United Kingdom Free Trade Agreement Legislation Act
2022
Public Act  2022 No 59
Date of assent  15 November 2022
Commencement  see section 2
Contents
Page
1 Title 3
2 Commencement 3
Part 1
Amendment to Copyright Act 1994
3 Principal Act 3
4 Section 174B replaced (Consent required for making sound
recording available to public)3
174B Consent required to communicate or play sound
recording to public4
Part 2
Amendments to Dairy Industry Restructuring Act 2001
5 Principal Act 4
6 Section 5 amended (Interpretation) 4
7 Section 26 amended (Later allocation of export licences) 4
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers
under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
This Act is administered by the Ministry of Foreign Affairs and Trade.Version
as at 31 May 2023
18 New section 26A inserted (Commencement and expiry of UK
quotas)4
26A Commencement and expiry of UK quotas 4
9 Section 29H amended (Power to audit milk collection data) 5
10 Section 31 amended (Offences) 5
11 Schedule 5A amended 5
12 Schedule 5B amended 5
Part 3
Amendments to Overseas Investment Act 2005 and Overseas
Investment Regulations 2005
Subpart 1—Amendment to Overseas Investment Act 2005
13 Principal Act 6
14 Section 61A amended (Regulations regarding alternative monetary
thresholds for overseas investments in significant business assets)6
Subpart 2—Amendments to Overseas Investment Regulations
2005
15 Principal regulations 6
16 Regulation 84 amended (Introduction to Part 5) 7
17 Regulation 85 amended (Definitions) 7
18 Subpart 2 heading in Part 5 replaced 7
Subpart 2 —Implementation of free trade agreements
19 Regulation 88 amended (Introduction to subpart 2 and interaction
between regulations in Part 5)8
20 Schedule 1AA amended 8
Part 4
Amendments to Tariff Act 1988, Tariff, and Customs and
Excise Regulations 1996
Amendments to Tariff Act 1988
21 Principal Act 8
22 Section 15A amended (Interpretation) 8
23 Section 15H amended (Provisional transitional safeguard measure) 9
Amendments to Tariff
24 Principal legislation 9
25 Note 2 amended 9
26 Note 3 amended 9
27 Footnotes amended 9
28 Section XVI amended 9
29 Part II Concessions amended 9
Amendments to Customs and Excise Regulations 1996
30 Principal regulations 10United Kingdom Free Trade Agreement Legislation Act
2022Version as at
31 May 2023
231 Regulation 42 and cross-heading revoked 10
32 New regulations 51ZZK and 51ZZL and cross-heading inserted 10
Provisions relating to UK FTA parties
51ZZK Interpretation 10
51ZZL Originating goods 10
Schedule
New Part 9 inserted into Schedule 1AA of Overseas Investment
Regulations 200511
The Parliament of New Zealand enacts as follows:
 
1 Title
This Act is the United Kingdom Free Trade Agreement Legislation Act 2022.
2 Commencement
(1) This Act comes into force on a date appointed by the Governor-General by
Order in Council.
(2) An order made under this section is secondary legislation ( see Part 3 of the
Legislation Act 2019 for publication requirements).
Legislation Act 2019 requirements for secondary legislation made under this section
Publication PCO must publish it on the legislation website and notify
it in the GazetteLA19 s 69(1)(c)
Presentation The Minister must present it to the House of
RepresentativesLA19 s 114
Disallowance It may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.
Section 2(1): this Act brought into force, on 31 May 2023, by clause 2 of the United Kingdom Free
Trade Agreement Legislation Act Commencement Order 2023 (SL 2023/108).
Part 1
Amendment to Copyright Act 1994
3 Principal Act
This Part amends the Copyright Act 1994.
4 Section 174B replaced (Consent required for making sound recording
available to public)
Replace section 174B with:Version as at
31 May 2023United Kingdom Free Trade Agreement Legislation Act
2022 Part 1 s 4
3174B Consent required to communicate or play sound recording to public
A performer’s rights are infringed by a person who, without the performer’s
consent, and by means of a recording, —
(a) communicates to the public the whole or a substantial part of a perform‐
ance; or
(b) plays in public the whole or a substantial part of a performance.
Part 2
Amendments to Dairy Industry Restructuring Act 2001
5 Principal Act
This Part amends the Dairy Industry Restructuring Act 2001.
6 Section 5 amended (Interpretation)
In section 5(1), definition of quota year , paragraph (a), replace “and the Domi‐
nican Republic” with “the Dominican Republic, and the United Kingdom”.
7 Section 26 amended (Later allocation of export licences)
After section 26(1)(d), insert:
(e) any rights in respect of the United Kingdom listed in Schedule 5A  that
become available at the expiry of any other allocations.
