WT/TPR/M/426/Add.1  
22 August  2022 
(22-6336) Page: 1/195 
Trade Policy Review Body  
1 and 3 June 2022  Original: English/Spanish  
anglais/espagnol  
inglés/español  
 
  
TRADE POLICY REVIEW  
NEW ZEALAND  
MINUTES  OF THE MEETING  
Addendum  
Chairperson: H.E. Mr. Ángel Villalobos Rodríguez (Mexico)  
This document contains the advance written questions  and additional questions by 
WTO Members , and replies provided by  New Zealand .1 
 
 
Organe d'examen des politiques commerciales  
1 et 3 juin 2022  
EXAMEN DES POLITIQUES COMMERCIALES  
NOUVELLE -ZÉLANDE  
COMPTE RENDU DE LA RÉUNION  
Addendum  
Président: S.E. M. Ángel Villalobos Rodríguez ( Mexique ) 
Le présent document contient les questions écrites communiquées à l'avance par les 
Membres de l'OMC, leurs questions additionnelles, et les réponses  fournies par  la Nouvelle -Zélande .1 
 
 
Órgano de Examen de las Políticas  Comerciales  
1 y 3 de junio de 2022  
NUEVA ZELANDIA   
EXAMEN DE LAS POLÍTICAS COMERCIALES  
NUEVA ZELANDIA  
ACTA DE LA REUNIÓN  
Addendum  
Presidente: Excmo.  Sr. Ángel Villalobos Rodríguez (México)  
En el presente documento figuran las preguntas presentadas anticipadamente por escrito  y 
las preguntas adicionales de los Miembros de la OMC,  así como las respues tas facilitadas 
por Nueva  Zelandia .1 
_______________   
 
1 In English and Spanish only./En anglais et espagnol seulement./En inglés y español solamente.  WT/TPR/M/426/Add.1  
 
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  Contents  
ARGENTINA  ................................ ................................ ................................ .....................  3 
AUSTRALIA  ................................ ................................ ................................ ...................  11 
BRAZIL  ................................ ................................ ................................ ..........................  14 
CANADA  ................................ ................................ ................................ ........................  15 
CHILE ................................ ................................ ................................ ............................  27 
CHINA  ................................ ................................ ................................ ...........................  33 
COLOMBIA  ................................ ................................ ................................ ....................  36 
COSTA RICA  ................................ ................................ ................................ ..................  48 
ECUADOR  ................................ ................................ ................................ ......................  49 
EUROPEAN UNION  ................................ ................................ ................................ ........  51 
EUROPEAN UNION – FOLLOW UP QUESTIONS ................................ ...............................  63 
ICELAND  ................................ ................................ ................................ .......................  64 
INDIA  ................................ ................................ ................................ ...........................  66 
INDONESIA  ................................ ................................ ................................ ...................  79 
HONG KONG, CHINA  ................................ ................................ ................................ ...... 88 
JAPAN  ................................ ................................ ................................ ...........................  92 
KOREA, REPUBLIC OF  ................................ ................................ ................................ .... 95 
MALAYSIA  ................................ ................................ ................................ .....................  98 
MEXICO  ................................ ................................ ................................ .......................  112  
OMAN  ................................ ................................ ................................ ..........................  118  
PHILIPPINES  ................................ ................................ ................................ ..............  121  
SAUDI ARABIA, KINGDOM OF  ................................ ................................ .....................  152  
SINGAPORE  ................................ ................................ ................................ .................  153  
SRI LANKA  ................................ ................................ ................................ ..................  154  
SWITZERLAND  ................................ ................................ ................................ ............  155  
CHINESE TAIPEI  ................................ ................................ ................................ .........  159  
THAILAND  ................................ ................................ ................................ ...................  165  
THAILAND – ADDITIONAL QUESTIONS  ................................ ................................ ....... 169  
TÜRKIYE  ................................ ................................ ................................ .....................  170  
UKRAINE  ................................ ................................ ................................ .....................  171  
UNITED KINGDOM  ................................ ................................ ................................ ....... 175  
UNITED STATES OF AMERICA  ................................ ................................ ......................  189  
URUGUAY  ................................ ................................ ................................ ....................  194  
 
 WT/TPR/M/426/Add.1  
 
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  ARGENTINA  
Secretariat Report  
 
Questions  
 
• PUNTO 2.40 
 
Contexto : En el párrafo 2.40 se menciona que en 2020 Nueva Zelandia firmó con Singapur y Chile 
la Asociación sobre Economía Digital (DEPA).  
 
Pregunta 1 : ¿Podría Nueva Zelandia comentar cómo se complementa este acuerdo con otros como 
el ITA?  
 
• PARAGRAPH 2.40  
 
Context:  Paragraph 2.40 mentions that in 2020 New Zealand  signed the Digital Economy 
Partnership (DEPA) with Singapore and Chile.  
 
Question 1:  Could New Zealand  comment on how this agreement complements other agreements 
such as the ITA?  
 
Response:  
The DEPA intended to serve as a building block towards wider discussions on digital trade rules and 
norms, including at the WTO. While the DEPA contains thematic overla p with the Information 
Technology Agreement (ITA) on information technology products, it has a regulatory focus and does 
not contain market access commitments which are the focus of the ITA.  
 
Questions  
 
• PUNTO 2.6 
 
Contexto : La pandemia COVID -19 produjo importantes perturbaciones a los flujos comerciales y 
cadenas globales de valor que perjudicaron a todas las economías, pero especialmente a las más 
vulnerables y a los países en desarrollo en particular. En el párrafo 2.6 se menciona que 
Nueva  Zelandia implementó la "Estrategia para la recuperación del comercio", que entre otros 
objetivos busca "reforzar las principales relaciones comerciales para ampliar las oportunidades de 
mercado y lograr una mayor diversificación del come rcio".  
 
Pregunta 2 : ¿Podría Nueva Zelandia comentar qué oportunidades comerciales de diversificación se 
han efectivizado desde la implementación de la Estrategia y cuáles aún podrían producirse, en 
particular, en beneficio de los países en desarrollo?  
 
• PARAGRAPH 2.6  
 
Context:  The COVID -19 pandemic led to major disruptions to global trade flows and value chains 
that harmed all economies, but especially the most vulnerable and developing countries in particular. 
Paragraph 2.6 mentions that New Zealand  imple mented the "Trade Recovery Strategy", which 
among other objectives seeks to "strengthen key trading relationships to expand market 
opportunities and achieve greater trade diversification".  
 
Question 2:  Could New Zealand  comment on which trade diversificati on opportunities have been 
realised since the implementation of the Strategy and which could still be forthcoming, in particular 
for the benefit of developing countries?  
 
Response:  
The recent signing of the New Zealand -United Kingdom FTA is a development i n support of the 
government's Trade Recovery Strategy.  
 
Expansion of New Zealand 's network of free trade agreements is a key contributor to New Zealand 's 
COVID -19 recovery, through enabling increased access to the goods, services, and investment 
required and provided by new markets. Concluding a high -quality, comprehensive and inclusive FTA WT/TPR/M/426/Add.1  
 
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  with a high value, close partner like the UK was a key priority for the government's Trade Recovery 
Strategy  strategy and offers New Zealand  business important options to expand and diversify their 
trade profiles.  
 
Many of the export products for which New Zealand  is best known internationally are heavily 
concentrated in a few very large markets. Opening up opportunities to expand New Zealand 's trade 
in these products into additional high -value markets such as the UK has a particularly valuable role 
to play in efforts to build an appropriately diversified trade portfoli o to assist in recovery from the 
economic impacts of COVID -19. 
 
New Zealand  is also advancing free trade agreement negotiations with the European Union, an 
important and high -value market of around 450 million, which, once concluded, promises to further 
advance the government's Trade Recovery Strategy. New Zealand  is also continu ing negotiations 
with the Pacific Alliance and the Gulf Cooperation Council.  
 
Aotearoa New Zealand 's free trade agreement with Pacific partners – PACER Plus – provides good 
opportunities for both New Zealand  and developing Pacific Island Countries to dive rsify and expand 
trade – both among the Parties and with other countries. Under the PACER Plus Agreement, 
New Zealand  (and Australia) are funding a Development and Economic Cooperation Work 
Programme. Aotearoa New Zealand 's contribution is NZ D 7 million. This programme (five years in 
duration) is designed to help Pacific signatories who have ratified PACER Plus diversify and 
strengthen their economic resilience and obtain benefits from it. Assistance is based around the 
priorities and needs of Pacific signa tories. The work programme covers six trade components, 
including rules of origin, customs, sanitary and phytosanitary measures, services and investment. 
This support is being delivered through the PACER Plus Implementation Unit based in Apia.  
 
Questions  
 
• PUNTO 2.9 
 
Contexto : En el punto 2.9 se menciona que el "Programa Comercio para Todos" se puso en marcha 
para responder a las preocupaciones de los ciudadanos con relación a las negociaciones comerciales. 
Entre otros aspectos, se menciona la promoción de la inclusión de dispo siciones sobre comercio y 
género en los acuerdos comerciales.  
 
Pregunta 3 : ¿En este marco, podría Nueva Zelandia comentar su experiencia en el Global Trade 
and Gender Arrangement (GTAGA), qué objetivos se han alcanzado hasta ahora y cuáles son los 
desafíos  pendientes para lograr la mayor inclusión de las mujeres en el comercio internacional desde 
su punto de vista?  
 
• PARAGRAPH 2.9  
 
Context:  Paragraph 2.9 mentions that the "Trade for All Programme" was launched to respond to 
citizens' concerns regarding trade negotiations. Among other aspects, it mentions the promotion of 
the inclusion of trade and gender provisions in trade agreements.  
 
Ques tion 3:  In this framework, could New Zealand  comment on its experience with the Global Trade 
and Gender Arrangement (GTAGA), what objectives have been achieved so far and what are the 
remaining challenges to achieve greater inclusion of women in internatio nal trade from your point 
of view?  
 
Response:  
A variety of GTAGA implementation events have been held since August 2020, which have directly 
engaged hundreds of stakeholders on issues related to women's economic empowerment and 
promoting women's engagement  in trade. This has brought together women business owners and 
traders, and those looking to engage in trade, to deepen understanding of issues that need to be 
addressed, while also sharing experiences of successes in the field of global commerce.  
 
The GT AGA has been an important mechanism for further valuable  discussions in New Zealand , and 
between GTAGA Members at a government level, related to barriers to greater female participation 
in global trade.  
 WT/TPR/M/426/Add.1  
 
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  The GTAGA has attracted new membership, namely Mexi co in October 2021, with further new 
members also expected in the future.  
 
These are steps forward, but there is a way to go. Better overall data is needed about women's 
participation in trade, to better understand both the extent of the issue and how appropriate policy 
action can be taken to address it. Other challenges also nee d to be addressed, such as steps to 
better promote female trade professionals into positions of leadership, addressing societal structural 
barriers (such as the over -reliance on women for unpaid house -hold work), and issues with access 
to finance.  
 
Questi ons 
 
• PUNTO 2.9 
 
Contexto : En el punto 2.9 se menciona también que el "Programa Comercio para Todos" haría foco, 
entre varios otros aspectos, en la promoción de la inclusión de las pequeñas y medianas empresas 
en el comercio internacional.  
 
Pregunta 4 : ¿Podría Nueva Zelandia coment ar qué acciones concretas se han implementado y qué 
resultados se han obtenido?  
 
• PARAGRAPH 2.9  
 
Context:  Paragraph 2.9 also mentions that the "Trade for All Programme" would focus, among 
several other aspects, on promoting the inclusion of small and medi um-sized enterprises in 
international trade.  
 
Question 4:  Could New Zealand  comment on what concrete actions have been implemented and 
what results have been achieved?  
 
Response:  
New Zealand  recognises the integral role of small and medium -sized enterprises (SMEs) as part of 
our 'Trade for All' agenda. We recognise facilitating better internationalisation of SMEs is at the heart 
of productivity and inclusivity benefits. Many SMEs find it diff icult to build up capital and financing. 
Developing the market contacts and expertise to export can be a challenge.  
New Zealand 's 'Trade for All' agenda is actioned through our free trade agreements. New Zealand  
has SME Chapters in both RCEP and CPTPP . Effort is being mad e to include SME trade facilitation in 
all new negotiations and upgrades, including in the AANZFTA  upgrade.  
 
New Zealand  has led SME focused dialogues to support FTA implementation efforts. In April 2022, 
we hosted a Dialogue on the FinTech sector as one of DEPA's  early implementation activities.  
 
In addition to regional and bilateral FTA initiatives, New Zealand  as a member of the WTO and the 
Joint Statement Initiative for the Working G roup on MSMEs which launched a number of initiatives  
to help SMEs play a more active role in world trade.  
 
New Zealand 's host year of APEC included the couching of suppor t for the Asia Pacific region, people 
and their businesses, particularly SMEs, to emerge stronger in the wake of uncertainty, through 
decent work and increased opportunities.  
 
Questions  
 
• PUNTO 3.1 
 
Contexto : En el punto 3.1 se indica que se han introducido algunos cambios significativos en la 
legislación aduanera de Nueva Zelandia desde su último examen. Los procedimientos de 
importación, incluidos los reglamentos sobre la valoración en aduana y los mecanismo s de apelación, 
se rigen ahora por la Ley de Aduanas e Impuestos sobre el Consumo de 2018, que sustituye a la 
correspondiente Ley de 1996. La Ley de 2018, que entró en vigor el 1 de octubre de 2018, es más 
transparente y prevé una serie de servicios nuevos  y un mejor apoyo al cumplimiento.  
 
Pregunta 5 : ¿Podrían detallar los cambios introducidos en la nueva ley?  WT/TPR/M/426/Add.1  
 
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  • PARAGRAPH 3.1  
 
Context:  Paragraph 3.1 indicates that there have been some significant changes to New Zealand 's 
customs legislation since its last review. Import procedures, including regulations on customs 
valuation and appeal mechanisms, are now governed by the Customs and Excise Act 2018, which 
replaces the corresponding 1996 Act. The 2018 Act, which came into force on 1 October 2018, is 
more tran sparent and provides for a number of new services and improved compliance support.  
 
Question 5:  Could you please elaborate on the changes introduced in the new law?  
 
Response:  
Changes in the 2018 Act included: valuation rulings, provisional values, compens atory interest and 
late payment penalties, infringement notices, Joint Border Management System competency and 
registration, administrative penalties, administrative review process, Excise goods, Controller's 
discretion and storing business records. See th e following link for details: 
https://www.customs.govt.nz/about -us/legislation/customs -and-excise -act-2018/whats -
chang ed/new -services -and-requirements/   
 
A detailed Comparison Guide comparing the 1996 Act with the 2018 Act is available here: 
https://www.customs.govt.nz/globalassets/documents/ce -2018/comparison -guide.pdf . 
 
Questions  
 
• PUNTO 3.131  
 
Contexto : En el párrafo 3.131 se menciona que en el ca so de algunos productos como la miel no 
se dispone de una norma sanitaria de importación, pero que actualmente se están elaborando 
normas sanitarias de importación en el marco de un programa de trabajo más amplio del Ministerio 
de Industrias Primarias.  
 
Pregunta 6 : ¿Podría Nueva Zelandia comentar qué avances se han producido a este respecto y 
cuándo se estima que se podría contar con normativa al respecto?  
 
• PARAGRAPH 3.131  
 
Context:  Paragraph 3.131 mentions that for some products such as honey there is no import health 
standard in place, but that import health standards are currently being developed as part of a wider 
programme of work by the Ministry for Primary Industries.  
 
Questio n 6: Could New Zealand  comment on the progress achieved in this regard and when it is 
estimated that regulations could be in place?  
 
Response:  
There is an Import Health Standard for honey, however it only applies to specific Pacific Island 
countries. There  is also an Import Health Standard for Processed Honey Products that has wider 
application.  
 
Work on Import Health Standards for relevant products remains ongoing. It is not possible to give 
any definitive timeframe for completion at this time.  
 
Questions  
 
• PUNTO 3.25 
 
Contexto : En el párrafo 3.25 se menciona que, en el marco de la pandemia, Nueva Zelandia eliminó 
aranceles para la importación de insumos médicos necesarios en la lucha contra el COVID -19. 
 
Pregunta 7 : ¿Podría Nueva Zelandia informar si se p lanea mantener estos recortes arancelarios en 
el mediano plazo?  
 WT/TPR/M/426/Add.1  
 
- 7 - 
 
  • PARAGRAPH 3.25  
 
Context:  Paragraph 3.25 mentions that, in the context of the pandemic, New Zealand  eliminated 
tariffs for the import of medical supplies needed in the fight against COVID -19. 
 
Question 7:  Could New Zealand  provide information on whether it plans to maintain these tariff 
cuts in the medium term?  
 
Response:  
These tariff cuts remain in place and they will remain in place for the foresable future. 
New Zealand , in its APEC host year, also secured an APEC Ministers Responsible for Trade Statement 
on COVID -19 Vaccine Supply Chains, which encouraged each economy to  review its own charges 
levied at the border on COVID -19 vaccines and related goods. The Statement is available here: 
https://www.apec.org/meeting -papers/sectoral -ministerial -meetings/trade/2021_mrt/annex -1  
 
Questions  
 
• PUNTO 3.32 
 
Contexto : En el punto 3.32 se indica que, en 2021 hubo dos líneas arancelarias cuyos tipos 
aplicados NMF eran superiores a los tipos consolidados.  
 
Pregunta 8 : ¿Por qué motivo se da esta discrepancia?  
 
• PARAGRAPH 3.32  
 
Context:  Paragraph 3.32 indicates that, in 2021, there were two tariff lines where the MFN applied 
rates were higher than the bound rates.  
 
Question 8:  What is the reason for this discrepancy?  
 
Response:  
These tariff lines were created in 2012 when 8479.89.00 (Oth er/other) was split to accommodate 
two new subheadings for boarding bridges (.71 and .79). This was when over 190 ITA expansion 
items were included. These two lines could fall into either '0' or 25% Bound rates. Due to the limited 
coverage and small amount  of trade, the rates were adjusted to '0' bound rate, while the applied 
rate incorrectly remained at 5%. NZ is committed to ensuring consistency with bound rates. We are 
working on correcting these applied MFN rates, with likely implementation by the end o f 2022.  
 
Questions  
 
• PUNTO 3.51 
 
Contexto : En el punto 3.51 se indica que algunas prohibiciones y restricciones de las importaciones 
se anuncian en el sistema computadorizado de tramitación de la entrada de mercancías del Servicio 
de Aduanas; y que son objeto de verificaciones electrónicas de la c onformidad. Estas se refieren, 
entre otras cosas, a productos agropecuarios, productos alimenticios, productos químicos, 
medicamentos reglamentados, explosivos, armas de fuego y desechos peligrosos. En el sitio web 
del Servicio de Aduanas de Nueva Zelandia  figura una lista exhaustiva de estos productos y una 
descripción de los procedimientos pertinentes.  
 
Pregunta 9 : ¿Cuáles son los criterios y el procedimiento utilizado para la confección de dichos 
listados? ¿Existe la posibilidad de que se apliquen a otros productos además de los mencionados en 
el párrafo?  
 
• PARAGRAPH 3.51  
 
Context:  Paragraph 3.51 indicates that ce rtain import prohibitions and restrictions are published in 
the Customs Service's computerised entry processing system; and that they are subject to electronic 
conformity checks. These relate to agricultural products, foodstuffs, chemicals, regulated drugs , 
explosives, firearms and hazardous waste, among others. A comprehensive list of these products 
and a description of the relevant procedures can be found on the New Zealand  Customs website.  WT/TPR/M/426/Add.1  
 
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  Question 9:  What is the criteria and procedure used for the creat ion of these lists, and is there a 
possibility that they may apply to products other than those mentioned in the paragraph?  
 
Response:  
Goods subject to import restrictions are so subjected due to domestic legislative settings which 
either absolutely or con ditionally restrict their import.  
 
There are various criteria applied when making the legislative instrument which restricts the 
importation. For example:  
- it may be the minimum restriction necessary for New Zealand  to be in compliance with an 
international agreement or Convention (such as the Basel Convention on the Transboundary 
Movement of Hazardous Waste, requiring the agreement of the New Zealand  competent 
authority, the Environmental Protection Authority, for s uch waste to be imported; or the 
Montreal Convention, which applies restrictions on the importation of ozone depleting 
substances and certain synthetic greenhouse gases, again administered by the Environmental 
Protection Authority),  
- it may be considered  necessary in the public interest (such as the restriction on the importation 
of handheld high -powered laser pointers, which on public safety grounds cannot be imported 
without the consent of the Director -General of Health),  
- it may be considered necessa ry to ensure at -risk food types are safe for human consumption 
(so the goods are issued with entry permission only after testing for listeria for example).  
- to ensure the integrity of the domestic radio spectrum, and the safe operation of certain critica l 
infrastructure (for example keeping the search and rescue channels free from interference 
caused by devices operating on the same channels) – meaning that restrictions on the 
importation of certain radio communication devices are necessary.  
 
A number of  the import restriction systems operated by the various government agencies (and 
enforced by Customs at the border) are free of charge to the importer, and any that do have 
costs / fees attached are purely, in whole or part, cost recovery charges.  
 
Questio ns 
 
• PUNTO 3.54 
 
Contexto : En el punto 3.54 se indica que el 29 de mayo de 2017, se modificó la Ley de Derechos 
Antidumping y Derechos Compensatorios N°158 de 1988 para incorporar una evaluación del interés 
público en la aplicación de los derechos antidumping y los derechos compens atorios. La ley pasó a 
llamarse Ley de Comercio (Derechos Antidumping y Derechos Compensatorios) de 1988. Por lo 
demás, durante el período objeto de examen no se introdujeron modificaciones notables en la 
legislación y el marco institucional de Nueva Zelan dia en materia de medidas antidumping, 
compensatorias y de salvaguardia.  
 
Pregunta 10 : ¿En qué consisten exactamente las modificaciones que se han introducido a la Ley 
de Derechos Antidumping y Compensatorios N°158?  
 
• PARAGRAPH 3.54  
 
Context:  Paragraph 3.54 states that on 29 May 2017, the Anti -Dumping and Countervailing Duties 
Act No. 158 1988 was amended to incorporate a public interest assessment in the application of 
anti-dumping and countervailing duties. The Act was renamed as the Trade (Anti -dumping and 
Countervailing Duties) Act 1988. Otherwise, there were no notable changes to New Zealand 's anti -
dumping, countervailing and safeguard legislation and institutional framework during the period 
under review.  
 
Question 10:  What exactly are the changes that were made to the Anti -Dumping and Countervailing 
Duties Act No. 158?  
 
Response:  
The main change to the renamed Trade (Anti -dumping and Countervailing Duties) Act 1988  (the Act) 
is the  introduction of a bounded public interest test into New Zealand 's dumping and countervailing 
duties regime in order to address the effect of the imposition of a duty on consumers and 
downstream industries.  WT/TPR/M/426/Add.1  
 
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  Other changes made to the Act include:  
 
• The Minister of Commerce and Consumer Affairs (the Minister) has discr etion to not impose 
or defer the imposition of a duty or to terminate or suspend an existing duty where a natural 
disaster or emergency has had a significant impact on users of the product concerned;  
• The decision -making process for undertaking review and  reassessments of an existing duty 
has been clarified, including the provisions relating to the payment and duration of duty;  
• The rules on evidence and procedure (in the Act for new investigations into whether a duty 
should be imposed), are applied to re views and reassessments of existing duties;  
• The Act is clarified by providing that separate rates of duty may be imposed for named 
exporters and that a 'residual' rate of duty can be applied to all other exporters;  
• Provision is made for the initiation and carrying out of reassessments of a duty for the purpose 
of either setting separate rates of duty for new exporters, or exempting them from a duty.  
 
