 
Zealand or the countries listed in 
column 3  
 Eire, Hong Kong, United 
Kingdom, Canada, India, 
Malaysia, Singapore, Pakistan, 
South Africa  
 Indefinite  
 To promote local maritime 
recruitment and maintain maritime 
training standards  
 
                                                           
∗ These Agreements provide New Zealand with  reciprocal access to Co-Pr oduction Agreements signed with Third Countries/Parties.  TN/S/O/NZL 
Page 42 
Sector or Subsector Description of measure 
indicating its inconsistency 
with Article II Countries to which the 
measure applies Intended duration Conditions creating the need for 
the exemption 
All sectors  
 More favourable entry 
conditions possible for up to 20 
Nationals each year for 
employment purposes  
 Kiribati  
 Indefinite  
 New Zealand's Development 
Assistance policies aimed at 
providing income, job skills, on the 
job training and work experie nce 
 
All sectors  
 More favourable entry 
conditions possible for up to 80 
Nationals at any one time for 
employment purposes  
 Tuvalu  
 Indefinite  
 New Zealand's Development 
Assistance policies aimed at 
providing income, job skills, on the 
job training and wo rk experience  
 
 
__________