8 New section 26A inserted (Commencement and expiry of UK quotas)
After section 26, insert:
26A Commencement and expiry of UK quotas
(1) If the UK FTA first comes into force on a day other than 1 January in any year,
a transitional tariff rate quota must be applied in that year on a pro rata basis.
(2) If a UK WTO tariff quota first becomes available under this Act on a day other
than 1 January in any year, the tariff quota must be applied in that year on a pro
rata basis.
(3) Despite anything to the contrary in section 26, a transitional tariff rate quota
expires at the end of the last day of the fourth year after the year in which the
UK FTA comes into force.
(4) In this section, —
transitional tariff rate quota  means a UK transitional tariff rate quota listed
in Schedule 5A
UK FTA  means the Free Trade Agreement between New Zealand and the Uni‐
ted Kingdom of Great Britain and Northern Ireland, done at London on 28 Feb‐
ruary 2022
UK WTO tariff quota  means a UK WTO tariff quota listed in Schedule 5A.Part 2 s 5United Kingdom Free Trade Agreement Legislation Act
2022Version as at
31 May 2023
49 Section 29H amended (Power to audit milk collection data)
(1) In the heading to section 29H, after “ milk ”, insert “ solids ”.
(2) In section 29H(1), after “milk”, insert “solids”.
10 Section 31 amended (Offences)
In section 31(3), after “milk”, insert “solids”.
11 Schedule 5A amended
In Schedule 5A, after the item relating to the Dominican Republic, insert:
UK WTO tariff quotas
United Kingdom Butter Destined for import into the United Kingdom
under the World Trade Organization tariff quota
for butter of New Zealand origin, as provided for
in the United Kingdom’s Customs (Tariff
Quotas) (EU Exit) Regulations 2020, including
any amendment or any successor to those
regulations.
United Kingdom Cheddar cheese Destined for import into the United Kingdom
under the World Trade Organization tariff quota
for cheddar cheese of New Zealand origin, as
provided for in the United Kingdom’s Customs
(Tariff Quotas) (EU Exit) Regulations 2020,
including any amendment or any successor to
those regulations.
United Kingdom Cheese for
processingDestined for import into the United Kingdom
under the World Trade Organization tariff quota
for cheese for processing of New Zealand origin,
as provided for in the United Kingdom’s
Customs (Tariff Quotas) (EU Exit) Regulations
2020, including any amendment or any successor
to those regulations.
UK transitional tariff rate quotas
United Kingdom Butter Destined for import into the United Kingdom
under the transitional tariff rate quota for butter
of New Zealand origin, as provided for in TRQ-3
Butter, Part 2B-2, Annex 2A of the Free Trade
Agreement between the United Kingdom and
New Zealand, including any amendment or any
successor to that Annex.
United Kingdom Cheese Destined for import into the United Kingdom
under the transitional tariff rate quota for cheese
of New Zealand origin, as provided for in TRQ-4
Cheese, Part 2B-2, Annex 2A of the Free Trade
Agreement between the United Kingdom and
New Zealand, including any amendment or
successor to that Annex.
12 Schedule 5B amended
In Schedule 5B, clause 3, after “milk”, insert “solids”.Version as at
31 May 2023United Kingdom Free Trade Agreement Legislation Act
2022 Part 2 s 12
5Part 3
Amendments to Overseas Investment Act 2005 and Overseas
Investment Regulations 2005
Subpart 1—Amendment to Overseas Investment Act 2005
13 Principal Act
This subpart amends the Overseas Investment Act 2005.
14 Section 61A amended (Regulations regarding alternative monetary
thresholds for overseas investments in significant business assets)
Replace section 61A(1)(aaa) to (g) with:
(a) the Trans-Pacific Strategic Economic Partnership Agreement, done at
Wellington on 18 July 2005:
(b) the Free Trade Agreement between the Government of New Zealand and
the Government of the People’s Republic of China, done at Beijing on
7 April 2008:
(c) the New Zealand –Hong Kong, China Closer Economic Partnership
Agreement, done at Hong Kong on 29 March 2010:
(d) the Protocol on Investment to the New Zealand –Australia Closer Eco‐
nomic Relations Trade Agreement, done at Wellington on 16 February
2011:
(e) the Agreement between New Zealand and the Separate Customs Terri‐
tory of Taiwan, Penghu, Kinmen, and Matsu on Economic Cooperation,
done at Wellington on 10 July 2013:
(f) the Free Trade Agreement between New Zealand and the Republic of
Korea, done at Seoul on 23 March 2015:
(g) the Trans-Pacific Partnership Agreement, done at Auckland on 4 Febru‐
ary 2016:
(h) the Comprehensive and Progressive Agreement for Trans-Pacific Part‐
nership, done at Santiago on 8 March 2018:
(i) the Free Trade Agreement between New Zealand and the United King‐
dom of Great Britain and Northern Ireland, done at London on 28 Febru‐
ary 2022.