There were no changes to New Zealand 's safeguard legislation and institutional framework during 
the peri od under review.  
 
Questions  
 
• PUNTO 3.75 
 
Contexto : En el punto 3.75 se indica que de conformidad con la Ley del Impuesto sobre Bienes y 
Servicios de 1985 y la Ley de Aduanas e Impuestos sobre el Consumo de 2018, los exportadores 
pueden obtener el reembolso de los derechos de importación, los impuestos sob re el consumo y, en 
algunos casos, del impuesto sobre bienes y servicios que hayan pagado sobre las mercancías 
importadas.  
 
Pregunta 11 : ¿En qué casos específicamente se puede obtener el reembolso mencionado y bajo 
qué criterios se implementan los mismos?  
 
• PARAGRAPH 3.75  
 
Context:  Paragraph 3.75 states that under the Goods and Services Tax Act 1985 and the Customs 
and Excise Act 2018, ex porters can obtain a refund of import duties, consumption taxes and, in 
some cases, goods and service tax paid on imported goods.  
 
Question 11:  In which specific cases can the above -mentioned reimbursement be obtained and 
under which criteria are they impl emented?  
 
Response:  
In general, any products manufactured in Customs Controlled Areas. Any exporter who exports 
manufactured goods using imported components may also claim duty drawback of the imported 
components used provided they meet conditions stipulat ed by Customs. See 
https://www.customs.govt.nz/business/import/import -payments -and-refunds/refunds -and-
drawbacks/  for further information.  
 
In order to claim back GST on imported goods, the importer must:  
• Be registered for New Zealand  GST 
• Be using the goods solely to make taxable supplies  
 
As an example, if a builder imports wood to build houses in New Zealand , then they can  claim back 
the GST that was charged on importation. As they are making a taxable supply of housing, they will 
have to pay GST on the sale of the completed house.  
 
Questions  
 
• PUNTO 3.8 
 
Contexto : En el punto 3.8 se explica que el Servicio de Aduanas no mantiene un sistema de 
operadores económicos autorizados, ya que las autoridades se esfuerzan por ofrecer un 
procedimiento simplificado a todos los importadores.  
 WT/TPR/M/426/Add.1  
 
- 10 - 
 
  Pregunta 12 : ¿En qué consiste este procedimiento simplificado?  
 
• PARAGRAPH 3.8  
 
Context:  Paragraph 3.8 explains that the Customs Service does not maintain a system of authorised 
economic operators, as the authorities strive to provide a simplified procedure for all importers.  
 
Question 12:  What does this simplified procedure consist of?  
 
Response:  
The New Zealand  Customs Service does not maintain an Authorized Economic Operator (AEO) 
system for importers currently, however this is being reviewed under a project for a Secure Trade 
Lane with Australia, which is looking to further simplify proces ses for AEO members .  
 
What was meant by the phrase " authorities seek to give simplified process to all importers " was that 
New Zealand  aims to further facilitate trade based on recommended practices embodied in 
international instruments such as the WTO Trade Facilitation Agreement and the Revised Kyoto 
Convention. This approach will benefit all operators.  WT/TPR/M/426/Add.1  
 
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  AUSTRALIA  
Report by the Secretariat (WT/TPR/S/426)  
 
Questions  
 
Page 13, Paragraph 1.11, 1.12.  
The report states that the cost of shipping goods to and from New Zealand  has increased 
significantly, particularly for container -based freight, which includes many consumer goods. It also 
notes that according to the IMF, New Zealand 's real GDP is projecte d to grow by 5.1% in 2021, 
driven by strong domestic demand. Nonetheless, lower labour supply due to muted migration flows, 
weak capital accumulation, and slowing productivity growth are expected to adversely affect 
potential output.  
 
Question 1  
- What se ctors could we expect to drive New Zealand 's trade and investment going forward? 
Are any industries being hit particularly hard by the potential down -side factors for output noted, 
and to what extent will this be exacerbated by disruptions to international  supply chains from 
Russia's invasion of Ukraine?  
 
Response:  
Real GDP growth in 2021 slightly exceeded the IMF projections at 5.6. Growth was expected to ease 
in 2022 to around 3% due to the Omicron outbreak in the early part of the year. Headwinds from 
the illegal Russian invasion of Ukraine will likely dampen growth further.  
 
The hospitality and to a lesser extent retail sectors bore the brunt of health -related restrictions to 
contain the Omicron outbreak. The hospitality sector has also been hard hit by  the absence of tourists 
for over two years now. The reopening of borders will provide some relief, but comes after the usual 
peak of the tourist season (the New Zealand  summer). Labour market pressures are widespread, 
with the unemployment rate (3.2%) at its lowest level in three decades.  
 
New Zealand 's traditional primary based exports have performed well, and are expected to continue 
to do so. For example, dairy farmers will receive a record milk price this season. However, input 
costs have also increase d sharply which will absorb some of these higher revenues. For other export 
sectors, including advanced manufacturing and services sectors, the reopening of the borders will 
provide opportunities to reconnect with customers overseas and unlock market oppor tunities.  
 
The most significant impacts on New Zealand  from the illegal Russian invasion of Ukraine will be 
indirect, primarily through higher fuel and commodity prices, financial market volatility, and the drag 
on global economic activity.  
 
The New Zeala nd-Russia trade relationship was modest before the invasion and has significantly 
reduced due to a combination of factors. Under the Russia Sanctions Act 2022, the New Zealand  
Government has imposed a 35% tariff on all imports of Russian origin and has banned the export to 
Russia of products that are closely connected to strategic Russian industries. These are listed in the 
Sanctions Register. A humanitarian exemption mechanism  exists for food and medical products. 
These goods can be exempted from trade sanctions under the Russia Sanctions Act.  
 
The Government has also issued guidance to banks on transactions with sanctioned persons, 
restricting the ability for payments to and from Russian customers of some New Zealand  businesses. 
On a practical level, many New Zealand  businesses have voluntarily ceased trade with Russian 
businesses.  
 
Logistically, many of the major shipping lines have suspended deliveries of non -essential goods to 
Russia itself, restricting the ability of some New Zealand  businesses to getting their products to 
market.  
 WT/TPR/M/426/Add.1  
 
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  Questions  
 
Page 17, Paragraph 1.22.  
 
The report states that making use of the substantial fiscal space, the authorities put in place large -
scale fiscal measures (expenditure and revenue forgone) amounting to NZD 69.1 billion, or 21.1% 
of GDP through FY2024/25, incl uding wage subsidies, infrastructure investment, and tax measures 
to support businesses and investment. In addition, other measures (e.g. Business Finance Guarantee 
Scheme, Small Business Cashflow Scheme, Convertible Debt Agreement with Air New Zealand , and 
R&D Loan Scheme) are being implemented.  
 
Question 2  
- Were there any additional payments to households that were delivered as part of the  
COVID -19 response, and have any of these resulted in a permanent increase in fiscal support?  
 
Response:  
A range of  government measures were put in place to support individuals and households as part of 
the Government's COVID -19 response.  
 
Some of these measures are aimed at encouraging compliance with COVID public health  
measures  -for example, the COVID -19 Leave Support Scheme , Short -Term Absence Payment , and 
Care in the Commu nity welfare response.  
 
Other measures which the Government implemented include:  
• the COVID -19 Income Relief Payment , which was implemented early on in the pandemic to 
provide temporary income support for those who lost their job due to COVID, and  
• doubling the winter energy payment  in 2020 to provide additional financial support for eligible 
individuals/households (including beneficiaries, and those receiving superan nuation).  
 
Both of these measures ceased in October 2020.  
 
Targeted investment for community service supports were also provided to Māori and Pacific 
communities, who are disproportionately vulnerable to the impacts of COVID. Community -based 
organisations  have been funded to distribute essential supports such as food, hygiene packs, mental 
health services, and wraparound support to access COVID testing and vaccination services.  
 
In terms of permanent increases in fiscal support, in 2020 the Government permanently increased 
the weekly main benefit  amount by NZD 25 per week to provide increased financial support to lower 
income households impacted by COVID -19. This change was introduced as part of a broader 
COVID  economic response package in March 2020.  
 
While not directly related to COVID, from 1 April 2022, a range of permanent income -related 
measures  came into effect to lift the incomes of New Zealand ers – including increasing the minimum 
wage, and increasing rates for the main benefit, superannuation, student allowance and other 
income support payments .  
 
Questions  
 
Page 76, Paragraph 3.161.  
The report states that additional context and guidance primarily linked with the broader outcomes 
have been added to the new version of the Rules from 2019. These include but are not limited to: 
(i) New Zealand  may adopt measures that it deems necessary to  accord favourable treatment to the 
Māori, provided that such measures are not used as a means of arbitrary or unjustified discrimination 
or as a disguised restriction on trade in goods, trade in services, and investment; (ii) procuring 
entities are encour aged to engage more with local businesses, especially with social enterprises and 
Māori, Pasifika, and regional businesses, in case of procurement below domestically defined 
thresholds; and (iii) procuring entities must require their suppliers to ensure an d demonstrate that 
they, and their domestic supply chain, comply with all relevant employment standards and health 
and safety requirements. In addition, a new Rule requiring procuring entities to pay the contractor's 
fees promptly has been added.  WT/TPR/M/426/Add.1  
 
- 13 - 
 
  Question 3 
- Does New Zealand  have any information on how it measures the broader outcomes that were 
introduced in the updated Government Procurement Rules (the Rules) that came into effect 
on 1 October 2019?  
 
Response:  
Information on key performance indicators fo r broader outcomes, reporting methods and reporting 
requirements can be found at https://www.procurement.govt.nz/broader -outcomes/reporting -on-
broader -outcomes /.  
 
Questions  
 
Page 77, Paragraph 3.167.  
The report states that the Rules in general apply to:  
 
• procurement of goods or services or refurbishment works, or a combination of goods or 
services or refurbishment works, when the maximum total estimated value of the procurement 
equals or exceeds the value threshold of NZD 100,000 (excluding GST); and  
• procurement of goods or services or new construction works, when the maximum total 
estimated value of the procurement equals or exceeds the value threshold of NZD 9 million 
(excluding GST).  
 
Question 4  
Does New Zealand  adjust its thresholds in the Rules in a ccordance with the thresholds as set out in 
New Zealand 's relevant trade agreements? If yes, how often does that happen . 
 
Response:  
New Zealand 's domestic thresholds as set out in the Rules are lower than those in New Zealand 's 
commitments under the WTO Ag reement on Government Procurement ( and are either at the same 
level or lower than New Zealand 's free trade agreements). While no adjustment has been necessary 
since accession to the GPA, adjustments would be made if needed to ensure compliance with the 
agreed thresholds.  WT/TPR/M/426/Add.1  
 
- 14 - 
 
  BRAZIL  
Questions : 
1) In the area of foreign investment regulation (item 2.4), does New Zealand  have any 
governmental focal point to help foreign investors in their interactions with other government 
agencies, such as an ombudsperson?  
 
Response:  
The government agency that regulates foreign investment in New Zealand  is the Overseas 
Investment Office (OIO). Where OIO consent is required, there are often other regulatory approvals 
required for investments to proceed.  
 
Questions : 
2) Could New Zealand  explain whether decisions by its authorities on whether to approve or not 
a given foreign investment -related transaction (paragraphs 2.44 and ff.) are subject to judicial 
review? In the affirmative case, are there matters considered by the New Zealand  courts not to be 
justiciable?  
 
Response:  
Judicial review is generally available when an Act of Parliament cre ates a power for public officials 
or bodies to exercise. In the case of foreign investment transactions, this means that the decisions 
made under the powers granted by the Overseas Investment Act 2005 (whether to give consent for 
an overseas investment tra nsaction to proceed, for example) are subject to judicial review.  
 
The Overseas Investment Act 2005 does not place any specific limitations on the scope of a judicial 
review, and the judicial review of decisions made under that Act will be governed by the general 
law. In any given judicial review case, the court will determine whether the subject matter of the 
proceeding is something the court should deal with, and is capable of being determined satisfactorily 
by a court. In general, a judicial review will involve determining whether a decision was made fairly, 
reasonably, and in accordance with the law.  
 
Questions : 
3) Regarding New Zealand 's position with respect to Investor -State Dispute Settlement 
provisions (paragraph 2.51), is New Zealand  considering e xploring the possibility of subjecting 
disputes to State -State Dispute Settlement mechanisms only?  
 
Response:  
Since 2018, New Zealand  government policy on ISDS changed to no longer include ISDS 
provisions  in new free trade agreements. In trade agreements signed since, New Zealand  has agreed 
to State –State dispute settlement applying to the investment chapter (alongside other chapters), in 
line with our longstanding practice.  WT/TPR/M/426/Add.1  
 
- 15 - 
 
  CANADA  
Quest ions Regarding the Secretariat Report  
 
Questions  
 
Page 10, Paragraph 20  
 
This section notes that energy efficiency is a high priority for the New Zealand  authorities and that, 
to reach environmental targets, they have developed many strategic plans and an emissions trading 
system.  
 
Question:  
1. Could New Zealand  provide more information on their key strategies, policies, and other tools 
being employed to  achieve net -zero carbon emissions targets?  
 
Response:  
The Climate Change Response Act 2002 (the CCRA), as amended by the 2019 Climate Change 
Response (Zero Carbon) Amendment Act), provides the overarching framework by which 
New Zealand  aims to  develop and  implement clear and stable climate change policies , and sets the 
domestic emissions reduction target for 2050. The 2050 target requires that:   
 
• net emissions of greenhouse gases, other than biogenic methane, are reduced to zero by  2050  
• emissions of biogenic methane (i.e. methane from the agriculture and waste sectors ) are 10 % 
lower than 2017 levels by 2030, and 24 -47% lower by 2050.  
 
The CCRA requires emissions budgets to be set, and emissions reduction plans to be published, to 
put New Zealand  on track to meet its 2050 net zero target.  
 
An emissions budget is a quantity of emissions that is allowed during a particular period. From 2022 
onwards, three multi -year emissions budgets are required to be in place at any time, providing a 
pathway to the 2050 target. This approach to emissions budgets provides certainty by signaling the 
reductions required and sets the groundwork for deeper reductions over the longer term.   
 
New Zealand 's emissions budgets are set after considering the recommend ations of the 
Climate  Change Commission (the Commission). The first three emissions budgets were published 
on 16  May 2022, for the periods 2022 -2025, 2026 -2030 and 2031 -2035. These budgets are set in 
terms of net emissions (i.e. gross emissions minus emiss ions removals from forestry and other 
activities) .  
 
Each emissions budget will be supported by an emissions reduction plan (ERP) that contains policies 
and strategies for meeting the emissions budget. The ERP sets out policies and strategies to meet 
the relevant emissions budget. It may also address future emissions budgets that have been notified.  
 
The Government released its first ERP on 16 May 2022. The ERP contains actions to reduce emissions 
in key sectors and ensure that system settings (e.g. funding  and finance, planning and 
infrastructure, research, science, innovation and technology) help New Zealand  achieve its climate 
change objectives. The ERP can be viewed here:  
https://environment.govt.nz/publications/aotearoa -new-zealands -first-emissions -reduction -plan/. 
 
Major actions will be carried out under the ERP over the next few years, including new initiatives 
and the expansion of existing ones:  
 
• increasing access to electric vehicles (EVs), beginning the process of decarbonising heavy 
transport and freight, and  helping more people to walk, cycle and take public transport ; 
• NZD 569 million 'Scrap and replace' scheme for Clean Car programme with 2,500 vehicles 
covered in initial trial ; 
• Supporting businesses to improve energy efficiency and move away from fossil  fuels, such as 
coal, by continuing to roll out the Government Investment in Decarbonising Industry fund to 
the value of NZD 650 million over four years and planning for NZD 330 million in future years ; 
• banning new low - to medium -temperature coal industr ial boilers used by heavy industry, and 
phasing out existing ones by 2037 ; WT/TPR/M/426/Add.1  
 
- 16 - 
 
  • introducing an emissions pricing mechanism for agriculture ; 
• accelerating the delivery of agricultural emissions reduction tools and technologies for farmers 
and farming business es through the establishment of a new Centre for Climate Action on 
Agricultural Emissions ; 
• reducing the amount of waste (including food waste) going to landfills, investing in waste 
infrastructure and expanding landfill gas capture ; 
• establishing native  forests at scale to develop long -term carbon sinks and improve 
biodiversity ; 
• accelerating the supply of woody biomass to replace coal and other carbon intensive fuels and 
materials ; 
• driving mission -led innovation in some of the most challenging parts of the economy through 
Climate Innovation Platforms and the wider research, science and innovation system ; 
• requiring refrigerants to be captured and destroyed when heating and cooling systems reach 
the end of their life ; 
• developing a gas transition pla n to help guide the fossil gas industry to reduce emissions, 
explore opportunities for renewable gases and identify measures that may be required for an 
equitable transition.  
 
The full list of strategies and policies guiding New Zealand 's climate change r esponse and comprising 
the emissions reduction plan can be viewed here:   
https://environment.govt.nz/publications/emissions -reduction -plan-table-of-actions/ .  
 
Actions taken in support of net -zero carbon emissions targets prior to the release of the ERP include:  
 
• ending new offshore oil and gas exploration permits ; 
• accelerating electrification of the transport and industrial sectors ; 
• investing in research to reduce agricultural methane and emerging technologies such as 
green hydrogen ; 
• launching the Green Investment Fund and quadrupling the amount it has available to invest 
in the low carbon technologies ; 
• committing to a Carbon Neutral Government by 2025.  
 
Other tools being employed  
Emissions pricing is an economy -wide tool that supports businesses, households and the public 
sector to incorporate the costs of emitting or the benefits of reducing or removing emissions into 
day-to-day decisions.  
 
New Zealand 's primary emissions pricing tool is the New Zealand  Emissions Trading Scheme 
(NZ ETS). Aligning the NZ ETS with decreasing emissions budgets, along with expectations of a 
rising emissions price, allows it to shape future economic development by flexibly encouraging 
businesses and households to align investment decisi ons and choices with low -emissions 
alternatives.  
 
The NZ ETS creates a price signal by setting a 'cap' – or limit – on emissions and letting participants 
purchase, earn and trade permits for the right to emit ( New Zealand  Units or NZUs). Over time, 
the cap will decrease in line with emissions budgets, reducing the supply of NZUs available for 
auctioning – driving up the incentive for emissions abatement.  
 
Questions  
 
Part III – Trade Policies and Practices by Measure  
Page 58, Table 3.10  
 
In the table " New Zealand  standards, 2015 -2021", it appears there is a significant decrease between 
the years 2017 and 2018 in the number of standards in the Standards New Zealand  catalogue that 
are cited in the legislation or regulations (from 1,335 in 2017 to 852 in 2 018).  
 
Question:  
1. Could New Zealand  explain this decrease in the number of cited standards between 2017 
and 2018? Is the decrease a result of a government policy or directive?  
 WT/TPR/M/426/Add.1  
 
- 17 - 
 
  Response:  
New Zealand  does not hold conclusive information on reasons for t his decrease. It was not a result 
of a government policy or directive.  
 
Questions  
 
Page 62, Paragraph 114  
The report notes the main legislation covering SPS measures, including legislation relating to 
sanitary and phytosanitary measures and the main sanitary and phytosanitary requirements and 
procedures.  
 
Question:  
Does New Zealand  have any planned upcoming sanitary and phytosanitary regulatory initiatives not 
referenced in the TPR reports?  
 
Response:  
Planned regulatory initiatives not referenced in the TPR reports include:  
 
• Review of the Biosecurity Act ; 
• Biosecurity Act Amendment which will require screening of a biosecurity video on flights and 
passenger ships before entering NZ ; 
• Regulations associated with the Agricultural Compounds and Veterinary Medicines Act 1997  
(ACVM) and the Animal Products Act 1999 (APA) ; 
• Development of Standards  under the Joint Food Standards setting system.  
 
Questions  
 
Page 73, paragraph 3.154  
The report outlines that "Zespri has an automatic, but not exclusive, right to export kiwifruit from 
New Zealand  to overseas markets other than Australia. Under the Kiwif ruit Export Regulations 1999, 
private traders can engage in exporting kiwifruit to markets other than Australia in collaboration 
with Zespri, subject to authorization by Kiwifruit New Zealand , an independent regulatory body. 
(Section 3.154)."  
 
Question:  
1. How does New Zealand  ensure that Zespri's automatic right to export kiwifruit to overseas 
markets other than Australia does not unfairly disadvantage private traders wanting to export to 
foreign markets?  
 
Response:  
Zespri, which is a private entity, has  an automatic but not exclusive right to export kiwifruit to 
markets other than Australia. Any person may apply to Kiwifruit New Zealand  to enter into 
collaborative marketing arrangements with Zespri Group Limited for the purpose of increasing the 
overall wealth of New Zealand  kiwifruit suppliers. Applications from prospective exporters are 
assessed and decided on by Kiwifruit New Zealand , an independent regulatory body established 
under the provisions of the Kiwifruit Export Regulations 1999.  
 
The Kiwifruit Industry Restructuring Act 1999 provides for the establishment of rules under which 
Zespri operates, including, but not limited to, t he non -discrimination rule, whereby Zespri must not 
discriminate among kiwifruit suppliers and potential suppliers except on commercial grounds.  
 
Questions  
 
Page 76, paragraph 3.159  
The Report indicates that the Government Procurement Rules, which regulate  different phases of 
the procurement process from planning to the contract award, are mandatory for government 
departments, the New Zealand  Police, the New Zealand  Defence Force, and most of the Crown 
entities. All other government agencies are encouraged but not obliged to follow the Rules.  
 
Question:  
1. Could New Zealand  please provide examples of government agencies that are encouraged 
by not obliged to follow the Government Procurement Rules?  WT/TPR/M/426/Add.1  
 
- 18 - 
 
  Response:  
Government agencies that are encouraged but not obl iged to follow the Government Procurement 
Rules include tertiary institutions, trusts, fish and game councils, state -owned enterprises, and local 
authorities.  
 
More information can be found at: https://www.procurement.govt.nz/about -us/mandate -and-
eligibility/ . 
 
Questions  
 
Page 77, paragraph 3.164  
It is mentioned in the Report that "CCs [Capability Contracts] can be either mandatory or 
voluntary  […]". 
 
Question:  
1. Could New Zealand  please clarify in what circumstances CCs are mandatory?  
 
Response:  
Common Capability contracts (CCs) may be mandatory where there are system -wide benefits from 
participation in these contracts, for example, ICT security requirements or dr iving ICT transformation 
in the delivery of ICT services across Government.  
 
Questions  
 
Page 77, paragraph 3.166  
According to the Report, aggrieved suppliers have different options to seek redress if they believe 
they have been treated unfairly, such as "an independent review or investigation; a mediation or 
alternative dispute resolution; an investigation by the Auditor -General; an investigation by the 
Ombudsman, the State Services Commission, or the Commerce Commission; and court review".  
 
Question:  
1. Could New Zealand  please specify to which court level an aggrieved party could resort if 
judicial proceedings are selected?  
 
Response:  
If judicial proceedings are selected by an aggrieved party, these would be heard by the High Court 
of New Zealand , and an y decision can them be appealed at the New Zealand  Court of Appeal followed 
by the New Zealand  Supreme Court . 
 
