ORGANISATION MONDIALE  
DU COMMERCE  S/DCS/W/NZL 
24 janvier 2003 
 (03-0499) 
Commerce des services Original:   anglais 
 
 
 
 
NOUVELLE-ZÉLANDE 
 
Projet de version codifiée de la Liste d'engagements spécifiques1 
 
 
 On trouvera ci-joint un projet de version codifi ée de la Liste d'engagements spécifiques de la 
Nouvelle-Zélande en format Word.  Ce document ne remplace pas les engagements juridiquement 
contraignants souscrits par la Nouvelle-Zéla nde dans sa Liste d'engagements spécifiques 
(GATS/SC/62; GATS/SC/62/Suppl.1; GATS/SC/62/Suppl.2). 
  Est joint au projet de liste codifiée la Liste d'exemptions de l'article  II (NPF) de la Nouvelle-
Zélande (GATS/EL/62) en format Word.  
 Le projet de version codifiée de la liste et la Liste d'exemptions de l'obligation NPF ont été 
établis par le Secrétariat, à la demande des Memb res, pour faciliter le processus de négociation, y 
compris la présentation des offres initiales.  
_______________ 
 
                                                           
1 Le présent document a été établi, en anglais seulemen t, par le Secrétariat sous sa propre responsabilité 
et sans préjudice des positions des Membres ni de le urs droits et obligations dans le cadre de l'OMC.  
 S/DCS/W/NZL 
Page 2 NEW ZEALAND – SCHEDULE OF SPECIFIC COMMTIMENTS1 
 
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  
  
  S/DCS/W/NZL
 Page 3Modes 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 periods of initial 
 stay up to a maximum of three years: 
   
  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; 
  
  
 S/DCS/W/NZL 
Page 4 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 
 B.  Specialist and/or senior personnel , as 
 intra-corporate transf erees, for periods of 
 an initial stay up to a maximum of 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 periods of stay up to a 
 maximum of three years: 
  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; 
  
  
  S/DCS/W/NZL
 Page 5Modes 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. 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: 
  
 
  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 negotiating for the sale of  
 services or entering into agreements to  
 sell services 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.   
 S/DCS/W/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 
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. 
  
 
 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.   
  S/DCS/W/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 
 
(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. 2) None 
 
4) Unbound except as indicated in the  horizontal section.  
(i) Veterinary services 
 (CPC 9320) 
 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. 
   
 
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 feasibility.   
 S/DCS/W/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 
(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.  
  
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. 
  
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. 
   
  S/DCS/W/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 
(f) Services Incidental to 
 agriculture, hunting and  forestry 
    
 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.    
 S/DCS/W/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 
 Services incidental to 
 forestry and logging  (CPC 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.   
(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.   
 
(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.  
2. COMMUNICATION 
 SERVICES 
    
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  
                                                           
 * Unbound due to lack of  technical feasibility.   
  S/DCS/W/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 
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**)    
(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.  
   
 S/DCS/W/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 
(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 
   
  S/DCS/W/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 
 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* 
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. 
   
 
B. General Construction  
 Work for Civil  
 Engineering  
 (CPC 513) 
 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. 
  
C. Installation and Assembly  
 Work  (CPC 514, CPC 
 516)  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.   
 S/DCS/W/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 
D. Building Completion and  
 Finishing Work  
 (CPC 517) 
 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.  
  
E. Other  
    
 Site preparation: new 
 construction (other than 
 pipelines) (CPC 511)  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. 
   
 
 Maintenance and repair of 
 fixed structures 
 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. 
  
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. 
  
                                                           
 * Unbound due to lack of technical feasibility.  
  S/DCS/W/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 
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.   
 
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. 
  
  
 S/DCS/W/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 
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. 
  
  S/DCS/W/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 
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. 
  
(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. 
   
 S/DCS/W/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) 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. 
  
 
(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) have 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. 
  
  
  S/DCS/W/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 
A. Banking and other  
 Financial Services  
 (excluding insurance)3 
    
(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**)    
                                                           
 3 As defined in paragraph 5(a)(v)-(xvi) of the Annex on Financial Services.  
 S/DCS/W/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 
(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**) 
    
(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)     
  S/DCS/W/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 
(h) Money broking 
 (CPC 81339**) (i) Asset management, such 
 as cash or portfolio 
 management; all forms of  collective investment 
 management, pension fund 
 man 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)  
     
(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)      
 S/DCS/W/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 
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. 
  
 
11. TRANSPORT SERVICES     
A. Maritime Transport  
 Services   General conditions applicable to all 
 maritime service sectors:  marketing and 
 sales of maritime transport 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.3) 
 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. 
   
  S/DCS/W/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 
 Maritime Auxiliary  
 Services  
    
 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. 
    
 
 Maritime freight 
 forwarding services (as  defined in Attachment 
 A.4) 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. Air Transport Services  
    
 Selling and marketing of 
 air transport services4 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 services5  
 (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 feasibility.  
 4 As defined in paragraph 6(b) of the Annex on Air Transport Services.  
 5 As defined in paragraph 6(c) of the Annex on Air Transport Services  
 S/DCS/W/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. 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. 
  
  S/DCS/W/NZL 
 Page 25 
 
 
 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 purposes of this schedule only, cabot age 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 pr ovision of business information. 
 
 S/DCS/W/NZL 
Page 26 
 
 
 ATTACHMENT B  
 
REFERENCE PAPER  
 Scope
 
 
The following are definitions and principl es 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 provide d 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
 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 the 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 
 
 (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.  
 
                                                           
 1 This applies only to suppliers of basic telecommunications services and not to end-users of such 
services.  
 2 This definition of "essential facilities" will be a pplied only to the extent consistent with New 
Zealand's competition policy regime, which regulates the activities of "dominant suppliers".   S/DCS/W/NZL 
 Page 27 
 
 
 2. Interconnection  
 
2.1 This section applies to linking with suppli ers providing public telecommunications transport 
 networks or services in order to allow the user s of one supplier to communicate with users of 
 another supplier and  to access services provi ded by another supplier, where specific 
 commitments are undertaken. 
 
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 unbu ndled 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 interconnection 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. 
  
 
   S/DCS/W/NZL 
Page 28 
 
 
 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 regard ed 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 a nd the procedures used by regulators shall be 
impartial with respect to all market participants. 
 
6. Allocation and use of scarce resources  
 
Any procedures3 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 frequenc ies allocated for specific government uses is not 
required  
_______________ 
                                                           
 3 Such procedures may be administered by means of a variety of mechanisms, including laws  and 
regulations, public tendering process and consultative processes.  
  S/DCS/W/NZL
 Page 29NEW 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) 
 The supply of services by 
officers on New Zealand ships is 
limited to citizens with requisite 
qualifications, 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 w ith reciprocal access to Co-P roduction Agreement signed w ith Third Countries/Parties.  
 S/DCS/W/NZL 
Page 30 
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 experience 
 
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 work experience 
 
 
__________