Subpart 2—Amendments to Overseas Investment Regulations 2005
15 Principal regulations
This subpart amends the Overseas Investment Regulations 2005.Part 3 s 13United Kingdom Free Trade Agreement Legislation Act
2022Version as at
31 May 2023
616 Regulation 84 amended (Introduction to Part 5)
Replace regulation 84(3)(a) to (f) with:
(a) the Trans-Pacific Strategic Economic Partnership Agreement, done at
Wellington on 18 July 2005 (the P4 Agreement ):
(b) the Free Trade Agreement between the Government of New Zealand and
the Government of the People’s Republic of China, done at Beijing on
7 April 2008 (the China FTA ):
(c) the New Zealand –Hong Kong, China Closer Economic Partnership
Agreement, done at Hong Kong on 29 March 2010 (the Hong Kong
CEP ):
(d) the Agreement between New Zealand and the Separate Customs Terri‐
tory of Taiwan, Penghu, Kinmen, and Matsu on Economic Cooperation,
done at Wellington on 10 July 2013 ( ANZTEC ):
(e) the Free Trade Agreement between New Zealand and the Republic of
Korea, done at Seoul on 23 March 2015 (the Korea FTA ):
(f) the Comprehensive and Progressive Agreement for Trans-Pacific Part‐
nership, done at Santiago on 8 March 2018 (the CPTPP Agreement ):
(g) the Free Trade Agreement between New Zealand and the United King‐
dom of Great Britain and Northern Ireland, done at London on 28 Febru‐
ary 2022 (the UK FTA ).
17 Regulation 85 amended (Definitions)
(1) In regulation 85(1), definition of type A enterprise , after paragraph (c), insert:
(d) the United Kingdom of Great Britain and Northern Ireland
(2) In regulation 85(1), definition of type A individual , after paragraph (d), insert:
(e) a person who is a British citizen or permanent resident described in para‐
graph (b) of the definition of national in Article 1.3 of the UK FTA
(3) In regulation 85(1), definition of type A territory , after paragraph (c), insert:
(d) the territory of the United Kingdom of Great Britain and Northern Ire‐
land.
(4) In regulation 85(1), revoke the definitions of ANZTEC , Australian CER
Investment Protocol , China FTA , CPTPP Agreement , Hong Kong CEP ,
Korea FTA , and P4 Agreement .
(5) After regulation 85(1), insert:
(1A) See regulation 84(3) for the meanings of ANZTEC , Australian CER Invest‐
ment Protocol , China FTA , CPTPP Agreement , Hong Kong CEP , Korea
FTA , P4 Agreement , and UK FTA .
18 Subpart 2 heading in Part 5 replaced
In Part 5, replace the subpart 2 heading with:Version as at
31 May 2023United Kingdom Free Trade Agreement Legislation Act
2022 Part 3 s 18
7Subpart 2 —Implementation of free trade agreements
19 Regulation 88 amended (Introduction to subpart 2 and interaction
between regulations in Part 5)
Replace regulation 88(1) and (2) with:
(1) The purpose of this subpart is to implement obligations in the agreements listed
in regulation 84(3).
(2) For that purpose, this subpart is to be applied subject to the exclusions con‐
tained in the following provisions:
(a) Article 12.3 of the P4 Agreement:
(b) Articles 105 and 137.5 of the China FTA:
(c) Article 2 of Chapter 13 of the Hong Kong CEP:
(d) Articles 3.3 and 9.5 of Chapter 12 of ANZTEC:
(e) Articles 10.3.3 and 10.15.5 of the Korea FTA:
(f) Article 9.12.6 of the Trans-Pacific Partnership Agreement (done at
Auckland on 4 February 2016) as incorporated into the CPTPP Agree‐
ment by Article 1.1 of that agreement:
(g) Articles 14.3.3, 14.3.5, 14.10.5, and 14.10.6 of the UK FTA.
20 Schedule 1AA amended
In Schedule 1AA,—
(a) insert the Part set out in the Schedule of this Act as the last Part; and
(b) make all necessary consequential amendments.
Part 4
Amendments to Tariff Act 1988, Tariff, and Customs and Excise
Regulations 1996
Amendments to Tariff Act 1988
21 Principal Act
Sections 22 and 23 amend the Tariff Act 1988.
22 Section 15A amended (Interpretation)
(1) In section 15A, definition of free trade agreement , after paragraph (h), insert:
(i) the UK FTA
(2) In section 15A, insert in its appropriate alphabetical order:
UK FTA  means the Free Trade Agreement between New Zealand and the Uni‐
ted Kingdom of Great Britain and Northern Ireland, done at London on 28 Feb‐
ruary 2022Part 3 s 19United Kingdom Free Trade Agreement Legislation Act
2022Version as at
31 May 2023
823 Section 15H amended (Provisional transitional safeguard measure)
In section 15H(1)(b)(ii), replace “or the RCEP ” with “the RCEP, or the UK
FTA”.