Questions  
 
Page 78, paragraph 3.170  
It is mentioned in the Report that besides Government Electronic Tenders Service (GETS) platform, 
"[o]ther me dia can also be used" by procurement entities to advertise contract opportunities that 
are above the thresholds provided in the Government Procurement Rules.  
 
Question:  
1. Could New Zealand  please provide examples of the other media that are used by procur ement 
authorities to advertise contract opportunities?  
 
Response:  
Where a Procurement is covered by the Government Procurement Rules, GETS must be used. 
However, a procuring entity may also notify the opportunity in other media, for example, a relevant 
trade magazine, social media or the entity's own website. This would be in addition to the notification 
on GETS.  
 
Questions  
 
Page 80, Paragraph 3.178  
The Secretariat Report notes that the Technology Incubators program, which initially launched as a 
pilot programme in 2014 with public and private funding, operates with a market -based, profit -WT/TPR/M/426/Add.1  
 
- 19 - 
 
  driven focus and works with IP intensive firms to identify commercially viable IP based ideas or 
technology around which to build a business.  
 
Questions:  
1. Could New Zealand  elaborate on the results of the Technology Incubators program to date? 
For example, is there any data available on businesses that have scaled up internationally?  
2. What does the selection / vetting process for the program look like?  
 
Response:  
1. The 20 14 pilot program is no longer in operation. The refreshed Technology Incubator 
Programme was launched in October 2020, and is comprised of four incubators. To date, over 
800 opportunities for support have been screened – with applications coming from unive rsities, 
Crown Research Institutes and private entrepreneurs. A total of 46 pre -incubation grants and 
19 repayable grants have been provided from these applications.  
 
From the refreshed Programme, the longest -standing company has been operational for about  a 
year and a half, which is still too soon to see any significant scale up.  
 
2. The vetting process for the programme involves a partnership model whereby the tech 
incubators assess the commercial opportunity and a Callaghan Innovation committee assesses  the 
application against policy criteria.  
 
The incubators screen opportunities from public and private IP sources  and go through a stringent 
due diligence process, often using a pre -incubation grant to seek external consultant advice on areas 
such as IP s trength, technical validity, regulatory roadmap, etc. From there, the proposal will be 
reviewed by each incubator's internal investment committee.  
 
Callaghan Innovation's  Committee  reviews all applications and recommendations against the tech 
incubator pol icy/ mandate, then makes an approval/decline decision.  
 
Questions  
 
Page 82, Paragraph 3.182  
The Secretariat Report notes that New Zealand  signed a new FTA with the United Kingdom on 
28 February 2022. The FTA, if it enters into force as planned by the end o f 2022, would oblige 
New Zealand  to make certain changes to its copyright system, including a 20 -year extension of the 
copyright term for authors, performers, and producers; the introduction of an artist resale right 
scheme; and expanded rights for perform ers. 
 
Questions:  
1. Would New Zealand  elaborate further on these changes? In particular, with the term 
extension, is New Zealand  contemplating any accompanying measures to address the potential 
implications of a longer general copyright term, and if so, what types of measures are being 
considered? E.g., measure such as limitations and exceptions or collective licensing solutions 
pertaining to orphan works or out -of-commerce works.  
2. Regarding the introduction of an artist resale right, could New Zealand  share further 
information regarding the timelines and next steps to implement the scheme? In particular, is 
New Zealand  making any  special considerations between the artist resale royalty and Indigenous 
arts and culture? If so, could New Zealand  share any further details?  
 
Response:  
1. The commitment to implement a 20 -year extension for the term of protection for copyright 
and relate d rights includes a 15 -year transition period to implement after entry into force of the 
agreement. At this point in time no decision has been taken by the Government as to when, within 
this 15 -year transition period, the term would be extended.  
 
Also, no  decisions have been taken regarding the implementation of any measures to address the 
potential implications of a longer general term of protection that might pertain to addressing issues 
associated with orphan works and out -of-commerce works. We expect t hat such issues would 
considered as part of the review of the current Copyright Act 1994.  
 WT/TPR/M/426/Add.1  
 
- 20 - 
 
  2. New Zealand 's commitment to implement a reciprocal Artist Resale Royalty scheme under the 
NZ-UK FTA comes with a two -year transition period from entry into force of the agreement. We 
anticipate a Bill establishing the scheme will progress through Parliament in 2023 to meet this 
timeline.  
 
The New Zealand  legislation will make explicit reference to Māori art (toi Māori), recognising the 
importance of toi Māori  and its practices to New Zealand 's cultural and national identity. Seeking 
input from Māori artists will also form a key part of public engagement over the design and 
development of the scheme.  
 
Questions  
 
Page 82, Paragraphs 3.184 & 3.186  
The Secretariat  Report indicates that IPONZ may refer an application for a trademark, geographical 
indication (GI), design, or patent to a Māori Advisory Committee for advice, and that the Plant 
Variety Rights (PVR) Bill pending in Parliament, in line with the Waitangi T ribunal's 
recommendations, proposes establishing a Māori Advisory Committee. The Committee would be 
empowered to, among other things, assess and determine whether a PVR, if granted, could have an 
adverse effect on the kaitiaki (guardian) relationship with the indigenous plant variety or a non -
indigenous plant variety of significance that is the subject of the PVR application, and if so, decline 
the registration of the PVR.  
 
Questions:  
1. Could New Zealand  provide more information on the role of the Māori Ad visory Committee, 
and how it works in conjunction with the Government?  
2. Is the Māori Advisory Committee involved solely in examinations of IP applications, or are they 
also involved in policy and policy -making?  
3. Is there one standing Māori Advisory Com mittee for all IP issues, or is one established as 
needed when certain IP items are being amended?  
4. Could New Zealand  provide any data for the number of applications (trademarks, GIs, patents, 
and plant varieties) that have been referred to the Māori Adv isory Committee?  
5. Could New Zealand  explain the functioning of the Māori Advisory Committee, its decision 
making role in subjecting certain plant varieties to additional requirements, and the relationship to 
Article 5 (2) of the 1991 Act of UPOV?  
6. Part 5, clause 54 of the Plant Variety Protection Bill provides definitions and interpretations of 
"indigenous plant species" and "non -indigenous plant species of significance". Will an exhaustive list 
of plant species categorized under the aforementioned defi nitions be disclosed to the public 
(e.g. Regulations)?  
7. Will the role of the Māori Advisory Committee be limited to decision making in relation to 
"indigenous plant species" and "non -indigenous plant species of significance" only, or can it also 
include other PVR applications that may fall outside this scope, but have the potential to impact a 
kaitiaki relationship?  
 
Response:  
1 – 3. There are currently two Māori Advisory Committees ( MACs ): one which advises on certain 
trade mark, geographical indications and design applications, and one which advises on certain 
patent applications. More information on each is provided below. The MACs are standing committees 
with members appointed by the r espective Commissioners for a set term. Members are required to 
have certain expertise as set out in the respective legislation and Terms of Reference. These 
Committees are purely advisory. There is no requirement that the relevant Commissioner follow 
their advice, though there are no examples in practice of a Commissioner going against such advice.  
 
Trade Marks Māori Advisory Committee  
This Committee is established under the Trade Marks Act 2002. Under this Act, the Commissioner 
of Trade Marks must not re gister a trade mark if, in their opinion, the use or registration of that 
trade mark would be likely to offend a significant section of the community, including Māori. If a 
proposed trade mark is, or appears to be, derivative of a Māori sign, including tex t or imagery, it 
will be referred to the Trade Marks Māori Advisory Committee. The function of the Committee is to 
advise the Commissioner on whether a proposed trade mark is, or is likely to be, offensive to Māori. 
Under the Geographical Indications (Wine  and Spirits) Registration Act 2006, this Committee will 
also consider the same questions in relation to proposed geographical indications. Design 
applications may also be considered by this Committee.  WT/TPR/M/426/Add.1  
 
- 21 - 
 
  Patents Māori Advisory Committee  
This Committee is est ablished under the Patents Act 2013. Under this Act, an invention is not 
patentable if the commercial exploitation of the invention is contrary to (a) public order (in the sense 
of ordre public in Article 27.2 of TRIPS) or (b) morality. The function of the  Patents Māori Advisory 
Committee is to advise the Commissioner of Patents on whether an invention in a patent application 
is derived from Māori traditional knowledge or from indigenous plants or animals and, if so, on 
whether the commercial exploitation o f that invention is likely to be contrary to Māori values.  
 
More information about the MACs can be found on the IPONZ website at 
https://www.iponz.govt.nz/about -ip/maor i-ip/maori -advisory -committees/  and 
https://www.iponz.govt.nz/about -ip/trade -marks/practice -guidelines/current/maori -advisory -
committee -and-maori -trade-marks/ . 
 
As noted, the Plant Variety Rights Bill (which is currently before Parliament) will establish a 
third Committee. Further details on this is provided in New Zealand 's responses to the relevant 
questions.  
 
4. As of December 2021, there have been 10 referrals of patent applications under the Patents 
Act 2013 to the Patents Māori Advisory Committee. The Committee had no objection to seven of 
these, objected to two, and has requested further information in relation to one. In relation to the 
two objections, the applications were eventually abandoned as no response was received from the 
respective applicants following the examination report.  
 
The data for referrals to the Trade Marks Māori Advisory Committee (MAC) for th e last five years is 
as follows (2021/22 data up to end April 2022):  
 
2017/2018: 24,889 applications, of which 460 were referred to the MAC; 47 refused . 
2018/2019: 26,016 applications, of which 788 were referred to the MAC; 57 refused . 
2019/2020: 25,741 ap plications, of which 1,007 were referred to the MAC; 38 refused . 
2020/2021: 28,763  applications, of which 1,218 were referred to the MAC; 41 refused . 
2021/2022 (until end April 2022): 25,218 applications, of which 1,256 were referred to the MAC; 
61 refused . 
 
NB: "Refused" means that the applications did not proceed to registration.  
 
In 2017, there were six domestic geographical indications applications that contained Māori place 
names; these were referred to the Trade Marks MAC. None were considered offens ive to Māori.  
 
Since 2017, 15 design applications have been referred to the Trade Marks MAC. Although none of 
these applications were refused registration, one application was amended to address a concern 
over the potential offensive use of the article to which the design was applied.  
 
5. The Plant Variety Rights ( PVR) Bill (which is currently before Parliament) establishes the Māori 
Plant Varieties Committee ( MPVC ). Any applications for a PVR that involve either (a) an indigenous 
plant species, or (b) a non -indigenous plant species of significance, and where the plant material 
was obtained in New Zealand , will first be referred to the MPVC before consideration by the 
PVR Office against the standard criteria. (These definitions are discussed further in the response to 
Question 6.)  
 
The Waitangi Tribunal (which considers matters relating to breaches of the Treaty of Waitangi) in its 
report ' Ko Aotearoa Tēnei: A Report into Claims Concerning New Zealand  Law and Policy Affecting 
Māori C ulture and Identity' considered New Zealand 's PVR regime. It concluded that the Treaty of 
Waitangi guaranteed kaitiaki (guardianship) relationships with taonga (culturally/spiritually 
significant/treasured) plant species a reasonable degree of protection. The report recommended the 
establishment of a Māori Advisory Committee to consider these matters.  
 
The principal role of the MPVC is to consider the impact the grant of a PVR may have on kaitiaki 
relationships with taonga plant species (being either i ndige nous plant species, or non -indigenous 
plant species of significance to Māori) . The PVR Bill gives the MPVC a decision -making power, and 
sets out a number of factors for it to consider when addressing this question. If the MPVC considers 
that kaitiaki relat ionships will not be impacted by the grant of a PVR – or if any impacts can be 
reasonably mitigated – then the application will proceed to be considered in the usual manner by WT/TPR/M/426/Add.1  
 
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  the PVR Office. However, if the Committee concludes that kaitiaki relationships will be impacted and 
these impacts can't be mitigated, then (subject to any appeals that may follow), the application will 
be refused at that stage.  
 
Article 5(2) of UPOV 91 does not permit any additional criteria to the standard five for the grant of 
a PVR, and the MPVC effectively adds a sixth.  
 
6. 'Indigenous plant species' will be defined as "a native plant species that occurs naturally in 
New Zealand  or has arrived in New Zealand  without human assistance". As there are many thousand 
plant species that  are indigenous to New Zealand  (and much debate as to exactly how many), these 
will not be listed.  
 
The short list of 'non -indigenous plant species of significance' will be published in a Schedule to the 
new Plant Variety Rights Regulations .  
 
7. The MPVC will only be considering PVR applications where the candidate variety is derived 
either from an indigenous plant species or a non -indigenous species of significance (and where the 
plant material was obtained in New Zealand ). 
 
Questions  
 
Pages 82 and 83, Pa ragraphs Paras 3.185 – 3.186  
Para 3.185 of the Secretariat Report refers to the Government and Māori working together to address 
the protection, use, and development of mātauranga Māori and other taonga (Māori traditional 
knowledge and Māori treasured poss essions). Para 3.186 also refers to the government considering 
a recommendation that the tangible and intangible expressions of Māori artistic and cultural 
traditions should be addressed through a new sui generis legal regime.  
 
Questions:  
1. Could New Zealand share further details about this work, in particular the government 
approach to protect traditional knowledge and treasured possessions, including the new work on the 
IP policy and legal system for the protection of Māori knowledge and cultural posses sions?  
2. Additionally, could New Zealand  share more about the current status, timelines and next steps 
related to the Waitangi Tribunal's recommendation that the tangible and intangible expressions of 
Māori artistic and cultural traditions should be addressed through a new sui generis legal regi me? 
 
Response:  
In April 2019 the New Zealand  Government agreed to progress the development of a whole -of-
government strategy to address the issues set out in the Wai 262 claim and subsequent Waitangi 
Tribunal report, Ko Aotearoa Tēnei (more information about the report is available at 
https://waitangitribunal.govt.nz/news/ko -aotearoa -tenei-report -on-the-wai-262-claim -released/ ). 
This programme of work is called Te Tumu mō te Pae Tawhiti (Te P ae Tawhiti). In February 2022, 
the Government agreed to refocus the work programme into several major workstreams. These 
include:  
 
System levers – the structures, relationships, frameworks and resources to give effect to change  
 
• A sui generis intellectu al property policy and legal system for mātauranga Māori1 and other 
taonga .2 
• Strengthened approach to how the Research, Science and Innovation System enables and 
protects mātauranga Māori.  
• Evaluation framework to measure outcomes related to mātauran ga Māori.  
 
 
1 "Mātaura nga Māori " literally means Māori knowledge and is a modern term for the traditional 
knowledge of the Māori people of New Zealand . Māori traditional knowledge is multi -disciplinary and holistic, 
and there is considerable overlap between concepts.  
2 "Taonga " includes, tangible and intangible cultural and/or spiritual treasures.  WT/TPR/M/426/Add.1  
 
- 23 - 
 
  Domestic levers – applying a Te Pae Tawhiti approach to systems across taonga works, taonga taiao3 
and all other taonga  
 
• Development of a bioprospecting regime that considers the potential for New Zealand  to 
become party to the Nagoya Protoc ol.  
• Exploring biodiversity incentives to support Te Mana o te Taiao – Aotearoa New Zealand  
Biodiversity Strategy 2020 . 
• Protection and promotion of key mātauranga collections . 
• Continuing to progress the revitalisation of te reo Māori (Māori language) . 
• Review of the Wildlife Act 1953 and partial review of the National Parks and Conservation 
General Policies.  
 
International levers – enabling effective Māori and New Zealand  engagement internationally  
 
• Māori engagement in international instruments and for a.  
• Pōkai Ao (a program of learning in San Francisco for young Māori) and Indigenous 
Collaboration Arrangements.  
 
Te Puni Kōkiri (the Ministry for Māori Development) is the lead agency for Te Pae Tawh iti and is 
working closely with other agencies, Māori including the original Wai 262 claimants, and relevant 
experts to ensure improved outcomes are delivered alongside Māori.  
 
The development of a sui generis system for the protection and recognition of Mātauranga Māori 
and other taonga is currently being progressed by Te Puni Kōkiri. The current timeline involves the 
policy design for the new framework to be completed by mid -2023.  
 
Questions  
 
Page 97, Paragraph 4.27  
The Secretariat Report states that, u nder the 2020 Climate Change Response (Emissions Trading 
Reform) Amendment Act, biogenic emissions from agriculture will be priced by 2025.  
 
Question:  
1. Could New Zealand  clarify how biogenic emissions are treated differently than other emissions 
and when or if pricing for different emission sources will converge?  
 
Response:  
Historically, biogenic emissions from the agriculture sector have not been subject to surrender 
obligations in the New Zealand  Emissions Trading Scheme (NZ ETS). Under the 2020 Climate Change 
Response (Emissions Trading Reform) Amendment Act, the governmen t committed to work with the 
agriculture sector to design an alternative emissions pricing mechanism for biogenic emissions from 
the agricultural sector, and to implement agricultural emissions pricing by 2025.  
 
As part of the process, the He Waka Eke Noa  Primary Sector Climate Action Partnership (the 
Partnership) was established as a partnership between government, the primary sector, and 
iwi/Māori to equip farmers and growers to measure, manage, and reduce on -farm agricultural 
greenhouse gas emissions an d adapt to climate change. This is to enable sustainable food and fibre 
production for future generations. The partnership is working together to develop recommendations 
on an appropriate farm -level emissions pricing mechanism and will deliver recommendati ons on an 
alternative pricing mechanism for agriculture to the government in May 2022.  
 
Key differences in the treatment of biogenic emissions in the Partnership's alternative pricing 
mechanism could include: proposing a levy/tax -based system (rather than  requiring participants to 
trade emission units), and proposing separate levy rates for long - and short -lived gases to recognise 
the different behaviours of these gases and different emission reduction targets in legislation.  
 
To make final decisions on th e design of a pricing mechanism for biogenic emissions from agriculture, 
Ministers will compare the proposed alternative pricing mechanism(s) with what could be achieved 
through the NZ ETS, and consider advice from the Climate Change Commission. If an alte rnative 
 
3 Treasures from the natural world, including animals and plants.  WT/TPR/M/426/Add.1  
 
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  pricing mechanism is considered preferable to the NZ ETS, these pricing systems will not converge. 
Decisions on this will be made by the end of 2022.  
 
The He Waka Eke Noa website is available here: https://h ewakaekenoa.nz/  
 
Questions  
 
Page 101, Paragraph 4.49  
The report notes that New Zealand 's Crown Minerals (Petroleum) Amendment Act of 2018 notes that 
no further offshore oil and gas exploration permits will be granted and that onshore permits are 
limited to  the Taranaki Region only.  
 
Question:  
1. Could New Zealand  indicate what are the projected effects of this regulation on New Zealand 's 
emissions levels in line with its commitments to reduce GHG emissions by 50% below 2005 levels 
by 2030, and reaching net zero by 2050?  
 
Response:  
The projected emissions impact of that policy has not been formally estimated, i.e. it was not 
assessed in New Zealand 's 4th Biennial Report United Nations Framework Convention on Climate 
Change. Policies that on their  own only target the domestic supply side and not the demand side 
could have a negligible impact on emissions, since  fuel imports can increase and fuel switching can 
occur.  
 
QUESTIONS REGARDING THE GOVERNMENT REPORT  
 
Questions  
 
Page 11, Para. 3.18  
In the report from the government of New Zealand , Para. 3.18 notes that the Agreement between 
New Zealand  and the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu on 
Economic Cooperation (ANZTEC) includes an Indigenous cooperation chapter. A dditionally, the 
report notes that the NZ -UK FTA includes cooperation provisions in the Intellectual Property Chapter 
related to Indigenous interests.  
 
Question:  
1. Could New Zealand  elaborate on these cooperation mechanisms, including the areas of 
coopera tion covered and the mechanisms for Indigenous involvement? In particular, the areas of 
cooperation related to IP?  
 
Response:  
The Indigenous cooperation chapter in the ANZTEC Agreement focuses includes cooperation 
provisions on cultural issues related to the Parties' indigenous peoples. It does not deal with 
intellectual property.  
 
The NZ -UK FTA has only recently been concluded, and is not yet in force. As a result, mechanisms 
for cooperation have not yet been developed. However, areas of cooper ation will include enhancing 
understanding of the relevance of intellectual property and traditional knowledge to each other and 
of matters of interest to Māori relating to intellectual property, traditional knowledge, genetic 
resources and traditional cul tural expressions.  
 
New Zealand  and the UK have also agreed to cooperate in relation to their respective activities at 
the World Intellectual Property Organization (WIPO) Intergovernmental Committee on Genetic 
Resources, Traditional Knowledge and Folklore (IGC) in working towards a multilateral outcome.  
 
Questions  
 
Page 17, Paragraph 5.17  
The report notes that New Zealand  has no support measures that encourages wasteful consumption 
of fossil fuels, however hydrocarbons continue to be New Zealand 's main sour ce of primary energy 
(according to the Secretariat report). Based on the Secretariat report, page 100, para 4.43, WT/TPR/M/426/Add.1  
 
- 25 - 
 
  "Hydrocarbons continue to be New Zealand 's main source of primary energy and an important source 
of GHG emissions" . 
 
Question:  
1. What measur es, if any, does New Zealand  have to support transitional fuel sources like LNG 
or hydrogen, given that New Zealand 's energy mix still consists of a combination of traditional, 
transitional and renewable sources?  
 
Response:  
On 16 May 2022 the Government re leased an Emissions Reduction Plan. The plan includes a focus 
area on low emissions fuels to reduce New Zealand 's reliance on fossil fuels and support the switch 
to low emissions fuels. Actions under this focus area include:  
 
• Developing a gas transition plan by 2023. The plan will set out a transition pathway for the 
fossil gas industry, explores opportunities for renewable gases and ensures an equitable 
transition.  
• Investigating low -emissions energy supply options for renewable gas and bioenergy to support 
future emissions reduction.  
• Developing a roadmap for hydrogen in New Zealand  by 2023. This will build on the 'A Vision 
for Hydrogen in New Zealand ' green paper to set a strategy guiding investment in hydrogen 
and maximising economic benefits and emissions reductions.  
• Reviewing and evaluating of current hydrogen regulatory settings to ensure they are fit -for-
purpose for new hydrogen technologies and novel applications of hydrogen, and consistent 
with international best practice standards.  
 
New Zealand 's Emission Reduction Plan is available here:  
https://environment.govt.nz/assets/publications/Aotearoa -New-Zealands -first-emissions -
reduction -plan.pdf . 
 
The 'A Vision for Hydrogen in New Zealand ' green paper is available here:  
https://www.mbie.govt.nz/building -and-energy/energy -and-natural -resources/energy -strategies -
for-new-zealand/a -vision -for-hydrogen -in-new-zealand/ . 
 
Questions  
 
Page 17, Paragraph 5.21  
The Government Report outlines New Zealan d's leadership with the Agreement on Climate Change, 
Trade and Sustainability. The Agreement seeks to liberalize trade in environmental goods and 
services, develop binding disciplines to eliminate harmful fossil fuel subsidies, and develop best -
practice gu idance for voluntary eco -labelling schemes. This plurilateral initiative will be opened to 
WTO Members once concluded.  
 
Question:  
1. Could New Zealand  provide insights into the progress on ACCTS?  
 
Response:  
Constructive progress has been made to date in th e ACCTS negotiations. Eight virtual rounds have 
been held, with the ninth round underway. All working groups are engaged in text -based 
negotiations. Work is also advanced in identifying environmental goods and services for 
liberalisation. ACCTS Ministers h ave reiterated their desire for negotiations to be concluded as swiftly 
as possible.  
 