Amendments to Tariff
24 Principal legislation
Sections 25 to 29, in accordance with section 9F(1)  of the Tariff Act 1988 ,
amend the Tariff.
25 Note 2 amended
In the notes to the Tariff, note 2, penultimate paragraph, replace “TPA or TW ”
with “TPA, TW, or UK”.
26 Note 3 amended
(1) In the notes to the Tariff, note 3, revoke the item relating to the United King‐
dom of Great Britain and Northern Ireland, the Isle of Man, and the Channel
Islands.
(2) In the notes to the Tariff, note 3, after the item relating to country that is a spe‐
cified TPA party, insert:
United Kingdom of Great Britain and Northern Ireland, the Bailiwick of
Guernsey, the Bailiwick of Jersey, and the Isle of ManUK
27 Footnotes amended
In the Tariff, in each footnote, replace “TPA and TW ” with “TPA, TW, and
UK”.
28 Section XVI amended
In Section XVI, Chapters 84 and 85, sixth column,—
(a) delete “GB Free” in each place; and
(b) in the item relating to number 8512.30.29, delete “GB 3.5”.
29 Part II Concessions amended
In the Tariff, Part II Concessions, table, in the item relating to Concession Ref‐
erence Number 66, after subsection (4), insert:
(5) Goods re-entered after repair or
alteration —
(a) in the territory of the United
Kingdom of Great Britain
and Northern Ireland, the
Bailiwick of Guernsey, the
Bailiwick of Jersey, and the
Isle of Man; and
(b) in accordance with Article
2.7 of the UK FTA. FreeVersion as at
31 May 2023United Kingdom Free Trade Agreement Legislation Act
2022 Part 4 s 29
9Amendments to Customs and Excise Regulations 1996
30 Principal regulations
Sections 31 and 32 amend the Customs and Excise Regulations 1996.
31 Regulation 42 and cross-heading revoked
Revoke regulation 42 and the cross-heading above regulation 42.
32 New regulations 51ZZK and 51ZZL and cross-heading inserted
After regulation 51ZZJ, insert:
Provisions relating to UK FTA parties
51ZZK Interpretation
In regulation 51ZZL , unless the context otherwise requires, —
UK FTA  means the Free Trade Agreement between New Zealand and the Uni‐
ted Kingdom of Great Britain and Northern Ireland, done at London on 28 Feb‐
ruary 2022
United Kingdom and the Crown Dependencies  means the United Kingdom
of Great Britain and Northern Ireland, the Bailiwick of Guernsey, the Bailiwick
of Jersey, and the Isle of Man.
51ZZL Originating goods
Particular goods are treated for the purposes of the Act and the Tariff Act 1988
as being the produce or manufacture of the United Kingdom and the Crown
Dependencies if the goods meet all applicable requirements set out in the fol‐
lowing provisions of the UK FTA:
(a) Chapter 3 (Rules of Origin and Origin Procedures); and
(b) Annex 3A (Product Specific Rules of Origin); and
(c) Annex 3B (Origin Declarations – Guidance).Part 4 s 30United Kingdom Free Trade Agreement Legislation Act
2022Version as at
31 May 2023
10Schedule
New Part 9 inserted into Schedule 1AA of Overseas Investment
Regulations 2005
s 20
Part 9
Provisions relating to United Kingdom Free Trade Agreement
Legislation Act 2022
19 Application
The amendments made by the United Kingdom Free Trade Agreement Legis‐
lation Act 2022 apply only to the acquisition of rights or interests in securities
or of other property, or the establishment of any business, after the commence‐
ment of that Act.
20 No refunds
No person is entitled to a refund of any fee or charge paid to the regulator for a
matter under Schedule 2 of these regulations on the ground that the amend‐
ments made by the United Kingdom Free Trade Agreement Legislation Act
2022  mean that the matter is no longer relevant (for example, that a consent
that had been applied for is no longer required).Version as at
31 May 2023United Kingdom Free Trade Agreement Legislation Act
2022 Schedule
11Notes
1 General
This is a consolidation of the United Kingdom Free Trade Agreement Legis‐
lation Act 2022 that incorporates the amendments made to the legislation so
that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted
or made by the legislation consolidated and by the amendments. This presump‐
tion applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, pub‐
lished as an electronic version, is an official version. A printed version of legis‐
lation that is produced directly from this official electronic version is also an
official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to con‐
solidations using the powers under subpart 2 of Part 3 of the Legislation Act
2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
United Kingdom Free Trade Agreement Legislation Act Commencement Order 2023 (SL 2023/108)
Wellington, New Zealand:
Published under the authority of the New Zealand Government—2023NotesUnited Kingdom Free Trade Agreement Legislation Act
2022Version as at
31 May 2023
12