Questions  
 
Page 22, Para 7.11  
The Government Report mentions a Labour Mobility Arrangement, signed alongside PACER Plus, that 
promotes regional labour mobility, "lowering barriers and providing greater certainty for 
New Zealand  businesses and investors" . 
 WT/TPR/M/426/Add.1  
 
- 26 - 
 
  Question:  
1. Could New Zealand  please provide examples of the barriers to labour mobility lowered under 
PACER Plus and the accompanying Labour Mobility Arrangement that would otherwise impede the 
movement of skilled professionals and investors into New Zealand ? 
 
Response:  
Alongside the PACER Plus Agreement (signed in 2017), an accompanying Arrangement on Labour 
Mobility (LMA) was agreed, which includes all 11 signatories to the broader Agreement. The LMA is 
a non -binding political agreement which provides the framework and po licy space for enhancing and 
coordinating labour mobility activities in the region, as opposed to lowering barriers or delivering 
specific commitments around labour migration.  
 
The benefits of PACER Plus vis -à-vis "lowering barriers and providing greater certainty  for 
New Zealand  businesses and investors" are delivered elsewhere in the Agreement. The Agreement 
includes a short section on the Movement of Natural Persons.  
 
Under the LMA, New Zealand  has committed to:  
 
• enhancing existing labour mobility pr ogrammes to maximise the development benefit;  
• exploring expanded opportunities in new occupational areas; and  
• strengthening Pacific labour mobility through e.g.: building labour supply capacity; 
institutional, legislative and regulatory strengthening; facilitating the recognition of 
qualifications; and facilitating intra -regional labour mobility.  
 
Importantly, the LMA establishes the Pacific Annual Meeting on Labour Mobility (PLMAM), the primary 
mechanism through which regional cooperation will be adva nced and key elements of cooperation 
set out in the LMA addressed. These include:  
 
• enhancing existing labour mobility schemes and exploring opportunities for new labour 
mobility;  
• building institutional capacity of agencies that manage labour mobility;  
• promoting and improving current visa categories to facilitate greater circulation of temporary 
workers;  
• tertiary vocational education and training; and  
• recognition of qualifications and registration of occupations.  
 
The PLMAM brings together Pacific Partners and regional stakeholders to advance labour mobility 
priorities, discuss opportunities and constraints, and progress implementation of the LMA. It a lso 
constitutes an important opportunity for Pacific partners to discuss operational improvements to 
existing schemes. While the focus is largely on Australia and New Zealand  and circular labour 
mobility, there is room for a greater focus on intra -regional  mobility opportunities too. Australia and 
New Zealand  have committed to fund the PLMAM, and signatories to the LMA take turns hosting the 
meetings. A Labour Mobility Secretariat has been stood up within the PACER Plus Implementation 
Unit, which is tasked with facilitating PLMAM.  
 
Under the terms of the LMA, an independent evaluation must be commissioned  to assess whether 
the objectives of this Arrangement are being met within five years of its signature. Timeframes for 
the evaluation are yet to be determin ed.  
 WT/TPR/M/426/Add.1  
 
- 27 - 
 
  CHILE  
Secretariat Report  
 
Questions  
 
1 ENTORNO ECONÓMICO  
 
Párrafo 1.4, p. 12 -131 
"El comercio internacional desempeña un importante papel en la economía neozelandesa, aunque 
cada vez menos: el comercio de mercancías (exportaciones e importaciones), como porcentaje del 
PIB, disminuyó del 40,7% en 2014/2015 al 35,3% en 2020/2021. Esta caída se debe en parte a los 
efectos negativos de la pandemia de COVID -19 tanto en las exportaciones como en las importaciones 
de bienes y servicios. El exiguo tamaño de la economía neozelandesa, la distancia que separa al país 
de los mercados y los proveedores, y la limitada participación en las cadenas de valor mundiales 
(CVM). —a excepción de las CVM de los sectores de los alimentos y lo s productos agropecuarios — 
también reducen la capacidad de las empresas para explotar las economías de escala y para 
exportar. En 2020, Nueva Zelandia ocupó el puesto 37 entre los exportadores de mercancías de todo 
el mundo y el 40 entre los importadores ( considerando a los Estados miembros de la Unión Europea 
en su conjunto y sin incluir el comercio intra -UE). Las exportaciones de servicios, principalmente de 
servicios de viajes, son también una fuente importante de ingresos en divisas. En el comercio de 
servicios, Nueva Zelandia ocupó el puesto 30 entre los exportadores y el 34 entre los importadores".  
 
Pregunta : El párrafo 1.4 indica que "El exiguo tamaño de la economía neozelandesa, la distancia 
que separa al país de los mercados y los proveedores, y la limitada participación en las cadenas de 
valor mundiales (CVM). —a excepción de las CVM de los sectores de los alimentos y los productos 
agropecuarios — también reducen la capacidad de las empresas para explotar las economías de 
escala y para exportar". Al respecto, Chile agradecería a Nueva Zelandia compartir información sobre 
la existencia de políticas públicas o programas de gobierno que busquen mejorar su posicionamiento 
en las cadenas globales de valor, promocionado la agregación de valor en sus exporta ciones.  
 
"International trade plays an important role in the New Zealand  economy, although less and less: 
the trade of goods (exports and imports), as percentage of the GDP, decreased from 40,7% in 
2014/2015 to 35,3% in 2020/2021. This fall is partly due to the negative effects of the COVID -19 
pandemic both in exports as in im ports of goods and services. The meagre size of the New Zealand  
economy, the distance that separates the country from markets and suppliers, and the limited 
participation in world value chains (WVC) – excepting the WVC from the food sector and the 
agricult ural products – also reduces the capacity of the companies to exploit scale economies and to 
export. In 2020, New Zealand  was ranked #37 among exporters of merchandises worldwide and 
#40 among importers (considering to member States of the European Union a s a whole and 
excluding the internal EU trade). Exports of services, mainly travel services, are also an important 
source of foreign exchange earnings. In the trade of services, New Zealand  was ranked #30 among 
the exporters and #34 among importers".  
 
Question : Paragraph 1.4 indicates that "the meagre size of the New Zealand  economy, the distance 
that separates the country from markets and suppliers, and the limited participation in world value 
chains (WVC) – excepting the WVC from the food sector and the agricultural products – also reduces 
the capacity of the companies to exploit scale economies and to export". In this regard, Chile would 
thank if New Zealand  could share information about the existence of public policies or government 
programmes that aims  to improve its positioning in the global value chains, promoting the value 
addition on its exports.  
 
Response:  
The New Zealand  government provides support to help firms strengthen their international 
connections through a wide range of different mechanisms and agencies, helping to overcome some 
of the particular challenges our firms face internationalising, including being distan t from centres of 
global economic activity.  
 
 
1 En relación con esta pregunta, la citación de las páginas de los respectivos párrafos corresponde a la 
versión del informe distribuida en español  WT/TPR/M/426/Add.1  
 
- 28 - 
 
  Government -provided internationalisation support includes system -wide support and firm -level 
support from a range of providers including New Zealand  Trade & Enterprise, the Ministry for Primary 
Industry, the Mi nistry of Foreign Affairs & Trade, Treasury, the Ministry of Business, Innovation and 
Employment, Callaghan Innovation, New Zealand  Story, among others. Support can be grouped into 
five broad categories:  
 
1. Firm capability – support to increase a firm's a bility to internationalise, generally through 
training and development programmes.  
2. Market information and connections – support to increase a firm's understanding of 
international markets and to foster connections between a firm and individuals, firms or 
organisations within international markets.  
3. Market access – support to enable firms to access international markets through measures 
such as trade agreements to provide and maintain access or remove tariffs or direct government 
assistance with non -tariff barriers.  
4. Finance – support to grow international capabilities across domestic firms through financial 
instruments, for example trade credit insurance and financial guarantees.  
5. Other non -financial support – other support to increase the internat ionali zation of firms, 
including direct assistance with internationalisation, facilitating technology transfer, or promotional 
activities.  
 
Government -provided support for internationalisation is currently being reviewed.  
 
Questions  
 
2 TRADE AND INVESTMENT  REGIMES  
2.4 Foreign Investment Regime  
2.4.1 Regulatory framework  
 
Paragraph 2.43, p. 34  
"Foreign investment is generally permitted without restrictions, although there are some exceptions 
applying notably to investments involving: (i) assets deemed as sensitive; and (ii) since the reforms 
of 2020, businesses deemed as strategically important.  Under the Overseas Investment Act 2005 
(and subsequent reforms), foreign investments in sensitive assets are subject to a screening 
mechanism that was perceived as overly complex prior to the reform. Sensitive assets are defined 
according to three broad c ategories:  
• Sensitive land, which includes non -urban land over five hectares; land adjoining sensitive areas, 
such as the foreshore and seabed; and since the reforms of 2018, residential and lifestyle lands;  
• Significant business assets, which generall y comprise investments worth more than 
NZD 100 million or accounting for 25% or more of the equity (or control interest) of a New Zealand  
entity; and  
• Fishing quota, which refers to shares or assets in any entity that owns a fishing quota."  
 
Question : In accordance with paragraph 2.43., "Foreign investment is generally permitted without 
restrictions, although there are some exceptions applying notably to investments involving: 
(i) assets deemed as sensitive  …". In addition, the same paragraph indicates that sensitive assets 
include three main categories: Sensitive land, Significant business assets and Fishing quotas. In this 
regard, Chile would appreciate if New Zealand  could further elaborate on any higher threshold, fast 
track or exclusion fr om the screening mechanisms explained, to countries that have signed FTAs or 
BITs with New Zealand  in the past, and if there is any difference on this treatment or language 
envisaged for future New Zealand 's Agreements.   
 
Response:  
Higher screening thresholds for significant business assets have been negotiated with a number of 
economies under their FTAs with New Zealand . In addition, clauses in New Zealand 's Closer 
Economic Relations Agreement with Australia and our Closer Economic Partnership Agreement with 
Singapore mean that they are not subject to OIA screening when purchasing residential land. There 
is no fast track mechanisms relating to OIA screening under any FTA or BIT.  
 
New Zealand  has no higher threshold, fast track or ex clusion from the screening mechanisms for 
investment in fishing quota or Annual Catch Entitlement for investors from Parties with FTAs or BITs 
with New Zealand . No changes to this policy are anticipated.  
 WT/TPR/M/426/Add.1  
 
- 29 - 
 
  Questions  
 
3 TRADE POLICIES AND PRACTICES BY MEASUR E 
3.1 Measures Directly Affecting Imports  
3.1.6 Anti -dumping, countervailing, and safeguard measures  
 
Paragraph 3.54, p. 49  
"On 29 May 2017, the Dumping and Countervailing Duties Act 1988 No. 158 was amended to provide 
for a public interest assessment in t he application of anti -dumping and countervailing duties. The 
name of the Act became the Trade (Anti -dumping and Countervailing Duties) Act 1988. Otherwise, 
no noticeable changes were made during the review period to New Zealand 's legislation and 
institutional framework on anti -dumping, countervailing, and safeguard measures".  
 
Question : Paragraph 3.54 mentions that "On 29 May 2017, the Dumping and Countervailing Duties 
Act 1988 No. 158 was amended to provide for a public interest assessment in the  application of anti -
dumping and countervailing duties". In this regard, Chile would appreciate if New Zealand  could 
share further details on how this "public interest assessment in the application of anti -dumping and 
countervailing duties" is performed. I n addition, Chile would appreciate if New Zealand  could indicate 
who could participate in the assessment, and in which part of the investigation process would it be 
applied.  
 
Response:  
The Trade (Anti -dumping and Countervailing Duties) Act 1988 (the Act) p rovides that following 
step 1 of an investigation by the investigating authority, the Ministry of Business, Innovation and 
Employment (MBIE), the Minister of Commerce and Consumer Affairs (the Minister) shall determine 
whether the dumping or subsidisation of imports is causing injury to the domestic industry. If that 
determination is affirmative, then the Minister must direct MBIE to conduct step 2 of the 
investigation, which involves a 90 -day assessment to determine whether the imposition of the duty 
is in the public interest, and determine the rates of anti -dumping duty that will provide the basis for 
step 2 of the investigation.  
 
The Act provides that imposing the duty is in the public interest unless the cost to downstream 
industries and consumers of im posing the duty is likely to materially outweigh the benefit to the 
domestic industry of imposing the duty.  
 
The step 2 investigation will include consideration of the effect of the duty on:  
 
• the prices of the dumped or subsidised goods and on like goods produced in New Zealand;  
• the choice or availability of similar goods ; 
• product and service quality ; 
• the financial performance of the domestic industry ; 
• employment levels.  
 
The investigation will also consider:  
 
• whether there is an alternative supply (domestically or internationally) of similar goods 
available ; 
• any other factor considered essential to ensure the existence of competition in the market.  
 
The investigation is un dertaken by seeking information and submissions from all affected parties, 
including interested parties in step 1 of the investigation, on the matters to be investigated. The Act 
requires that written advice of the preliminary findings that are likely to f orm the basis for a 
determination by the Minister are to be provided to parties within 60 days of starting step 2 of the 
investigation. Submissions on the preliminary report are taken into account in the preparation of 
MBIE's final report to the Minister.  
 
The Minister must make a final determination within 90 days after the start of step 2 of the 
investigation on whether imposing the anti -dumping or countervailing duty is in the public interest.  
Similar procedures apply in the case of full reviews.  
 
The Ac t requires that all parties considered to be significantly affected by imposing the duty are to 
be given a reasonable opportunity to present all evidence relevant to the investigation.  WT/TPR/M/426/Add.1  
 
- 30 - 
 
  This includes notified parties, who are defined in the New Zealand  legislation as the Government of 
the country of export; exporters and importers which have an interest in the goods; and the applicant 
in relation to the goods, and other affected parties, including downstream industries and consumers. 
The terms "downstream in dustries" and "consumers" are defined in the legislation.  
 
The public interest assessment is applied following a determination by the Minister that the dumping 
or subsidisation of imports is causing of threatening to cause injury to the domestic industry ( Step 1 
of the investigation). Step 2 of the investigation is the public interest assessment.  
 
Questions  
 
Paragraph 3.57, p. 49 -50 
"Under the New Zealand -Singapore Closer Economic Partnership Agreement, New Zealand  and 
Singapore may take anti -dumping and countervailing action against each other. However, in the 
case of anti -dumping, this agreement provides for a higher de minimis dumping margin and a higher 
"negligible imports" volume threshold. In addition, anti -dumping and countervailing duties will cease 
after three years unless reviewed, rather than five years as provided for under WTO rules".  
 
Question : Paragraph 3.57 indicates that the New Zealand -Singapore Closer Economic Partnership 
Agreement provides for a higher de minimis dumping margin and a higher "negligible imports" 
volume threshold. In this context, Chile would appreciate if New Zealand  could specify which would 
be the de minimis dumping margin and the threshold for "negligible imports" volume provide d in 
this Agreement.  
 
Response:  
The New Zealand -Singapore Closer Economic Partnership Agreement provides for a higher 
de minimis  dumping margin of 5 % and a higher "negligible imports" volume threshold of 5 %. 
 
Questions  
 
Paragraph 3.142, p. 69  
"There is a voluntary merger notification system in New Zealand . The Commerce Commission has 
the power to clear a proposed merger if it is satisfied that the transaction is unlikely to have the 
effect of substantially lessen competition in a market in New Zealand . An anti -competitive business 
acquisition can likewise be voluntarily notified to the Commerce Commission, and authorized by it if 
the Commission finds that the resulting public benefits from the acquisition are likely to outweigh its 
anti-competit ive effects. Firms can proceed with a merger without seeking clearance or authorization 
from the Commerce Commission. However, if the Commission finds that a non -notified completed 
merger is likely to have the effect of substantially lessening competition in a market, the Commission 
has the power to take enforcement action, including applying to the court for divestments and 
penalties against companies and individuals".  
 
Question : Regarding paragraph 3.142, Chile would appreciate if New Zealand  could clari fy if, in the 
context of a mergers review, a proposed merger is notified (voluntarily), ¿Do the relevant firms must 
wait until being cleared by the Commerce Commission?  
 
Response:  
If the acquirer wants the Commerce Commission to clear or authori ze their tr ansaction, then they 
must wait until clearance or authorisation is granted before closing the transaction.  
 
This is because the Commission can only grant clearance to anticipated acquisitions. If the 
acquisition completes, or if it becomes unconditional ( thereby giving the acquirer a "beneficial 
interest" in the target) before the Commission has made its decision, the Commission no longer has 
jurisdiction to grant clearance or authorisation.  
 
So, while acquirers are not legally prohibited from proceeding with a merger prior to the Commission 
granting clearance or authorisation, in practice they do not close ahead of the Commission's decision, 
and make closing transactions conditional upon the Commission granting clearance or authorisation 
(so as to avoid o btaining a beneficial interest before the Commission's review is complete).  
 WT/TPR/M/426/Add.1  
 
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  Questions  
 
3.3.6 State trading, state -owned enterprises, and privatization  
 
Paragraph 3.154, p. 73  
"According to New Zealand 's latest notification pursuant to the provisions of Article XVII:4(a) of the 
GATT 1994 and paragraph 1 of the Understanding on the Interpretation of Article XVII, Zespri Group 
Limited (Zespri) remains the only state trading enterprise in operation in New Zealand . Zespri has 
an automatic, but not exclusive, right to export kiwifruit from New Zealand  to overseas markets 
other than Australia. Under the Kiwifruit Export Regulations 1999, private traders can engage in 
exporting kiwifruit to markets other than A ustralia in collaboration with Zespri, subject to 
authorization by Kiwifruit New Zealand , an independent regulatory body. There is no need for private 
traders to seek for such authorization to export kiwifruit to Australia. The Commerce Commission 
regulate s markets where there is little or no competition (Section 3.3.4)."  
 
Question : Regarding paragraph 3.154, Chile would appreciate if New Zealand  could indicate if the 
Commerce Commission have the authority to investigate actions related to Zespri that would  affect 
a market in New Zealand .  
 
Response:  
The Commerce Commission has the authority to investigate actions related to Zespri that would 
affect a market in New Zealand .  
 
Questions  
 
4 TRADE POLICIES BY SECTOR  
4.4 Services  
4.4.1 Financial services  
 
Paragraph 4.69, p. 105  
"The main challenges facing New Zealand 's financial sector include the rapid increase in housing 
prices over the past 18 months to above what appears to be sustainable, increasing the chance of a 
correction. Also, recent bu yers are borrowing more relative to their income, and may be vulnerable 
to higher mortgage rates or a fall in house prices. Another important risk is that posed by climate 
change. The RBNZ sees climate change as a risk to financial stability, given its ass ociated physical 
and transitional risks. In recent years, for example, the costs of weather -related catastrophes in 
New Zealand  have been rising. During the review period, New Zealand  experienced some of its most 
costly tornados, floods, hailstorms, and fi res. For insurance companies, this implies increasing 
claims, leading to situations where insurance cover might become more expensive or unavailable, 
as it would no longer be commercially viable".  
 
Question : Paragraph 4.69. indicates that "The main challe nges facing New Zealand 's financial 
sector include the rapid increase in housing prices over the past 18 months to above what appears 
to be sustainable, increasing the chance of a correction." In this context, Chile would be grateful if 
New Zealand  could s hare if there are any programmes or policies in place to address this challenge.  
 
Response:  
New Zealand  has tightened macroprudential policy to address specific concerns around high -risk 
lending to recent buyers in the housing market and the sustainability  of house prices. 
Macroprudential policies reduce the build -up of risks on borrowers and banks' balance sheets, 
thereby helping to mitigate the scale of economic downturns. In May last year, the government 
tightened loan -to-value ratio (LVR) restrictions o n investors to allow a maximum of 5 % of new 
lending at LVRs above 60 percent. In addition, from November last year the maximum share of new 
lending to owner -occupiers with LVRs over 80 % was reduced from 20 % to 10%. These adjustments 
are limiting a build -up of homeowners at risk from a fall in house prices.  
 
Low interest rates during the COVID -19 pandemic saw debt servicing costs decline, increasing 
borrowing capacity and the share of new lending at high debt -to-income (DTI) ratios. Following 
recent consultation, the government is proceeding to design a framework for operationalising DTI 
restrictions. Government analysis indicates that first -home buyers would be the least impacted by a 
DTI restriction, with investor s impacted the most as they tend to borrow at higher DTIs than other WT/TPR/M/426/Add.1  
 
- 32 - 
 
  groups on average. It is intended that the framework be finalised by late 2022, so that restrictions 
could be introduced by mid -2023 if required.  
 
Government Report  
 
Questions  
 
7 BILATERAL AND REGIONAL TRADE AGREEMENTS  
 
Paragraphs 7.1 and 7.2, p. 20 -21 
"Complementing New Zealand 's core commitment to the WTO and global trade integration, 
New Zealand  pursues comprehensive and high -quality FTAs at the bilateral, regional and plurilate ral 
levels. These build on WTO rules to promote ambition and future multilateral liberalization. FTAs also 
help achieve the government's economic growth and diversification goals, by providing new 
opportunities and reducing costs and barriers for businesse s and exporters.  
 
New Zealand  has ratified 15 high quality, comprehensive FTAs. In June 2021, these agreements 
covered 69% of New Zealand 's exports and 63% of its imports. These figures increase to 82% of 
exports and 86% of imports when including FTAs und er negotiation or not yet in force. Since 2015, 
New Zealand  has ratified five new agreements and one upgraded agreement, concluded one further 
agreement upgrade which will enter into force in April 2022, and reached one agreement in 
principle".  
 
Question : Paragraphs 7.1 and 7.2 mentions New Zealand 's participation in regional and bilateral 
FTAs. Regarding these Agreements, Chile would appreciate if New Zealand  could share information 
of the process through which they are incorporated to its national legislation. In addition, Chile would 
appreciate if New Zealand  could share information regarding the process of incorporation of the 
decisions made by the Administ rative Bodies of these Agreements, to New Zealand ´s national 
legislation.  
 
Response:  
The process of ratifying a free trade agreement (an international treaty) is set out on the 
New Zealand  Parliament website, here: https://www.parliament.nz/en/visit -and-learn/how -
parliament -works/fact -sheets/parliament -s-role-in-international -treaties .  
 
Under our legal system, New Zealan d does not incorporate free trade agreements into our domestic 
law per se – instead, our laws and regulations are amended, where necessary, to implement 
New Zealand 's obligations under trade agreements. Similarly, New Zealand  does not incorporate 
into its domestic law decisions made by the administrative bodies established under our free trade 
agreements. If necessary, New Zealand  amends its laws/regulations to implement any new 
obligations or other commitments.  
 WT/TPR/M/426/Add.1  
 
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  CHINA  
Secretariat Report  
 
Questions  
 
Page 56, Para 3.91  
In its latest notification to the WTO, New Zealand  reported 3 subsidy schemes (down from 
11 programmes in 2011) that aim to promote R&D, industry innovation, business capabilities, jobs, 
sustainable economic development, and environmental sustainability (Table 3.9).  
 
Question:  
1. Please elaborate on the considerations and standards for setting subsidy schemes related to 
environmental sustainability.  
 
Response:  
While the three programs listed in New Zealand 's latest Subsidy and Countervailing measures 
notification introduce elements of environmental benefits and sustainability, they are not directly 
aimed at environmental sustainability. An example is the Sustainable Food and Fibre Future (SFFF), 
included in our 2021 SCM notification. The SFFF was established to fund transformative programmes 
through partnerships and grants to create more value, develop capability and deliver economic, 
social, cultural and environmental benefits. In selecting progr ammes based on the extent of 
sustainable benefits relative to the commercial returns, the government also examined the degree 
to which the projects delivered economic, environmental and social benefits in a sustainable way. 
Assessment of the extent to whic h individual projects contributed to environmental sustainability 
was undertaken on a case -by-case basis, in consultation with relevant Ministries.   
 
Question:  
1. How does New Zealand  carry out safety risk assessment on the categorization of HRI and IRI 
foods? Will the data of relevant scientific researches be applied to other aspects, such as the 
amendment of standards and technical regulations?  
 
Response:  
HRI and IRI categorisation, and the associated risk management measure, are regulatory standards . 
Both are issued as a Food Notice under the Food Act 2014 . Where necessary, guidance may be 
issued also be issued.  
 
Risk assessments that inform HRI and IRI categorisation of foods (categories that can require border 
clearance or have other controls) are on a case-by-case basis. The risk assessment will include 
technical information to develop controls where these would be effective and technically justifiable.  
 
The Scientific research that is commissioned for the development of HRI/IRI categories can be used 
for other purposes where it is scientifically appropriate.  
 
Questions  
 
Page 48, Para3.48  
New Zealand  applies excise taxes on imported and locally produced goods made of or containing: 
(i) alcohol and alcohol products; (ii) tobacco and tobacco products; and (iii) fuels such as motor 
spirit, compressed natural gas (CNG), and liquefied petroleum gas (LPG).  
 
Questions:  
2. Please describe the scope of application for the tax policy mentioned in Para3.48.  
3. Please describe the tariff policy on imports of new tobacco products and related components.  
 
Response:  
2. Excise (on domestically manufactured goods) and excise -equivalent duty (on the same goods 
when imported), is charged on alcohol, tobacco and motor spirits. Tobacco and alcohol products are 
highly taxed for public policy reasons and to reflect the negati ve health impacts and costs of tobacco 
consumption on individuals and society. New Zealand 's tobacco tax policy is that the tobacco content 
of smokable products is taxed.  
 WT/TPR/M/426/Add.1  
 
- 34 - 
 
  Motor spirits excise is a hypothecated tax; it goes to the National Land Transport F und. 
 
3. Heated tobacco sticks and similar products are a tobacco product for the purposes of the Customs 
and Excise Act 2018 and for the Tariff Act 1988. Excise and excise -equivalent duty is charged on 
tobacco products where there is a tobacco content, an d tariff duty applies. There are preferential 
tariff duty rates for goods from some countries.  
 
Questions  
 
Page 13, Para 1.9  
4. Are Chinese patent medicine and traditional Chinese herbal pieces  included in the scope of tariff 
suspension?  
 
Response:  
The pro ducts covered by the Declaration are determined by HS code, as set out in Annex 1 of the 
Declaration. The Declaration is available here:  
https://www.beehive.govt.nz/sites/default/files/2020 -04/FINAL TEXT Declaration on Trade in 
Essential Goods.pdf   
 
Questions  
 
Page 39, Para 3.4  
Question:  
5. Please elaborate on the impact of the TSW platform on trade pattern and volume.  
 
Response:  
New Zealand  Customs already had a mandated and trade -facilitating electronic cargo reporting and 
clearance system, including electronic delivery status notification , before the introduction of the 
Trade Single Window (TSW) system. The TSW system joins up the information requirements and 
responses for import cargo and licences premises, for New Zealand  Customs and New Zealand 's bio-
security and food safety agencies . The introduction of the TSW has not impacted the volume and 
pattern of trade.  
 
Government Report  
 
Questions  
 
Page 1 3, Para 4.18 
Question:  
6. Please provide details on  the simplified and rationalized regime for forestry investment  and 
relevant policies in the Overseas Investment Act.  
 
Response:  
In 2018, the Government changed the way forestry investments are screened under the Overseas 
Investment Act (the Act). This was in recognition of the importance of inward investment to fores try 
and in support of the Government's broader forestry priorities (e.g., the One Billion Trees 
Programme). The changes sought to:  
 
a. facilitate overseas investment in forestry, by streamlining consent pathways for investments. 
This responded to concerns  from domestic and international stakeholders that existing consent 
processes were time consuming and difficult to satisfy due to the nature of forestry, and  
b. improve the coherence of the screening regime, by ensuring all types of investments in 
forestr y are screened.  
 
The forestry -related changes were made at pace, and because of this, Parliament agreed that a 
review of the forestry related provisions should begin within two years of the commencement of the 
Bill. Work began on the Overseas Investment Ac t 2005 – Forestry Review  (Forestry Review) in 2020.  
 
In February 2022, Cabinet amended the Forestry Review - Terms of Reference to shift the focus of 
the Review to one of legislative change to:  
- remove forestry conversions from the special forestry test under the Act, and  
- improve the operation and effectiveness of the Act's forestry provisions.  WT/TPR/M/426/Add.1  
 
- 35 - 
 
  More information on the Forestry Review, including the updated Terms of Reference, can be found 
at: https://www.treasury.govt.nz/news -and-events/reviews -consultation/overseas -investment -act-
2005-forestry -review  
 
Questions  
 
Page 18, Para 5.21  
Question:  
7. What efforts has New Zealand  made in leading the ACCTS to liberalize trade in environmental 
goods and services and develop best -practice guidance for voluntary eco -labelling schemes ?  
 
Response:  
The Agreement on Climate Change, Trade  and Sustainability (ACCTS) is a first -of-its-kind initiative 
which aims to demonstrate how trade policy can contribute to addressing climate and other 
sustainability challenges. The hope is that ACCTS will act as a pathfinder, and inspire more mutually 
supportive trade and climate outcomes globally.  
 
New Zealand , alongside the other ACCTS negotiating participants (Costa Rica, Fiji, Iceland, Norway 
and Switzerland), is committed to concluding the negotiations and concluding as swiftly as is 
possible. Round 9 of the ACCTS negotiations took place in May 2022 .  
 
ACCTS negotiations are taking place across four pillars – the liberalisation of  trade in environmental 
goods and services, the development of binding disciplines to eliminate harmful fossil fuel subsidi es, 
and the development of best -practice guidance for voluntary eco -labelling programmes . Efforts to 
identify environmental goods and services for liberalisation are also well advanced.  
 
Alongside the ACCTS, New Zealand  continues to work in other fora to advance the liberalisation of 
environmental goods and services . For example, during New Zealand 's APEC 2021 host year, we 
worked actively in concert with other APEC economies to promote trade and economic policies that 
help address climate change. APEC eco nomies committed to a voluntary standstill on inefficient fossil 
fuel subsidies, updated APEC's List of Environmental Goods and committed to develop a list of 
Environmental Services. New Zealand  has also taken commitments in bilateral settings, for example  
the NZ -UK FTA which eliminated tariffs on 293 environmental goods.  
 
Questions  
8. Please elaborate on  the progress of the construction for national timber legality assurance system 
of the Ministry for Primary Industries of New Zealand . Will the system ente r into force in 2023 as 
planned?  
 
Response:  
The New Zealand  Government is currently developing a national legal harvest assurance system for 
imported and domestically produced wood products. A WTO TBT notification will be made in the near 
future. The legis lation is expected to be passed in the first part of 2023, with a phased 
commencement of up to three years.  
 
Questions  
9. Please elaborate on  the impact of the Smokefree Environments and Regulated Products Act 
amended in 2022 on the imports of tobacco prod ucts and new tobacco products.  
 
Response:  
The Smokefree Environments and Regulated Products (Smoked Tobacco) Amendment Bill has not 
yet been passed by Parliament so its impact on imports of tobacco products and new tobacco 
products is not yet known .  
 WT/TPR/M/426/Add.1  
 
- 36 - 
 
  COLOMBIA  
Secretariat Report  
 
Questions  
 
1. ECONOMIC ENVIRONMENT  
1.2.2 Fiscal Policy  
 
In paragraph 1.22, the Secretariat's report refers to the size and scope of economic policy support 
in response to the pandemic, noting that "other measures are being implemented" (such as the 
Finance Guarantee Scheme for Businesses, the Small Business Cas h Flow Scheme, the Convertible 
Debt Agreement with Air New Zealand  and the Loan Scheme for Research and Development). 
"Large -scale fiscal support measures have helped prevent a much larger decline in economic activity 
and employment.  
 
Colombia would apprec iate if New Zealand  could provide detailed information on the agricultural 
activities that have benefited from the support provided by the schemes mentioned in this section 
of the report. What does this support consist of and what budgets were allocated in  2021 to address 
the effects of the pandemic?  
 
Response:  
Further information is available in G/AG/N/NZL/122. Under the 2020 Budget, NZD 50 billion was 
allocated to the COVID -19 Response and Recovery Fund (CRRF) Foundational Package to support 
the recovery response to COVID -19, for the purpose of providing assistance to households and 
businesses to begin the work to rebuild New Zealand 's society and economy. This support included 
boosting job creation, conservation projects and various employment and upskill ing schemes to 
deliver economic, social, cultural and environmental benefits to society. Proposals submitted to the 
CRRF are assessed under a wellbeing framework. For the purpose of enhanced transparency 
New Zealand  notes that the overall programme is equa lly available to the agriculture sector as to 
the non -agriculture sectors. Where individual projects provide benefit to the agricultural sector, they 
meet the fundamental criteria of Annex 2 to the Agreement on Agriculture. Individual projects funded 
within this initiative will also meet the relevant and specific criteria of paragraph 2 General services 
and paragraph 12 Payments under environmental programmes. Projects included in the programme 
that are intended for agriculture include:  
 
• Addressing Prima ry Sector Workforce Shortfall with Job Transition Support: NZD 19.3 million 
(para 2c - training services) . 
• Boosting Economic Activity and Future Growth in the Horticulture sector: NZD 38.54 million 
(para 2a - research) . 
• Containing Wallabies to Protect Agriculture, Forestry and Native Plants, and Boost Regional 
Economies: NZD 27.47 million (para 2b - pest and disease control) . 
• National Wilding Conifer Control Programme to Boost Regional Economies and Employment: 
NZD 100 million (para 2b - pest and disease control) . 
• Preventing Food Waste: NZD 14.9 million (para 2a and para 4 – research and domestic food 
aid). 
 
Questions  
 
2 TRADE AND INVESTMENT REGIMES  
2.2 Trade policy formulation and objectives  
 
Paragraph 2.9. "In March 2017, New Zealand  launched Trade Agenda 2030 with the aim of updating 
its trade strategy and setting its priorities for the next 30 years . This plan was replaced by the Trade 
for All Agenda, which was developed based on an extensiv e public consultation process conducted 
in 2018 and the report resulting from that exercise. The Trade for All Programme was launched 
in 2018 to address citizens' concerns about the country's participation in FTAs, and to ensure that 
trade policy worked in  favour of all New Zealand ers. As part of this initiative, from August to 
October  2018 New Zealand  held public consultations to seek the views of the public on how trade 
policy should be approached, and established a Trade for All Advisory Board to produce  an 
independent report with recommendations to the Government on the Trade for All Agenda. The 
Advisory Board was established in November 2018 and its report was published in November 2019. WT/TPR/M/426/Add.1  
 
- 37 - 
 
  The report's conclusions and recommendations propose, inter alia, the following: (i) examine 
existing investor -state dispute settlement provisions in FTAs as new agreements are adopted; (ii)  to 
provide greater support for the participation of small and medium -sized enterprises (SMEs) in 
international trade; and (iii) to promote the inclusion of environmental, labour and gender provisions 
in FTAs . The recommendations of the Consultative Board and the key principles adopted by the 
Council of Ministers form the basis of the Trade for All Agenda . For the authorities, the obje ctive is 
a trade policy that, in combination with other government policies, promotes sustainable and 
inclusive economic development".  
 
Similarly, footnote 7 explains, "there is no single document regarding the Trade for All Agenda, but 
several documents, including the report of the Trade for All Consultative Board and the Government's 
response".  
 
1. Could the New Zealand  Government share information on the "Trade for All Consultative Board", 
for example: who is on the Board; the mechanism used for the elec tion of its members; whether 
the members are only from the private sector or include representatives of New Zealand  public 
entities; whether its role ended when its report was published in November 2019, etc.?  
 
2. Colombia would appreciate if New Zealand  could provide information about the documents of the 
Trade for All Programme that serve as the basis for the agricultural sector in the framework of this 
initiative, and the recommendations of the Programme's Consultative Board, as noted in the 
aforemention ed 2019 report, in reference to the agricultural sector. Considering that, a great part 
of New Zealand 's agricultural production is exported.  
 
3. The Government of Colombia would like to know what gender -related measures are being 
implemented within the fr amework of the Trade for All Programme. In particular with regard to 
item (ii) regarding support for the participation of small and medium -sized enterprises (SMEs) in 
international trade.  
 
Response:  
1. Information on the members of the Trade for All Advisory Board is available in its report available 
here: https://www.mfat.govt.nz/assets/Trade -General/Trad e-policy/Trade -for-All-report.pdf . 
Members were appointed by the Government and represented a broad cross section of New Zealand . 
There were no officials on  the Board . The Board's role ceased following the delivery of its report to 
Government . A Trade for All Ministerial Advisory Group  has been in place since August 2021, and 
follows the work completed by the Trade for All Advisory Board, and will advise on t he 
implementation of the Trade for All Advisory Board's recommendations . Its membership is available 
here: https://www.beehive.govt.nz/release/broad -perspectives -inform -trade -all-agenda .  
 
2. The Board's report to Government is available as noted above. There are no specific 
recommendations  in relation to the agriculture sector.  
 
3. Arising from the Inclusing Trade Action Group (ITAG), the Global Trade and Gender  Arrangement 
(GTAGA), which concluded in August 2020, is an example of action within the Trade for All 
framework. GTAGA aims to be a force for positive economic and societal change by enhancing 
opportunities for women in international trade and promoting g ender considerations internationally.  
 
GTAGA also includes cooperation activities to promote the internationalisation of women -led small 
and medium enterprises (SMEs). There have been a number of successful implementation events 
undertaken since the GTAGA  was signed, for example, in June 2021 Chile hosted the second (virtual) 
GTAGA implementation meeting which looked at unlocking opportunities for women entrepreneurs.  
 
GTAGA information, including recordings of past activities, can be accessed here: 
https://www.mfat.govt.nz/en/trade/nz -trade -policy/inclusive -trade-action -group/  
 WT/TPR/M/426/Add.1  
 
- 38 - 
 
  Questions  
 
3 TRADE POLICY AND PRACTICE MEASURES  
3.1 Measures directly affecting imports  
3.1.6. Anti -dumping, compensative and safeguard measures.  
 
Paragraph 3.54. "On 29 May 2017, the Anti -Dumping and Countervailing Duties Act No. 158 of 1988 
was amended to incorporate a public interest assessment  in the application of anti -dumping and 
compensative duties. The act was renamed the Trade Act (Anti -dump ing and Compensative Duties) 
1988. Otherwise, there were no notable modifications to the legislation and  New Zealand 's anti -
dumping, compensative and safeguarding institutional framework during the period under review" 
(Underlining outside the text).  
 
1. Could the New Zealand  Government share information on the methodology and parameters used 
for the "public interest assessment" in the application of anti -dumping or compensative duties in 
investigations conducted since the new Anti -Dumping and Countervaili ng Duties Act came into force 
in May 2017?  
 
2. What has been the outcome of applying the public interest assessment in the application of anti -
dumping duties since the entry into force of the regulations related to this paragraph in May 2017?  
 
Response:  
1. The Trade (Anti -dumping and Countervailing Duties) Act 1988 (the Act) provides that following 
step 1 of an investigation by the investigating authority (the Ministry of Business, Innovation and 
Employment: MBIE), the Minister of Commerce and Consumer Affa irs (the Minister) shall determine 
whether the dumping or subsidisation of imports is causing injury to the domestic industry. If that 
determination is affirmative, then the Minister must direct MBIE to conduct step 2 of the 
investigation, which involves a  90-day assessment to determine whether the imposition of the duty 
is in the public interest, and determine the rates of anti -dumping duty.  
 
The Act provides that imposing the duty is in the public interest unless the cost to downstream 
industries and con sumers of imposing the duty is likely to materially outweigh the benefit to the 
domestic industry of imposing the duty.  
The step 2 investigation will include consideration of the effect of the duty on:  
 
• the prices of the dumped or subsidised goods and on like goods produced in New Zealand;  
• the choice or availability of similar goods ; 
• product and service quality ; 
• the financial performance of the domestic industry ; 
• employment levels.  
 
The investigat ion will also consider:  
 
• whether there is an alternative supply (domestically or internationally) of similar goods 
available ; 
• any other factor considered essential to ensure the existence of competition in the market.  
 
The investigation is undertaken by seeking information and submissions from all affected parties, 
including interested parties in step 1 of the investigation, on the matters to be investigated. The Act 
requires that written advice of the preliminary findings that are likely to  form the basis for a 
determination by the Minister are to be provided to parties within 60 days of starting step 2 of the 
investigation. Submissions on the preliminary report are taken into account in the preparation of 
MBIE's report to the Minister.  
 
The Minister must make a final determination on whether imposing the anti -dumping or 
countervailing duty is in the public interest within 90 days after the start of step 2 of the 
investigation. Similar procedures apply in the case of full reviews . 
 
2. There h ave been five investigations or full reviews where public interest tests have been carried 
out to date.  
 
• A dumping investigation of galvanised wire from China  WT/TPR/M/426/Add.1  
 
- 39 - 
 
  • A dumping investigation of aluminium -zinc coated steel from Korea  
• A full review of anti -dumping duties on canned peaches from South Africa  
• A full review of anti -dumping duties on galvanised wire from Malaysia  
• A full review of anti -dumping duties on canned peaches from Greece  
 
In each of the above cases, imposing or continuing the relevant t rade remedy was found to be in 
the public interest.  
 
Questions  
 
Paragraph 3.61 . "During the period under review, New Zealand  initiated and concluded various 
corrective trade investigations (Table 3.7).  Furthermore, two products were under investigation by 
the end of 2021: aluminium zinc coated steel from the Republic of Korea and Chinese Taipei; and 
canned peaches from Spain". (Underlining outside the text).  
 
Colombia would appreciate if New Zealand  provided detailed information on the dumping 
investigation to Belgium and the Netherlands related to frozen potatoes.  
 
Response:  
A dumping investigation into frozen potato products from Belgium and the Netherlands was started 
on 31 October 2020. The investiga tion was based on a threat of material injury  to the domestic 
industry . On 19 April 2021, notified parties were given written advice of the essential facts and 
conclusions likely to form the basis for a final determination and submissions received were tak en 
into account in the preparation of the Final Report.  
 
As detailed in the Final Report, the investigation found either no evidence of dumping or that the 
dumping was at de minimis  levels and that it was unlikely there would be any future exports at 
significant margins of dumping.  
 
The investigation also found that the dumped goods were not threatening to cause material injury 
to the New Zealand  industry.  
 
Having made negative dumping and injury determinations with regard to imports of the subject 
goods from Belgium and the Netherlands, the investigation was terminated on 19 May 2021.  
 
Questions  
 
3.2 Measures directly affecting exports  
3.2.3 Export prohibit ions, restrictions and licensing  
 
Paragraph 3.73 states that " New Zealand  imposes restrictions, licensing requirements, control 
measures and prohibitions on a number of exports, primarily for health and safety reasons or to 
meet its international obligations...".  "These relate, among others, to certain horticultural products, 
protected objects, chemical products, regulated medicines, explosives, firearms and hazardous 
wastes."  
 
Colombia would appreciate if New Zealand  could indicate which horticultural products are banned or 
restricted for export and the reasoning behind this re striction.  
 
Response:  
The horticultural products which must have approval to export from the New Zealand  Horticulture 
Export Authority (HEA) are: apricots, avocados, blackcurrants, boysenberries, cherries (sweet), 
chestnuts, kiwifruit to Australia, nectari nes, peaches, persimmons, plums, squash, tamarillos, 
truffles and walnuts.  
 
The New Zealand  Horticulture Export Authority Act 1987 (HEA Act) provides that producers of a 
particular product voluntarily choose to come under the HEA structure. The Act requir es that product 
groups develop an export marketing strategy (EMS), and licensed exporters can freely export their 
product in compliance with the industry -developed EMS. Section 26 of the HEA Act prevents limits 
being set on the volume of product that can b e exported, or a limitation on the number of exporters 
to be licensed to export to any market, or any part of a market.  
 WT/TPR/M/426/Add.1  
 
- 40 - 
 
  This system is in place in order to promote the effective export marketing of horticultural products.  
 
Questions  
 
3.2.4 Export support and promotion  
 
Paragraph 3.75. states that "under the Goods and Services Tax Act of 1985 and the Customs and 
Consumption Tax Act of 2018, exporters can obtain refunds of import duties, consumption duties 
and subsequently exported; (ii) manufactured and exp orted goods from New Zealand ; (iii) imported 
parts that are used in manufactured goods in New Zealand  and subsequently exported".  
 
Colombia would appreciate if New Zealand  could indicate which chapters of the customs tariff related 
to agricultural products obtain this benefit.  
 
Response:  
Any exporter who exports goods using imported components may claim duty drawback of the 
imported components used, provided they meet conditions stipulated by Customs. This is not limited 
to specific chapters of the Customs tariff.  
 
Questions  
 
Paragraph 3. 80 notes that "The NZD 60 million International Growth Fund (IGF) (in November 2021) 
provides support to businesses with the potential to contribute to New Zealand 's long -term economic 
growth and to acquire the critical skills for business growth".  
 
Colomb ia would appreciate if New Zealand  could provide further information on the conditions for 
accessing this fund, mainly those related to agricultural and agribusiness firms.  
 
Response:  
The International Growth Fund (IGF) is available to eligible NZTE custom ers where we consider that 
a specific IGF project will deliver a positive impact to the New Zealand  economy . The IGF is a 
contestable fund with no specific sector criteria or settings co -investing in projects that deliver 
positive returns to New Zealand  in the form of additional jobs created and wider economic spill over 
benefits.  
 
To be eligible, customers need to be a Focus customer of NZTE . This means that they must be a 
New Zealand  registered business or a Māori entity. There are no specific conditions for accessing the 
fund in terms of sector and therefore customers in the agriculture or agribusiness sector do not need 
to meet any additional or fewer conditions than those in other sectors.  
 
Questions  
 
3.3 Measures affecting production and trade  
3.3.1 Incentives  
 
Paragraph 3.86. notes that " New Zealand  offers a range of incentives for businesses, with a 
particular focus on innovation and capacity building; however, these incentives are not sector 
specific. The incentive programmes are implemented through Callaghan Innovation and 
New Zealand  Trade and Enterprise (NZTE).  
 
Similarly, in paragraph 3.88. the report states that "Under its Business Research and Development 
Funding Programme, Callaghan Innovation invests over NZD 162 million per year to p rovide 
incentives to increase investment in research and development activities and to accelerate 
innovation in New Zealand  businesses".  
 
Considering that these incentives include training programmes, capacity building, business 
incubators, as well as fisc al incentives, and incentives for research and development, and that these 
incentives are not targeted to specific sectors, Colombia is interested in knowing the operation 
mechanisms of these programmes, and the agricultural sector areas/products that have  benefited.  
 WT/TPR/M/426/Add.1  
 
- 41 - 
 
  Response:  
Callaghan Innovation operates to activate innovation and help businesses grow faster. Callaghan 
partners with businesses of all sizes across all sectors, providing a range of innovation and research 
and development services to suit e ach stage  of growth. The Agriculture sector and/or products are 
not specifically targeted. Along with all sectors, businesses operating in the Agriculture sector are 
able to access Callaghan services that include:  
 
• Access to experts – connecting business with national and international networks.  
• Technology and product development – end to end support to commercialise ideas.  
• Innovation skills development – programmes and workshops to help business scale.  
• R&D funding – grants to add  scale, depth and return on a businesses R&D investments.  
• 'Scale up' NZ – helping businesses to connect with people, capital and other help to innovate 
and grow.  
 
An example of Callaghan supporting the Agriculture sector is New Zealand  is its work as par t of the 
Agritech Industry Transformation Plan  (ITP) to turbocharge global growth for  New Zealand 's 
agritech sector. Callaghan provides services, advice and access to networks - in New Zealand  and 
globally - to enable powerful partnerships, and create worl d-leading Agricultural solutions that will 
work for people, and the environment. More information can be found here  
 
For NZTE  customers that are generally at an earlier stage in their international journey, NZTE offers 
mostly digital support; enabling customers to dip in and out at their own pace . All customers have 
access to myNZTE, a self -service platform which provides:  
 
• Comprehensive market guides with information about regulations, business culture and 
consumer trends ; 
• Business assessment tools ; 
• Export and investment learning modules to help deepen their export and capital raising 
skillsets ; 
• Resources to assist with COVID -19 recovery, digital commerce and sustainability ; 
• Workshops and events relevant to your needs.  
 
All customers are also supported by a team of customer advisors who can answer general questions 
and can connect them with the wider New Zealand  export community.  
 
NZTE's 'Focus' customers are generally established exporters and generating international revenue . 
Focus customers have access to:  
 
• Regular contact with a dedicated customer manager, who will work closely with the relevant 
senior leadership t eam to build customized, wraparound support ; 
• Additional services and expertise related to the needs of the customer ; 
• Advice from NZTE's investment managers and access to the International Growth Fund, which 
co-funds international growth project (subjec t to the customer meeting the eligibility criteria) ; 
• NZTE's international teams ; 
• NZTE's self -service learning platform my NZTE.  
 
Companies that meet the eligibility criteria to become an NZTE customer are able to access services 
based on a programme of work agreed to between NZTE and the company . This includes a number 
of Agricultural product and service exporters .  
 
Questions  
 
3.3.2 Subsidies and other types of state support  
In paragraph 3.93. The report notes that "The Sustainable Future for Food and Fibres Programme, 
also administered by the Ministry of Primary Industries, finance transformative programmes via 
associations and grants aimed at generating more value, building capacity and delivering economic, 
social, cultural and environmen tal benefits".  
 
Colombia would appreciate if New Zealand  could inform us on the agricultural products that have 
benefited from the Sustainable Future for Food and Fibres Programme, as well as the areas in each 
line of production that have received funding.  WT/TPR/M/426/Add.1  
 
- 42 - 
 
  Response:  
The Sustainable Food and Fibre Futures (SFFF) programme is a contestable fund open to applicants 
from primary and food production sectors. Further detail can be found in the relevant notification 
G/AG/N/NZL/132 . Funding applications are assessed  to ensure consistency with international 
obligations and New Zealand 's trade policy settings. Further information on the types of agricultural 
products that have benefitted from SFFF can be found in the annual review on the Ministry for 
Primary Industry's  website  and related pages: Sustainable Food and Fibre Futures | Funding and 
rural support | NZ Government (mpi.govt.nz) .  
 
Questions   
 
3.3.4 Sanitary and phytosanitary requirements  
3.3.4.1 General framework  
 
Paragraph 3.115. "Among other amendments introduced under the Food Safety Law Amendment 
Act, the use of automated electronic systems for issuing export certificates for food, plant and animal 
products i s permitted. In March 2020, regulations were enacted requiring companies to provide 
information on hazard identification and management to the Ministry of Primary Industries (MPI) 
when applying for the registry of a measure based on risk assessment. The Ac t also allows for the 
adoption of regulations to improve traceability obligations and to establish product recall 
requirements, including annual simulated recalls. The authorities indicate that, as of December 2021, 
guiding documents on traceability and re call were being revised to align them with the new 
regulations planned for 2022. In this context, clarifications have been provided through changes to 
primary legislation, regulations and notices with regard to the role of recognised bodies and 
individuals , as well as companies subject to verification. In addition, MPI's roles and responsibilities 
expanded to improve food safety responses, including contingency planning, and to request 
information from third parties to support risk assessments.  
 
Colombia wo uld appreciate if New Zealand  could clarify whether the information required from 
businesses is associated with a focus on hazards or risks as it has different implications for both the 
production sector and food trade, particularly when emphasis is placed  on risk assessment 
evaluations  
 
Response:  
The requirement that is placed on businesses is the obligation to develop a plan that identifies risk 
and what it will do to manage the risk. The focus is on risk evaluation rather than hazards.  
 
Questions  
Paragraph 3.117, notes that between January 2015 and February 2022, New Zealand  announced 
172 new SPS measures to the WTO, of which 45 were urgent.  
 
Could the New Zealand  Government provide further information regarding how many of these urgent 
measures are still in place and incorporated into New Zealand  law? 
 
Response:  
Of the 45 emergency notifications over this period, 40 have been incorporated into New Zealand  law 
through the Import Health Standard process . The remaining 5 relate to suspension s being lifted (so 
no longer in place) or specific measures notified being superseded by a new Import Health Standard .  
 
Questions  
 
3.3.4.2 Foodstuffs  
 
Paragraph 3.124, states that: (...) "Foods that pose a higher risk to human health are referred to as 
foods of high regulatory concern",  (...) "Foods for which there is uncertainty or concern about the 
risk to human health are referred to as foods of increased regulatory concern". In the same 
paragraph, tables 3.11 "Foods of High Regulatory Concern" and 3 .12 "Foods of Increasing Regulatory 
Concern" are related. These tables identify that there are countries of origin that are only required 
to submit an "Official Certificate", whilst others are given the option of submitting either the "Official 
Certificate " or a "Sample and Analysis" and the rest are required to submit the "Sample and 
Analysis".  
 WT/TPR/M/426/Add.1  
 
- 43 - 
 
  Could the New Zealand  Government provide more information on what the requirements are for an 
"Official Certificate" to be accepted and the certificate's character istics?  
 
Response:  
'Official Certificate' is defined in the Food Notice: 'Imported Food' as follows:  
"official certificate means a certificate issued by, or under the control of the exporting country's 
competent authority, including by a certifying body re cognised by the competent authority to issue 
such certificates."  
 
The content of such a certificate would be negotiated between MPI and the relevant exporting 
country competent authority to address the relevant hazard associated with the particular food a s 
identified in the Schedules of the Food Notice – Schedule 1 (Foods of High Regulatory Interest); 
Schedule 2 (Foods of Increased Regulatory Interest).  
 
The Food Notice: 'Importing Food' is available here: https://www.mpi.govt.nz/import/food/food -
importing -requirements/   
 
Questions  
 
4. SECTORIAL TRADE POLICIES  
4.1.2 Border measures  
4.1.2.2 Export -related measures  
 
The Secretariat's report states in paragraph 4.8 that: "By the end of 2010, restrictions on exports 
of dairy products destined for specific markets subject to tariff quotas had been phased out, thereby 
ending the exclusive rights held by Fonterra Co -operative Group to export to certain reserved 
markets. Currently,  MPI allocates licences for the export of processed edible fats to Japan; milk 
powder to the Dominican Republic; butter, cheddar cheese and cheese for processing to the 
European Union; and cheddar cheese, low -fat cheese, certain types of cow's milk cheese and 
American -type cheeses to the United States".  
 
Paragraph 4.9 states that: "The export of kiwifruit continues to be regulated in accordance with the 
provisions of the Kiwifruit Restructuring Act 1999 and the Kiwifruit Export Regulations 1999. The 
relevan t regulatory body, Kiwis New Zealand  (KNZ), grants Zespri an automatic, but not exclusive, 
right to export kiwifruit to all markets except Australia (export licence). All other traders wishing to 
export kiwifruit to any market other than Australia must obt ain prior approval from KNZ. According 
to the latest notification submitted by New Zealand  pursuant to Article XVII:4(a) of GATT 1994 and 
paragraph 1 of the Understanding on the Interpretation of Article XVII, Zespri accounts for a large 
part of New Zealan d's total exports of kiwifruit".  
 
Additionally paragraph 4.10 states that "Under the 2017 amendments to the Kiwifruit Export 
Regulations 1999, Zespri's shareholders are permitted to set rules regarding maximum shareholding 
and dividend entitlement, the cor e business activities that Zespri may undertake are clarified, and 
the independence and transparency of the industry regulator (KNZ) is enhanced  ..." 
 
Colombia is grateful for New Zealand  to provide further information relating to  ...": 
 
1. Can Fonterra as sociated producers export dairy products directly? If so, what are 
the requirements that an exporter must comply with for the allocation of licenses for the 
export of dairy sector products?  
 
2. What is the allocation methodology used by New Zealand  for the  allocation of 
licences for the export of dairy products and kiwifruit?  
 
Response:  
1. New Zealand  dairy farmers have a number of companies and cooperatives which they can 
supply their milk and dairy products to, including for export. The Dairy Industry Res tructuring 
Act 2001 (DIRA) further ensures that dairy farmers can easily enter and exit the Fonterra Co -
operative .  
 WT/TPR/M/426/Add.1  
 
- 44 - 
 
  Export rights to specific tariff quota markets are allocated to dairy companies on the proportion of 
milk-solids collected . Further information on the requirements for supplying into a quota market is 
available for the Ministry for Primary Industries website:   
https://www.mpi.govt.nz/export/food/dairy/steps -to-exporting/2 -check -destination -requirements -
for-dairy-exports/exporting -under -the-dairy-quota -programme/ .  
 
2. Further details on exporting of dairy and kiwifruit  are below:  
 
a. As stated above, the allocation method used by New Zealand  for dairy export licences in 
specific markets where importing countries require them to access import tariff quotas is through 
the Dairy Industry Restructuring Act (DIRA), and based  on milk solids collected . Allocation of these 
export licenses to access these quotas is managed in consistence with our international obligations.  
b. Exports of New Zealand -grown kiwifruit to Australia is regulated under the New Zealand  
Horticulture Expor t Authority Act 1987 (the Act). The Act provides for an exporter licensing regime. 
Under the Act, there are no quantitative limits with respect to number of licences issued or the 
volume of kiwifruit they can export, so there is no allocation mechanism.  
 
Questions  
 
GOVERNMENT REPORT – DOCUMENT WT/TPR/G/426  
 
2. MAIN DEVELOPMENTS REGARDING ECONOMIC POLICY  
2.1. Current economic priorities  
 
Paragraph 2.9. "Businesses and trade will be central to the transition towards a low -carbon economy. 
The Government has invested NZD 300 million to recapitali ze New Zealand 's Green Investment 
Finance Bank and was the first country in the world to pass legi slation requiring all listed companies 
and large financial institutions to report on their climate related risks. Other measures were 
introduced, including shifting public institutions and enterprises to clean energy, requiring Crown 
financial institutions  investments be carbon neutral by 2050, introducing green bonds and recycling 
revenues from the Emissions Trading Scheme to help finance the low -carbon transition. New Zealand  
recently committed to provide NZD 1.3 Billion to finance climate -related activit ies in developing 
countries during 2022 -2025, an amount four times higher than that specified in its previous 
commitment. At least 50% of this funding will go to the Pacific."  
 
The government of Colombia would like to know the requirements and the profile that the 
beneficiaries of the green bonds mentioned in this paragraph must meet?  
 
Response:  
Green Bonds provide financing for low -emission or environmental projects like renewable energy or 
reforestation. New Zealand 's Sovereign Green Bond programme was an nounced in November 2021, 
and is currently in development. The New Zealand  Treasury is using the ICMA Green Bond Principles 
to guide the process and establish eligibility requirements. Money raised from the bonds will be used 
to support projects that help reach the New Zealand  Government's net zero carbon target and other 
environmental outcomes. Projects financed by the bonds will be subject to additional scrutiny and, 
over time, the project selection, evaluation, and reporting requirements will help to ens ure high -
quality projects with robust environmental outcomes are delivered.  
 
Further information is available here: https://debtmanagement.treasury.govt.nz/government -
securities/green -bonds .  
 
Questions  
 
4.  INTERNAL POLICY REGARDING TARIFFS AND TRADE  
4.1 Agriculture  
 
Paragraph 4.2. "All New Zealand  support to agriculture falls under the "Green Box" of the 
WTO Agreement on Agriculture classification for measures exempt from the reduction commitment, 
as it is intended to finance agricultural research and innovation activities, biosecurity controls to 
prevent the entry of pests and diseases, environmental programs, relief payments, and 
infrastructure services. The beneficiaries cover a significant proportion of the costs of regulation and 
exploitation, including those related to border control. New Zealand has a Global Aid Measure WT/TPR/M/426/Add.1  
 
- 45 - 
 
  commitment level under its commitments under the Agreement on Agriculture, but does not use or 
plan to use this authorised level."  
 
Could the New Zealand  Government provide further information on the methodology used to select  
the beneficiaries of the agricultural research and innovation programmes mentioned in this 
paragraph?  
 
Response:  
The agriculture sector in New Zealand , like any other sector, has access to New Zealand 's 
contestable funds such as the Sustainable Food and F ibre Futures (SFFF) programme which replaced 
the Primary Growth Partnership (PGP). Both programmes provide funding as per our notification 
G/AG/N/NZL/132 . Funding applications are assessed to ensure consistency with international 
obligations and trade poli cies.  
 
Questions  
Paragraph 4.3. "Most of New Zealand 's agricultural production is exported, and there are no export 
subsidies for agricultural products. Trade in these products contribute immensely to the New Zealand  
economy. New Zealand 's interest in a system of clear and effective standards encompasses 
measures to protect human, animal and plant life and health. This is reflected in the maintenance 
of a robust quarantine regime fully consistent with the provisions of the WTO Agreement on the 
Application of Sanitary and Phytosanitary Measures. Prior to the importation of a product, 
New Zealand  conducts a scientifically evidence -based risk analysis proportionate to the risk it 
presents, in accordance with WTO requirements and obligations. New Zealand  contributes to trade -
related capacity -building in developin g countries to help them meet relevant biosafety 
requirements."  
 
The Government of Colombia is interested in receiving more information on the requirements and 
guidelines for a developing country to benefit from the support provided by the New Zealand  
government in building capacity to meet biosafety requirements.  
 
Response:  
Biosafety is an extensive and complex, integrated system. Where New Zealand  has agreed to 
collaborate with a country to develop capability and capacity in this area, one of the first steps is a 
systematic Supply and Value Chain Integrity assessment – usually conducted in country by one of 
our resident experts, and alongside relev ant officials from the country.  
 
This video below provides a succinct overview of what this farm to fork  system entails: 
https://www.youtube.com/watch?v=ROOqsI2nGzE   
This initial approach helps a  country to identify the part(s) of the system where improvements 
can/need to be made and assists with prioritising where to invest in improvements. New Zealand  
has undertaken these visits in a number of countries to date.  
 
Questions  
Paragraph 4.4. "Reduc ing agricultural greenhouse gas emissions is critical to mitigate climate 
change. The Government is committed to reduce biogenic methane emissions between 24% and 
47% by 2050 from 2017 levels (and 10% by 2030), as set out in the Climate Change Response 
(Zero Carbon) (Amendment) Act of 2019. New Zealand  has also joined the COP26 Global Methane 
Commitment to show its determination to increase ambition for methane emissions (including from 
agriculture). New Zealand  is the first country in the world to put a pr ice on agricultural emissions 
(from 2025 at the latest) and is working with members of the primary sector and the 
Maori  community to determine how best to do so under the He Waka Eke Noa – Primary Sector 
Climate Action Association."  
 
The Colombian Governme nt would like to highlight the New Zealand  initiative to be the first country 
in "pricing agricultural emissions", which they are working on internally. It would be interesting if 
they could share with us the criteria and method to obtain such a result.  
 
Response:  
Under the 2020 Climate Change Response (Emissions Trading Reform) Amendment Act, emissions 
from agriculture will be priced by 2025. The Act requires responsible Ministers to report publicly on 
a system for pricing the emissions from agricultural p roduction by the end of 2022. Details on pricing 
mechanisms will be made public in that report.  WT/TPR/M/426/Add.1  
 
- 46 - 
 
  As part of the process for pricing emissions, He Waka Eke Noa: Primary Sector Climate Action 
Partnership was formed as a partnership between government, the pri mary sector, and iwi/Māori to 
equip farmers and growers to measure, manage, and reduce on -farm agricultural greenhouse gas 
emissions and adapt to climate change. Details of the measures remain under active consideration.  
 
Questions  
On paragraph 4.5 New Zealand indicates, "the Dairy Sector Restructuring Act of 2001 was amended 
in July 2020, to remove regulatory requirements that were no longer needed . This gave Fonterra 
Co-operative more flexibility to manage some aspects of its operations and clarified cert ain aspects 
of the regulatory regime applicable to Fonterra and other dairy stakeholders. The Dairy Sector 
Restructuring Act promotes the effective functioning of New Zealand 's dairy sector."  
 
Colombia would appreciate if New Zealand  provides detailed inf ormation on the current changes to 
the law that restructures the dairy product sector and indicate where it is available.  
 
Response:  
The most recent amendments to DIRA were completed in 2020, and additional details regarding any 
changes to the dairy sector can be found here: https://www.mpi.govt.nz/legal/legislation -
standards -and-reviews/primary -production -legislation/dairy -industry -restructuring -act-2001-
review/ ; and here: https://www.legislation.govt.nz/act/public/2020/0046/latest/LMS243450.html   
 
Questions  
 
4.2. Tariffs  
 
In paragraph 4.6, New Zealand  states that it "remains committed to removing barriers to the free 
movement of world trade and  continues to have one of the lowest average applied MFN tariff rates, 
at just 1.9 % in 2020. Approximately 90 per cent of goods entering New Zealand  do so duty -free, 
including all goods from least developed countries (LDCs)."  
 
Colombia would appreciate if  New Zealand  could provide information on which agricultural sector 
chapters are covered under the duty -free regime.  
 
Response:  
New Zealand  applies no tariffs on any tariff lines in chapters 01, 05, 10, 13 and 14. Tariff rates in 
other agriculture -related chapters are mostly 0%, with some at 5% . The average tariff across WTO 
agricultural products is 1.8% (as per Table 3.2 of the Secretariat's Report).  
 
Questions  
 
5. MULTILATERAL INITIATIVES  
5.4. Inclusive and Sustainable Trade  
 
Action Group for Inclusive Trade (ITAG)  
Paragraph 5.13. " New Zealand  participates in multilateral and plurilateral initiatives to promote 
inclusive and sustainable trade. In 2018, they joined Canada and Chile in establishing ITAG, which 
Mexico joined in 2021. The ITAG work  programme aims to make trade policy more inclusive and 
distribute benefits of trade more widely. In some ways, it is a natural extension of New Zealand 's 
Trade for All Programme, which focuses on the country. ITAG members have held workshops, 
meetings and  webinars to reach a better understanding of indigenous trade, women's economic 
empowerment, agriculture and the Sustainable Development Goals, and the development of SMEs, 
as well as to exchange experiences in this regard. In 2020, Ministers from ITAG cou ntries signed the 
Group's first instrument, named the Global Agreement on Trade and Gender (GTGA). Mexico joined 
later, in 2021. The purpose of the GTGA is to increase women's participation in trade as part of 
overall efforts to promote women's economic em powerment."  
 
The Government of Colombia would like to learn about the ITAG and GTAGA membership criteria. 
Likewise, can New Zealand  confirm whether it is required that a country be an APEC member in 
order to be a member of the two aforementioned instrument s.  
 WT/TPR/M/426/Add.1  
 
- 47 - 
 
  Response:  
New Zealand , alongside other ITAG/GTAGA participants, welcomes broader interest in these 
important initiatives from other economies. An economy does not need to be a member of APEC to 
be a member of ITAG or GTAGA.  
 
An economy would be a wel come if their laws and policies met the standards contained in the agreed 
text of the GTAGA. There are a number of key criteria that GTAGA participants have agreed would 
need to be met by prospective members:  
 
• ratified or acceded to the United Nations Convention on the Elimination of all Forms of 
Discrimination Against Women (CEDAW)  (1979);  
• endorsed the Buenos Aires Declaration on Trade and Women's Economic Empowerment;  
• co-sponsored the WTO Joint Ministeria l Declaration on the Advancement of Gender Equality 
and Women's Economic Empowerment within Trade;  
• demonstrated genuine interest in advancing gender equality issues domestically (through 
policy, law, or programs);  
• be promoting peace and security domest ically and globally; and  
• be a member of the WTO, or are undertaking accession negotiations.  
 
An economy would be a welcome to seek ITAG membership if it was committed to work together to 
advance issues related to gender equality, Indigenous peoples, regi onal economic development, 
small and medium enterprises, labour rights, the environment and climate change. A useful 
reference point is the Joint Declaration on Fostering Progressive and Inclusive Trade, agreed by ITAG 
partners in 2018. That is available h ere: https://www.mfat.govt.nz/assets/Trade -
agreements/CPTPP/CPTPP -Joint-Declaration -Progressive -and-Inclusive -Trade -Final.pdf   
 WT/TPR/M/426/Add.1  
 
- 48 - 
 
  COSTA RICA  
Question  
Whether the 'public interest test ' had been applied in any anti -dumping cases since and if so  what 
the experience had been. Had it led to a reduction in anti -dumping duties?  
 
Response:  
As at 30 June 2022, New Zealand  has applied the public interest test in two investigations and 
four reviews since the amended legislation entered into force. In eac h case it has been concluded 
that the imposition of the duty is in the public interest. The legislation establishing the public interest 
test does not provide for amendments to the duty rates established in the investigation of dumping 
and injury. Rather, if the public interest test is not met, the duty is not imposed.  
 
Question  
 
What are the main actions that were being taken to reverse the growth in New Zealand 's greenhouse 
gas emissions and get back on track to meet our reduction targets, especially in agriculture.  
 
Response:  
Under New Zealand 's Climate Change Response (Zero Carbon) Amendment Act 2019, we have a 
legislated target to reduce biogenic methane emis sions to 10% below 2017 levels by 2030, and 
by 24-47% below 2017 levels by 2050.  
 
In June, 2022 New Zealand  released an Emissions Reduction Plan. The Plan sets out how we will 
achieve the biogenic methane emissions target, through coordinated action on agr iculture and 
climate.  
 
Key actions in the plan relating to agriculture include:  
 
• Price agricultural emissions.  
- Introduce an agricultural emissions pricing mechanism by 2025.  
- Support early adopters of low -emissions practices.  
• Accelerate mitigation technolog ies. 
- Establish a new Centre for Climate Action on Agricultural Emissions to drive a step 
change in mitigation technology innovation and uptake on farms.  
• Support producers to make changes.  
- Fund tikanga -based programmes to support needs and aspirations of Mā ori. 
- Introduce climate -focused extension and advisory services.  
• Transition to lower -emissions land uses and systems.  
Develop food and fibre science and mātauranga Māori accelerators.  
 WT/TPR/M/426/Add.1  
 
- 49 - 
 
  ECUADOR  
Questions  
 
1. In accordance with page 28 of paragraph 2.9 and in relation to the establishment of a Trade for 
All Programmes ' Advisory Board in charge of developing the independent report with 
recommendations for government about the Trade for All programme and the conclusion and 
recommendation r egarding the current provisions about conflict resolution between investors and 
the ALC states. In this regard:  
 
a. Can New Zealand  indicate what alternative is being analysed to replace the conflict resolution 
provisions between an investor and an ALC Sta te? 
b. In the case of Bilateral Investment Agreements, will there be recommendations in this regard?  
 
Response:  
New Zealand  continues to be ranked as number one on Transparency International 's anti -corruption 
index. Investors in New Zealand  are able to ac cess New Zealand  domestic courts and legal processes 
for disputes. Alongside domestic conflict resolution mechanisms, New Zealand  negotiates 'State to 
State dispute settlement ' as part of its international trade agreements.  
 
It is no longer New Zealand  policy to negotiate Bilateral Investment Agreements.  
 
Questions  
 
2. In accordance to page 37 and 38, in respect to: "in virtue of the foreign investment law (and 
previous reforms), the foreign investments in sensitive sectors are subject to a control mechani sm 
that is considered excessively complex before the reform ". As fishing is considered a sensitive sector, 
in relation to the shares or assets in any fishing company, could New Zealand  indicate:  
 
a. Regarding foreign ships and foreign investors, respectively, under which circumstances can a 
foreign person be entitl ed to receive a daily fishing quota. How does the control mechanism for 
foreign investors of sensitive sectors like fishing work?  
b. What variables are considered in the investment suitability test?  
 
Response:  
Individual Transferable Quota Shares (ITQ) a re not daily fishing quotas or allowances. They are a 
proportional share of the right to catch a fish stock or species. Foreign investors can have a minority 
interest of up to 25% in any ITQ shares, in partnership with a New Zealand  national(s). For more 
than 25% ITQ shares, foreign investors must meet the investor criteria set out in New Zealand 's 
Overseas Investment Act, section 57 G of the Fisheries Act, and receive Ministerial approval.  
 
Generally, the level of control required to trigger consent requi rements for overseas investments in 
sensitive assets is a more than 25% interest (either ownership or control) by overseas persons, 
collectively.  There is a higher threshold for investments in listed issuers, and a lower threshold for 
strategically importa nt businesses and direct interests in sensitive land.  The definition of control 
depends on the type of entity/asset being acquired, but is generally a more than 25% of a class of 
equity securities.  
 
The Investor test determines whether an investor is suit able to own or control sensitive New Zealand  
assets, by assessing the risk they pose against character and capability factors.  
 
Questions  
 
3. In accordance with page 42, paragraph 2.54, in regards to: "New Zealand  does not offer financial 
incentives to investors, but can concede grants depending on the commercial activity or research 
and development initiatives ": 
 
a. Can New Zealand  indicate in which cases are grants offered to foreign investments?  
b. If there are Bilateral Investment Agreements or BIAs for investment, how does New Zealand  
deal with the non -discriminatory principles for grants?  
 WT/TPR/M/426/Add.1  
 
- 50 - 
 
  Response:  
Different grants are available to investors depending on the sector in which they intend to invest, 
and whether the characteristics of the investment align with the criteria for a specific grant. 
New Zealand  can offer overseas investors information or supp ort via New Zealand  Trade and 
Enterprise .  
 
It is no longer New Zealand  policy to negotiate Bilateral Investment Agreements.  
 
Questions  
 
4. In accordance with page 51, paragraph 3.36 , in relation to the specific concessions during 
shortages of raw materials for the manufacturing industry such as certain goods and fabrics that 
contain wool for the confection of wearable clothing:  
 
a. Can New Zealand  indicate if the measure includes re gulations about minimum content to be 
eligible for tax benefits?  
b. Considering that, imported clothing is subject to elevated customs rights domestically for 
imported merchandise, can New Zealand  indicate how the tax concession measure would not affect 
the sale, offer and purchase of the imported clothing products compared to similar products or local 
competitors and production?  
c. Under the criteria that there could exist national regulations to benefit from tax concessions, 
what measures have been take n to maintain similar competitive conditions for imported products 
and local products?  
 
Response:  
a. There is no regulation that requires the product contain a minimum content for a concession 
to be granted.  
 
b. A concession only temporarily removes the tariff that would otherwise be applied to the 
imported good. A concession is designed to assist a sector under pressure to recover and to support 
domestic supply of the product in question, or to allow a local manu facturer to remain competitive 
when they have limited options to source the required inputs within New Zealand . An example of 
this is the reduction in the size and capacity of the weaving industry in New Zealand  over the years 
with the consequence that the  main source of woven fabric is now imported product. A manufacturer 
of an end -product, for example school uniforms, who was not able to obtain enough fabric 
domestically to support production could potentially request a concession so that they would not 
need to pay tariff duty on imports of the fabric they needed to import to allow them to continue 
production. These types of concessions are short -term and generally cover a specific volume of 
imports, for example what the enterprise required to be able to c ontinue manufacturing for a period 
of time. New Zealand 's approach is to implement concessions of this nature on a short -term basis. 
The extent to which this affects the sale of imported over domestic goods would vary by product, 
but in general a concessio n is likely to favour the consumption of imported goods over domestic 
production because it reduces the cost of the imported good.  
c. In regards to the concession categories 'Inputs to Manufacturing ', 'Shortfalls of manufacturing 
inputs ' and 'Shortfalls ot her than manufacturing inputs ', the applications require support of the local 
industry. For example, confirmation that the domestic industry can 't supply the amount required 
because of an event like a storm has occurred which impacted the capacity of local  suppliers. While 
a concession is likely to make imported goods more competitive the overall effect on domestic 
industry is unlikely to be very significant given New Zealand 's low tariff rates (for example, 
New Zealand  is tariff free on more than 60% of to tal tariff lines and where a tariff rate exists it is 
either 5% or 10%) . We also have a wide range of FTAs under which most tariffs have been 
eliminated.  
 WT/TPR/M/426/Add.1  
 
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  EUROPEAN UNION  
Secretariat Report  
 
Questions  
 
Paragraph 3.36, page 47:  "Additionally, there are specific concessions for shortfalls of 
manufacturing inputs, certain capital equipment, and woven fabrics containing wool for use in 
apparel manufacturing. These concessions are issued for limited periods[…]"  
 
EU question No. 1 : Does New Zealand 's expect to put additional tariff concessions like these in 
place in response to the COVID -19 pandemic and disruptions in supply chains?  
 
Response:  
At the outset of the COVID -19 pandemic, New Zealand  acted early to resist moves towards 
protectionist responses. New Zealand  co-led a number of plurilateral initiatives  including the 
Declaration on Trade in Essential Goods for Combating the C OVID -19 Pandemic with Singapore in 
April 2020, which removed remo ving trade blockages for over 120 essential products including 
medicines, medical and surgical products. These and other subsequent actions were implemented 
by way of tariff concessions, published here: https://www.customs.govt.nz/business/tariffs/tariff -
concession -notices/ . 
 
No further concessions are being considered at this stage. That could change with further 
developments in relation to the pandemic or if there were  new goods developed to aid in combatting 
it that were not already covered by existing COVID -19 related tariff concessions.  
 
Questions  
 
Paragraph 3.39, page 47:  "The tariff concessions scheme was reviewed in October 2018, and it 
was agreed the tariff conce ssion on residential building materials remain in place and be reviewed 
in 2023."  
 
EU question No. 2:  When does the government of New Zealand  expect to lift these tariff 
concessions?  
 
Response:  
When the concession was reviewed in October 2018, it was deci ded the concession would be 
reviewed again in five years. No further decisions have been made. New Zealand  will review the 
tariff concession for residential building materials in 2023.  
 
Questions  
 
Paragraph 3.62. page 51: Table 3.8 contains the list of definitive anti -dumping measures, as 
of 31 December 2021.  
 
EU question No. 3:  Could NZ explain how, in the case of measures which are prolonged several 
times, the changes in the market situation and the interest of the consumers are taken into 
account??  
 
Response:  
In the case of reviews of anti -dumping and countervailing duties, New Zealand  takes changes in the 
market situation and the interest of consumers into account in the analysis of the continued need 
for the duties under Article 11 of the WTO Anti -dumping Agreement and Article 21 of the 
WTO Subsidy and Countervailing Measures  Agreement.  
 
The changes in the market situation are considered in stage 1 of a full review (including an expiry 
review) in determining whether the continued imposition of the duty is necessary to offset dumping 
or subsidisation and whether material injur y to an industry would be likely to continue or recur if the 
duty expired or were otherwise removed or varied. To the extent relevant, changes in market 
situation may also be considered in stage 2 of a full review into whether continuing to impose the 
duty is in the public interest.  
 WT/TPR/M/426/Add.1  
 
- 52 - 
 
  The interests of consumers are specifically addressed in stage 2 of the investigation into whether it 
is in the public interest to continue to impose the duty. In particular, the Act provides that continuing 
to impose the duty is in the public interest unless the cost to downstream industries and consumers 
of imposing the duty is likely to materially outweigh the benefit to the domestic industry of imposing 
the duty.  
 
Questions  
 
Paragraph 3.100, page 57:  "Standards New Zealand  manages the development of New Zealand  
standards, and of joint Australian -New Zealand  standards. To promote harmonization with 
international standards, the authorities indicate that Standards New Zealand  prompts stakeholders, 
including regulators, to adopt  existing standards (identical or with modifications), where appropriate 
and possible, unless a valid reason can be substantiated for a new standard. In 2021, the total 
number of standards in New Zealand 's catalogue, which comprises New Zealand  standards a nd joint 
Australia -New Zealand  standards, was 2,670, down from 3,205 in 201450, following the withdrawal 
of older standards that were not replaced with new ones. The majority of standards in New Zealand 's 
catalogue are developed in partnership with Standards Australia (87% of the total  number of 
standards in 2021) and are not cited in primary or secondary 2 legislation, and are therefore 
voluntary (69%). About half of standards in New Zealand 's catalogue are equivalent to international 
standards (Table 3.10). " 
 
EU question No 4:  Will New Zealand  try to further converge with international standards? Can you 
inform us about the trends in this field?  
 
Response:  
The table 3.10 shows a steady increase in the adoption of international standards into the Standards 
New Zealand  catalogue and thei r citation in legislation . This trend has continued into 2022 and 
New Zealand  envisages that this will continue as older standards are reviewed and replaced. 
New Zealand  remains committed to ensuring that NZ sectors are engaged in international standards 
development through the ISO and IEC. Standards New Zealand  coordinates this participation, and 
New Zealand 's committee membership is steadily increasing on international committees that are 
important to New Zealand . 
 
Questions  
 
Paragraph 3.101, page 58:  "Except for the approval process, which is now the responsibility of 
the Standards Approval Board, the procedure for preparing, issuing, or revising standards or 
technical regulations has not changed substantially since the previous Review (Box 3.1). During t he 
development phase, draft standards are subject to a public consultation period of approximately 
eight weeks, depending on the scope of the project. If the consultation leads to substantial changes 
to the draft, a second round of consultations for the re vised draft may take place. Draft standards 
that meet the criteria under the Act are taken before the Standards Approval Board for approval. 
Upon approval, they are published online as new or revised standards. Standards New Zealand  has 
also developed a re view process for aged standards, under which standards that are at least 10  years 
old are reviewed against a set of additional criteria and then proposed for withdrawal if deemed 
necessary. All withdrawal proposals are subject to public consultation with s takeholders to determine 
whether they need to be withdrawn, reconfirmed, or revised."  
 
EU question No. 5 : Under what circumstances does NZ carry out an impact assessment or analysis 
of planned technical regulations? If a planned technical regulation is foreseen to have a significant 
impact on trade, is an impact assessment or analysis always carried out in su ch cases?  
EU question No. 6:  Does NZ assess the available regulatory and non -regulatory alternatives to 
proposed technical regulations in its impact assessments or analyses?  
 
Response:  
5. All policy proposals taken to Cabinet that include a government regulatory proposal must be 
accompanied by a Regulatory Impact Statement, unless an exemption applies. This requirement is 
designed to ensure that the underlying problem or opportunity is properly identified, all practical 
options to address the  problem or opportunity have been considered, all material impacts and risks 
of proposed actions have been identified and addressed in a consistent way, and it is clear why a 
particular option is recommended over others.  
 WT/TPR/M/426/Add.1  
 
- 53 - 
 
  A 'government regulatory proposal'  means a proposal taken to Cabinet which involves creating, 
amending, or repealing primary or secondary legislation.  
 
Technical regulations that are designated as primary or secondary legislation are included within the 
scope of the requirement to conduct  impact assessment.  
Regulations which are not approved by Cabinet – such as those produced by technical regulatory 
agencies under delegated authority – are not subject to such a requirement. Exemptions from 
conducting regulatory impact assessment are also  available where proposed measures are technical 
or case -specific in nature, expected to have minor impacts, or in a set of discretionary instances 
(including emergency settings and where assessments would be duplicative).  
 
The requirement to conduct regu latory impact assessments is therefore expected for all government 
regulatory proposals, unless an exemption is obtained on a case -by-case basis. The New Zealand  
Treasury (as the central oversight body), is involved in assessing the quality of impact analy sis for 
proposals which are particularly significant, there is a reason Treasury involvement will be beneficial, 
or where the relevant agency does not have demonstrated capability in quality assurance.  
 
The relevant requirements are set out in Cabinet Off ice Circular (20) 2 , published on 26 June 2020, 
available here: https://dpmc.govt.nz/sites/default/files/2020 -06/coc20 -2-impact -analysis -
requirements. pdf. Further information is available in the c. 
 
6. Where impact analysis is required, officials in New Zealand  are expected to identify the full 
range of feasible policy options that may fully or partially achieve the stated objectives and thereby 
address  the identified problem. This should include both regulatory and non -regulatory options. 
Further information is set out in the Guide to Cabinet's Impact Assessment Requirements, available 
here:  
https://www.treasury.govt.nz/sites/default/files/2020 -06/guide -cabinet -ia-requirements -
june2020.pdf . 
 
Questions  
 
Paragraph 3.106, page 60:  In 2018, the MBIE also launched a review to assess the functioning of 
New Zealand 's conformance system. Based on this review, the MBIE developed a strategy that 
identifies actions to enhance the conformance system for the period 2019 -22. The MBIE is 
respon sible for implementing the strategy in collaboration with New Zealand 's standard and 
conformance infrastructure authorities, and for monitoring its progress. As part of the strategy's 
actions, the MBIE strengthened the role of the existing Standards, Accre ditation and Metrology Group 
(SAM) to support the implementation of the strategy. The SAM is convened by the MBIE and meets 
on a quarterly basis. Its purpose is to enhance information sharing, collaboration, and coordination 
between agencies responsible fo r New Zealand 's standards and conformance infrastructure.  
 
EU question No. 7 : Under what circumstances does NZ carry out an impact assessment or analysis 
of planned changes to conformity assessment procedures? If a planned change to a conformity 
assessment  procedure is foreseen to have a significant impact on trade, is an impact assessment or 
analysis always carried out?  
 
Response:  
To the extent that a conformity assessment procedure forms part of a technical regulation, it will be 
addressed pursuant to th e response to Question 66. New Zealand  does not currently require impact 
assessments to be applied to non -regulatory matters.  
 
The relevant requirements are set out in Cabinet Office Circular (20) 2 , published on 26 June 2020, 
available here: https://dpmc.govt.nz/sites/default/files/2020 -06/coc20 -2-impact -analysis -
requirements.pdf . Further information is available in the Guide to Cabinet's Impact Asses sment 
Requirements, available here: https://www.treasury.govt.nz/sites/default/files/2020 -06/guide -
cabinet -ia-requirements -june2020.pdf . 
 
Question  
 
Paragraph 3.110, page 61:  New Zealand  prohibits the importation of all goods bearing false 
information or including trademarks or signs likely to mislead or deceive consumers. All goods sold WT/TPR/M/426/Add.1  
 
- 54 - 
 
  are subject to quantity labelling requirements and must u se one of the units of New Zealand 's metric 
system when marking their net weight or measure.  
 
EU question No. 8:  Does NZ require any labelling on products that is not relevant for consumers 
or users of products, or in order to indicate a product's conformity with mandatory technical 
requirements?  
EU question No 9 : Does NZ allow labelling, including supplementary labelling and/or corrections 
to labelling, to take place in customs warehouses or other designated areas in NZ as an alternative 
to labelling in the country of export? Please explain.  
 
Response:  
8. New Zealand  only requires labelling on products considered relevant to consumers  or 
necessary for traceability purp oses. Following the New Zealand  Legislation Design and Advisory 
Committee guidelines , we only regulate where necessary and where regulations will be effect ive. 
9. Yes, New Zealand  allows supplementary labelling or corrections to labelling to occur outside 
of the country of export. There are no designated areas where this is required to take place. Instead, 
all labelling requirements, as provided in relevant legislation administered by MPI, the Commerce 
Commission , and MBIE, must be met at point of sale.  
 
Questions  
 
Paragraph 3.154, page 76:  "According to New Zealand 's latest notification pursuant to the 
provisions of Article XVII:4(a) of the GATT 1994 and paragraph 1 of the Understanding on the 
Interpretation of Article XVII, Zespri Group Limited (Zespri) remains the  only state trading enterprise 
in operation in New Zealand . Zespri has an automatic, but not exclusive, right to export 
kiwifruit  from New Zealand  to overseas markets other than Australia. Under the Kiwifruit Export 
Regulations 1999, private traders can en gage in exporting kiwifruit to markets other than Australia 
in collaboration with Zespri, subject to authorization by Kiwifruit New Zealand , an independent 
regulatory body. There is no need for private traders to seek for such authorization to export kiwif ruit 
to Australia. The Commerce Commission regulates markets where there is little or no competition 
(Section 3.3.4)."  
 
EU question No 10.:  Could New Zealand  explain why it applies discriminatory treatment when it 
comes to the fact that Zespri has an autom atic right to export kiwifruit from New Zealand  to overseas 
markets other than Australia, whereas private traders can engage in exporting kiwifruit to markets 
other than Australia only in collaboration with Zespri (by means of a collaborative marketing 
arrangement) and subject to authorization by Kiwifruit New Zealand ? 
EU question No. 11:  Could New Zealand  clarify whether there has been any denial of a prior 
authorization asked by a private trader between 2015 and now? If so, on which grounds? If there 
have been applications which were denied, could New Zealand  explain which criteria are considered 
in order to assess the contribution to the wealth of New Zealand  kiwifruit suppliers?  
 
Response:  
10. The New Zealand  Government notifies Zespri to the WTO as a St ate Trading Enterprise due 
to its automatic, but not exclusive, right to export kiwifruit to all markets except Australia with the 
objective of obtaining the best commercial return from world markets for producers in New Zealand  
(See New Zealand 's WTO noti fication G/STR/N/18/NZL of 2 July 2020.)  
 
11. Over the last five seasons, Kiwifruit New Zealand  has received 131 applications for 
collaborative marketing arrangements. 118 applications have been approved; 11 applications have 
been declined.  
 
Applications were declined because they could not demonstrate that they met the criterion for 
approval - contributing to an increase in the overall wealth of New Zealand  kiwifruit suppliers through 
a collaborative marketing arrangement with Zespri Group Limited.  
 
Questions  
 
Paragra ph 3.159, page 76: "The Government Procurement Rules, which regulate different phases 
of the procurement process from planning to the contract award, are mandatory for government 
departments, the New Zealand  Police, the New Zealand  Defenc e Force, and most of the Crown 
entities.107 All other government agencies are encouraged but not obliged to follow the Rules."  WT/TPR/M/426/Add.1  
 
- 55 - 
 
  EU question No. 12:  The list of  NZ "mandated agencies -government procurement", includes a list 
of agencies that are not required to apply the government procurement rules but are however 
"encouraged to apply them". In this regard, could New Zealand  give some detail on the measures 
effectively implemented to encourage that application among those agencies? Are there any 
measures spec ifically related to the fifth government procurement principle (play by the rules by 
being accountable, transparent and reasonable) and open advertising (rule 35)?  
 
Response:  
Agencies that are encouraged, but not obliged, to follow the Rules are entitled to:  
• use the GETS tendering portal;  
• access training and information sessions centrally offered to mandated agencies;  
• participate in collaborative purchasing arrangements, and;  
• are able to access centrally provided advisory services on requ est.  
 
New Zealand  Government Procurement also engages with these agencies regarding procurement 
policies and their procurement practices . There are no formal measures for encouraging these 
agencies to follow the Rules, apply the principles or use open adv ertising .  
 
Questions  
 
Paragraph 3.209, page 87:  "The Copyright Act 1994, Copyright (General Matters) 
Regulations  1995, Copyright (Border Protection) Regulations 1994, and Copyright (Infringing File 
Sharing) Regulations 2011 continue to provide the legal and regulatory basis for copyright protection 
and enforcement in New Zealand . The Copyright Act and associated regu lations were amended on 
several occasions during the review period."  
 
EU question No. 13:  Could New Zealand  provide the latest state of play as regards main open 
issues in the context of the reform of its Copyright regime, as well as the envisaged timefra me for 
the conclusion of the entire process?  
 
Response:  
Submissions received by the MBIE in response to the discussion paper Review of the Copyright Act: 
Issues Paper  identified a broad range of issues that stakeholders considered should be address as 
part of the review. A summary of the submissions received can be found at:  
https://www.mbie.govt.nz/assets/review -of-the-copyright -act-1994-issues -paper -summary -of-
submissions.pdf .  
 
No decisions have yet been taken on which issues raised by stakeholders will be prioritised for 
addressing through the review process.  
 
The review of the Copyright Act 1994 has been temporarily halted to enable the MBIE to pursue a 
number of high priority Government projects aimed at assisting with New Zealand 's economic 
recovery from the COVID pandemic. A decision on resuming the review is expected to be taken later 
this year.  
 
Questions  
 
Paragraph 3.218, page 89: "Both the number of trademark and copyright -related goods 
intercepted by the NZCS and the number of interception incidents declined steeply from 2014 to 
2019. In 2014, 44,735 items were intercepted during 359 separate incidents, compared to 6,954 
items  intercepted during 34 incidents in 2019. The number of incidents occurring at mail centres 
declined particularly sharply during the same period, from 245 in 2014 to 4 in 2019 (Table 3.18). 
The reason for these declines is unknown, but may be due to a chan ge in behaviour by a small 
number of traders. New Zealand  has not traditionally been a top destination market for IP infringing 
goods, as it is a small market that is geographically isolated from other countries with relatively high 
transport and logistic costs."  
 
EU question No 14 : Could New Zealand  provide further information on specific measures 
addressing IP infringement of goods sent in postal or express couriers' consignments?  
EU question No. 15 : Has New Zealand  noted a change in the number of interception of goods in 
the years 2020 and 2021 in the context of the COVID -19 pandemic and the related increased use of 
e-commerce by consumers?  WT/TPR/M/426/Add.1  
 
- 56 - 
 
  Response:  
14. New Zealand  Customs Service (Customs) maintains a working relationship with industry 
representative bodies as well as individual rights holders to manage information flows on registered 
trademarks and in identification of possible infringing consignments.  
 
Express couriers (or fast freight) operators are required to lodge an electronic manifest of goods 
consignment prior to arrival in New Zealand  for risk screening purposes.  
 
Entity specific alerts are managed in this process and are based on credible intelligence for 
intervention or indeed in response to risk profiles.  
 
Customs' experience has shown that targeting known risk entities is by far more s uccessful in 
targeting the importation of infringing goods as descriptions of goods are variable and are non -
verified by fast freight industry to any great degree.  
 
In the postal stream, New Zealand  is moving to an aligned electronic targeting and clearanc e system 
likely to commence late 2023 or early 2024 (where electronic advance data is available) which will 
align with and allow for automated targeting.  
 
In the interim, physical profiling of inward mail consignments is completed and officers receive 
specific training from industry rights holders and representative bodies on identification of 
counterfeit or infringing products on a regular basis.  
 
Customs' focus is on commercial importation of infringing goods with intelligence from interceptions 
used to i nform entity -specific targeting of either Consignor or consignee details.  
 
15. Customs saw changes in supply chains during the Covid pandemic, including where e -
commence became notably more common than previously due to increased internet shopping. 
Express  freight has also remained at higher levels than prior to the pandemic. The statistics available 
for this period (up to Q2 2020), available  here, show that the number of interceptions remained low.  
 
Questions  
 
Paragraph 3.219, page 89:  "New Zealand 's creative and broadcasting industries have been 
impacted by digital piracy. Two industry -commissioned 2018 reports found that 10% -11% of 
New Zealand ers "nor mally" stream pirated content, although there is some evidence that these 
numbers may be declining due to improved access to free and paid material on -demand. Another 
study found that nearly 25% of New Zealand  Internet users download infringing copies of m usic, 
with 20% having used stream ripping in the preceding three months. The industries have encouraged 
the Government to pursue site -blocking legislation that would be effective against both local and 
off-shore websites and to ban the import and sale of i llicit streaming devices. They have also 
suggested narrowing the existing Internet service provider liability safe harbour provisions, which 
they claim have been abused by online intermediaries, including search engines and social media 
platforms, to comme rcially exploit unlicensed copyrighted works."  
 
EU question No. 16:  Could New Zealand  provide further information on possible measures being 
introduced to improve IP enforcement in the digital environment?  
EU question No. 17:  Has the government implemented  or does it intend to implement any 
measures regarding site -blocking legislation that would be effective against both local and off -shore 
websites and to ban the import and sale of illicit streaming devices? If so, what have been the results 
of these measu res so far?  
 
Response:  
16. Measures to further improve copyright enforcement in the digital environment are being 
considered as part of the review of the Copyright Act. At this point in time, no decisions have been 
taken regarding what new measures should be implemented.  
 
17. We consider that nothing in the Copyright Act 1994 or the High Court Rules prevent right 
holders from applying to the courts for website -blocking injunctions to be granted. We note that 
copyright holders have not to date sought a website -blocking injunction from the courts.  
 WT/TPR/M/426/Add.1  
 
- 57 - 
 
  Furthermore, copyright holders are able to take legal action against the importation and/or sale of 
illicit streaming devices .  
 
The review of the Copyright Act is likely to consider whether any additi onal measures should be 
implemented to further facilitate copyright holders applying for website -blocking injunctions and to 
address the importation and sale of illicit streaming devices.  
 
Questions  
 
Paragraph 4.8, page 94:  "Restrictions on dairy exports t o specific tariff quota markets were phased 
out by the end of 2010, ending the Fonterra Co -operative Group's exclusive rights to export to 
designated restricted markets. Currently, the MPI allocates licences for export of prepared edible 
fats to Japan; mil k powder to the Dominican Republic; butter, cheddar cheese, and cheese for 
processing to the European Union; and cheddar, low -fat, certain types of cow's milk cheese, and 
American -type cheeses to the United States. " 
 
EU question No. 18:  Following up on the  replies provided in 2015 New Zealand  WTO TPR about 
the Dairy Industry Restructuring Act, and to assess progress made during the review period, the 
European Union would like to know:  
a) The number of companies collecting and/or processing raw milk, and th e share of Fonterra in 
total collection and/or processing of New Zealand  raw milk, and  
b) The number of companies exporting dairy products from New Zealand , and the share of 
Fonterra in total dairy exports from New Zealand . 
c) Based on export licences issu ed for imports under quota, are there export destinations where 
Fonterra is still the only New Zealand  provider? If so, which ones?  
d) Could New Zealand  share its conclusions on the report from the Commerce Commission on 
the state of competition in domestic dairy markets, which was expected in 2016?  
 
Response:  
a) There are 48 companies in New Zealand  collecting and/or processing raw milk. Fonterra holds 
a 79% share in the total collection and/or processing of New Zealand  raw milk.  
b) New Zealand  is unable to confirm the total number of companies exporting dairy products 
from New Zealand , due to the high number of companies in the dairy sector. However, we are able 
to confirm that Fonterra holds a 78% share of total dairy exports from New Zealand . 
c) There are no destinations where Fonterra is the only New Zealand  exporter to countries 
maintaining dairy import quota systems.  
d) The Commerce Commission report  on the state of competition in New Zealand  domestic dairy 
markets was released in 2016 following an extensive consultation process. The report was solely 
concerned with competition in New Zealand 's domestic dairy markets. The report recommended the 
retent ion of the existing pro -competition regulatory regime in the Dairy Industry 
Restructuring  Act 2001 (DIRA). This regime remains in place today and is required by statute to be 
reviewed at 5 -year intervals to ensure it remains fit for purpose in promoting th e contestability and 
efficiency of New Zealand 's domestic dairy markets. The last review was commenced in 2018 and 
resulting amendments were passed in 2020.  
 
Questions  
 
Paragraph 4.64, page 104:  "There is no restriction on cross -border supply of financial services, 
including insurance relating to transport and transit of goods; reinsurance and retrocession and 
services auxiliary to insurance; provision and transfer of financial information and financial data 
processing and related software; adviso ry, intermediation, and other auxiliary financial services; and 
certain electronic payment and portfolio management services."  
 
EU question No. 19:  The Report specifies that "certain" electronic payments are under no 
restriction. Which are the electronic payments restricted on cross -border supply of financial services?  
 
Response:  
New Zealand  has reserved the right to implement restrictions on certain  electronic payments for the 
cross-border supply of financial services in its FTAs and other international arrangements. Examples 
of this include regulations on electronic payments for the purposes of anti -money laundering and 
fraud prevention.  
 WT/TPR/M/426/Add.1  
 
- 58 - 
 
  Questions  
 
Paragraph 4.84, page 109:  "There are 88 licensed insurers currently operating in New Zealand , 
with approximately NZD 12 billion in gross premiums. Foreign -owned insurers account for 77% of 
gross premiums. Not all insurers that operate in New Zealand  are required to be licensed. The largest 
non-licensed insurers are government -owned. Based on gross premium revenue in 2020, general 
insurance constitutes 62% of gross premiums, with 23% for life insurance and 15% for health 
insurance. " 
 
EU question No. 20:  What type of insurers are excluded from requiring a license in order to operate 
in New Zealand ? 
 
Response:  
S15(1) of IPSA says " Every person who carries on insurance business in New Zealand  must hold a 
licence. " 'Carrying on insurance business' is defined by s8 -9 of IPSA as (among other things) as 
being liable under a contract of insurance to a New Zealand  policyholder.  
 
The definition of 'insurance' excludes, under s7 of the IPSA Act, activities such as gamblin g, 
derivatives and discretionary insurance (where benefits aren't guaranteed).  
 
There are specific carve -outs from the definition of 'carrying on insurance business' under s8 of the 
IPSA Act for public sector entities, certain professional associations and  bailees.  
 
Under s9 of the IPSA Act, the Reserve Bank of New Zealand  also has the power, under certain 
conditions, to deem an entity out of the definition of 'carrying on insurance business'.  
 
The IPSA Act is available here:  
https://www.legislation.govt.nz/act/public/2010/0111/latest/whole.html#DLM2478262 . 
 
Questions  
 
Paragraph 4.119, page 116:  "To reflect changes in technology and in the wider economy and 
society, and to strengthen privacy protections, the Privacy Act 2020 was adopted to replace the 
Privacy Act 1993. The Act is enforced through the Privacy Commissioner, which has the power to 
investigate any action which appears to interfere with the privacy of an individual and can do so 
either on a complaint made to the Commissioner or on the Commissioner's own initiative. It provides 
the principles for protecting personal information and puts  responsibilities on agencies and 
organizations about how they must collect, use, disclose, store, retain, and give access to personal 
information. It applies to any person or body of persons, whether corporate or unincorporated, and 
whether in the public sector or in the private sector, and it has extraterritorial scope, i.e. it applies 
to any actions taken by an overseas agency in the course of carrying on business in New Zealand ." 
 
EU question No 21:  This paragraph reflects changes implemented by the Pri vacy Act 2020. The 
Privacy Act specifies certain standards for how you share individuals' personal information. On the 
other hand, Māori data sovereignty – as advocated for by Maori - relates to the rights and interests 
that Māori have to their digital inf ormation and its ethical distribution. It aims to protect the 
knowledge and information that comes from uniquely Māori sources. Therefore, is the Privacy 
Act 2020 considering special provisions for certain groups such as the Maori´s Community?  
 
Response:  
New Zealand  is not currently considering such provisions in the Privacy Act.  
 
The Privacy Act 2020 already requires the Privacy Commissioner to take account of cultural 
perspectives on privacy (section 21(c)). Tikanga Māori is Māori customary law  and has been 
recognised by the New Zealand  courts as part of the common law. (See the recent High Court 
decisions, here: https://www.privacy.org.nz/publications/case -notes -and-court-decisions/case -
note-high-court-decisions -te-pou-matakana -limited -v-attorney -general -no-1-2021-nzhc-2942-
and-no-2-2021-nzhc-3319/ . 
 
The Office of the Privacy Commissioner (OPC) is undertaking work in partnership with Māori to 
explore Māori cultural perspectives on privacy and to understand Māori customary law and practice WT/TPR/M/426/Add.1  
 
- 59 - 
 
  with respect to privacy, with a view to reflecting on ho w the two principles -based systems can 
interact. This work is currently in its early stages.  
 
See OPC's statement of intent (p 8) and four -year plan for work on applying a Te Ao Māori lens to 
privacy, here: https://www.privacy.org.nz/assets/New -order/Resources -/Publications/Corporate -
reports/SOI -2020-2024-final-version -Signed -v2.pdf . 
 
Questions  
 
Paragraph 4.128, pa ge 117:  "To support domestic connectivity, the Government allocated 
NZD 30 million to the Essential Transport Connectivity (ETC) Scheme for aviation initiatives and an 
additional NZD 20 million for ETC non -aviation initiatives."  
 
EU question No. 22:  The Report specifies that the government allocated NZD 20 million for ETC 
non-aviation initiatives. What type of activities are considered under this definition?  
 
Response:  
The non -aviation activities referred to are transport services carried out on land – such as bus 
services – or on water, such as ferry services . 
 
Questions  
 
Paragraph 4.135, page 118:  "Under the Civil Aviation Act 1990, an airline wishing to operate a 
scheduled international air service to or from New Zealand  is required to hold a scheduled 
international air service licence or an open aviation market licence. The latter is applicable only for 
scheduled services between New Zealand  and a list of countries/territories specifically designated 
by the Minister of Transport. In 2015, the list consi sted of Australia, Brunei Darussalam, Chile, the 
Cook Islands, Luxembourg, Malaysia, Samoa, Singapore, Tonga, the United Arab Emirates, and 
the United States."  
 
EU question No. 23:  Could New Zealand  provide further information about the conditions for a 
foreign airline to establish a national scheduled air service? Do foreign companies also need a license 
to provide recreational services?  
 
Response:  
A foreign entity intending to establish a national scheduled air service or other aviation operation in 
New Zealand  would be subject to generic inward investment rules, administered by the Overseas 
Investment Office.  
 
There is no economic regulation of dom estic aviation, including recreational, in New Zealand . While 
not requiring an economic licence (which are issued only to international airline operators), a new 
domestic airline/aviation operator would need to comply with New Zealand 's aviation safety and  
security requirements before it could commence operations. The New Zealand  Civil Aviation 
Authority is responsible for issuing the appropriate certification, e.g., for scheduled domestic 
passenger services, for other commercial activities such as aerial s praying or mapping, or for 
recreational purposes.  
 
Questions  
 
Paragraph 4.146, page 120:  "Private companies may also undertake auxiliary services activities 
in seaport areas. In 2021, however, private shareholding in seaport companies remained limited: 8 
of the 13 port companies were entirely owned by local authorities."  
 
EU question No. 25:  Is New Zealand 's Government taking any steps to allow for greater private 
sector participation?  
 
Response:  
The Government is currently developing a freight and supply chain strategy for New Zealand . The 
role of ports and their ownership structure is being considered as part of that process.  
 WT/TPR/M/426/Add.1  
 
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  Government Report  
 
Questions  
 
Paragraph 2.8, page 5:  "A key priority for the New Zealand  Government is responding to climate 
change and supporting sustainability and a just transition to a low carbon economy. In 2021 the 
Government strengthened its global emission reduction target to reduce New Zealand 's net 
greenhouse emissions by 50% by 203 0 and committed to phasing out coal. The 2019 Climate 
Change Response (Zero Carbon) Amendment Act set targets to make New Zealand  carbon neutral."  
 
EU question No. 26:  The future of the agricultural sector in terms of carbon pricing is still uncertain. 
A consultation (He Waka Eke Noa) has been held to put a price on a ton of carbon for the agricultural 
sector. If the sector does not mobilise to put in place a pricing methodology, it will be integrated 
into the general carbon market. New Zealand  is a forerun ner in this area. With regard to its 
agricultural imports, how does New Zealand  plan to put a price on a ton of carbon?  
 
Response:  
Under the Climate Change Response (Emissions Trading Reform) Amendment Act 2020, emissions 
from agriculture will be priced by  2025. The Act requires responsible Ministers to report publicly on 
a system for pricing the emissions from agricultural production by the end of 2022. Details on pricing 
mechanisms will be made public in this report.  
 
As part of the process for pricing emissions, the He Waka Eke Noa Primary Sector Climate Action 
Partnership was formed as a partnership between government, the primary sector, and iwi/Māori to 
equip farmers and growers to measure, manage, and reduce on -farm agricultural greenhouse g as 
emissions and adapt to climate change. Details of the measures remain under active consideration.  
 
The He Waka Eke Noa website is available here: https://hewakaekenoa.nz/ . 
 
Questions  
 
Paragraph 3.19, page 11:  "Since 2001, New Zealand 's FTAs contain a Te Tiriti o Waitangi/Treaty 
of Waitangi exception clause which, combined with other provisions, protects the government's 
ability to adopt policies that fulfil its obligations to Māori, including under the Te Tiri ti o 
Waitangi/Treaty of Waitangi."  
 
EU question No. 27:  Can New Zealand  clarify the implications of the Treaty of Waitangi for its trade 
policy and FTA negotiations?  
 
Response:  
Māori have a unique status in Aotearoa New Zealand  as the government's Treaty p artner. Since  2001 
we have included a Treaty of Waitangi clause in all of our Free Trade Agreements to reflect the 
constitutional significance of the Treaty of Waitangi/Te Tiriti o Waitangi to New Zealand . This is a 
non-negotiable.  
 
A Te Tiriti o Waitangi/ Treaty of Waitangi clause (and related exceptions) serves to preserve the pre -
eminence of Te Tiriti o Waitangi/The Treaty of Waitangi in New Zealand  ensure that nothing in the 
text of an FTA would prevent the Crown from meeting its obligations to Māori under Te Tiriti/the 
Treaty . 
 
The exception reserves the policy space for the Government to implement domestic policies in 
relation to Māori in order fo r the Crown to continue to fulfil its obligations under the Treaty, without 
being obliged to offer equivalent treatment to persons of other countries that are party to the 
agreement. The Treaty of Waitangi exception is one of a number of exceptions and res ervations 
which ensures the  Government retains its right to regulate in the public interest.  
 
It is important for New Zealand  to ensure that Māori voices and perspectives are included in our 
trade policy. This is also a key part of New Zealand 's Trade for All agenda.  
 
More information on the implications of New Zealand ' Te Tiriti o Waitangi/Treaty of Waitangi across 
our existing Free Trade Agreements can be found here: https://ww w.mfat.govt.nz/en/trade/trade -
engagement -with-maori/  WT/TPR/M/426/Add.1  
 
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  Questions  
 
Paragraph 4.2, page 11:  "All support provided to agriculture in New Zealand  falls under the 
WTO Agreement on Agriculture "green box" classification for measures exempt from the reduction 
commi tment, as it funds agricultural research and innovation, biosecurity controls for pests and 
diseases, environmental programmes, relief payments, and infrastructural services. A large portion 
of regulatory and operational costs, including border control, is  charged to beneficiaries. 
New Zealand  has an Aggregate Measure of Support commitment level under its Agreement on 
Agriculture bound commitments, but does not use nor plan to use this entitlement. " 
 
EU question No. 28:  Could New Zealand  provide a clear description of funding arrangements for 
the agricultural sector?  
 
Response:  
New Zealand  provides clear descriptions of funding arrangements for the agricultural sector within 
our domestic support notifications (DS:1) under the Agreement on Agriculture.  
 
The funding arrangements for the agricultural sector in New Zealand  are focused on general services 
research, disease and pest control, and infrastructural services, as well as payments for relief from 
natural disasters, and environmental programmes.  
 
In terms of research, funds are provided by the Ministry of Ministry of Business, Innovation and 
Employment (MBIE)  for research directly related to agricultural production including forage, animal 
and dairy industries, horticulture, arable and other food and b everage industries. There is further 
funding from Sustainable Food and Fibre Futures which is the merger of two pre -existing funds: the 
Primary Growth Partnership and the Sustainable Farming Fund.  
 
In relation to disease and pest control, funding is provid ed at the border for biosecurity systems 
development and maintenance, as well as monitoring and clearance. Further funding is provided for 
biosecurity incursion responses and long -term pest management, domestic biosecurity surveillance, 
control of tubercul osis vectors, and finally for regional councils on control of pests and diseases.  
 
For infrastructural services, funding is provided for regional councils for flood control purposes 
only - specifically for capital investment and maintenance of off -farm flo od protection and land 
drainage schemes.  
 
In terms of natural disaster relief, funding is provided to support agricultural industries in the 
aftermath of adverse climatic events, and further funding is available to support farming families 
affected by adve rse climatic events when they have no other significant income and is provided to 
meet essential living expenses. The benefit covers minimal living needs for up to 12 months. 
Eligibility is assessed on a four -weekly basis.  
 
Finally, funding is provided for  environmental programmes, specifically Regional Council soil 
conservation. These programmes are part of a national policy for sustainable management under 
the Resource Management Act and the Soil Conservation and Rivers Control Act. The programmes 
are und ertaken by regional councils and typically provide 50% to 70% of the cost of soil conservation 
practices undertaken by farmers in order to fulfil the legislative requirements.  
 
The monetary value of the funding arrangements for the agricultural sector are outlined in 
New Zealand 's previous domestic support notifications .  
 
Questions  
 
Paragraph 5.14, page 17:  "Making New Zealand 's trade policy more sustainable is a key focus of 
Trade for All. The Trade for All Advisory Board recommended updating New Zealand 's trade and 
environment principles, which guide New Zealand 's FTA engagement in this area. The Government 
accepted the recom mendation and a refresh is underway. " 
 
EU question No. 29:  Could New Zealand  provide information on how it plans to address the issue 
of imported deforestation in its trade policy as this question was not included in the report?  
 WT/TPR/M/426/Add.1  
 
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  Response:  
The New Zealand  Government is currently developing a legal harvest assurance system for both 
imported and locally produced wood products. New Zealand 's own deforestation rate is low due to 
our strong commercial plantation forestry sector, comprehensive land and resource u se legislation, 
strict rules on harvesting of indigenous forests, and forestry rules in our Emissions Trading Scheme.   
 
Questions  
 
Paragraph 5.21, page 18:  "New Zealand  is leading the first -of-its-kind Agreement on Climate 
Change, Trade and Sustainability (ACCTS) trade initiative in a group of six likeminded countries. It 
seeks to liberalize trade in environmental goods and services, develop binding disciplines to eliminate 
harmful fossil fuel subsidies, and develop best -practice guidance for voluntary eco -labelling 
schemes. ACCTS is an open plurilateral initiative, that aims for multilateral outcomes over time and, 
once concluded, will be open to WTO Members that meet the established standard. " 
 
EU question No. 30:  In September 2019, New Zealand  launched an initiative (Agreement on 
Climate Change, Trade and Sustainability) with four countries (Costa Rica, Fiji Islands, Iceland and 
Norway) which aims, among other things, to liberalise tariffs on environmental goods and services. 
Since it concerns a limited range of goods and services, how does New Zealand  view the WTO 
compatibility of the ACCTS agreement (in particular with GATT Article XXIV)? Will this agreement 
benefit other WTO members under the MFN clause?  
 
Response:  
The ACCTS initiative brings  together a number of trade policy actions that will support and advance 
climate and sustainable development objectives. The initial ACCTS participants are New Zealand , 
Costa Rica, Fiji, Iceland, Norway and Switzerland . Once initial negotiations conclude, ACCTS will, as 
an 'open plurilateral', be available for other WTO members to join if they are able to meet its high 
standards. In this way it is intended that ACCTS will be a 'pathfinder' for multilateral outcomes.  
 
In launching the ACCTS in 2019, Leaders were clear that the ACCTS will be compliant with WTO and 
other international agreements, and supportive of multilateral rules and institutions, providing a 
pathway to multilateralism over time. This includes compatibility with GATT Article XXIV.  
 
Questions  
 
Paragraph 5.22, page 18 : "Since 2015 New Zealand  has developed and improved its legislative 
settings to address migrant exploitation, forced labour, trafficking in persons and modern slavery, 
as well as becoming party to a number of international treatie s. Regulations prohibit the import of 
goods made with prison labour. Under the Government's Plan of Action against Forced Labour, People 
Trafficking and Slavery, launched in 2021, legislation to combat exploitation in New Zealand 's global 
supply chains is being explored. Public consultation on options for addressing modern slavery in 
supply chains is expected to begin in 2022. " 
 
EU question No 31:  Is New Zealand  considering ratification of those core ILO Conventions to which 
it is not yet a party (Freedom o f Association and Protection of the Right to Organise Convention 
No. 87 and Minimum Age Convention No. 138)?  
 
Response:  
New Zealand  keeps significant unratified ILO Conventions under review in light of domestic policy 
priorities and portfolio work programm es. New Zealand  regularly reports to the ILO on the status of 
unratified Fundamental Conventions.  
 WT/TPR/M/426/Add.1  
 
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  EUROPEAN UNION – FOLLOW UP QUESTIONS  
EU question 10 Follow up Questions  
 
1. Could NZ indicate what percentage of kiwifruit exports to all markets (except Australia) were 
carried out annually by Zespri since 2015?  
 
2. Has any entity (other than Zespri) been authorized to export kiwifruit to any market (except 
Australia) since 2015 without the involvement/association of Zespri itself [i.e. th rough 
collaborative marketing arrangements with Zespri]?  
 
Response:  
 
1. The total Exports to all markets (except Australia) carried out by Zespri can be found below: 
(percentage of tray equivalents exported):  
 
i. 2015: 98.7%  
ii. 2016: 98.8%  
iii. 2017: 98.1%  
iv. 2018: 98.0%  
v. 2019: 98%  
vi. 2020: 97.8%  
vii. 2021: 97.7%  
 
2. No entities (other than Zespri) have been authorised to export kiwifruit to any market (except 
Australia) since 2015. Entities have arranged for export to other markets (except Australia) via 
collaborative marketing arrangements with Zespri.  
 
EU question 11 Follow up Questions  
 
1. To what extent would the intervention of the NZ government (or Ministers) be necessary to 
allow a New Zealand  producer to export kiwifruit fully independe ntly from Zespri - for 
example in cases where any such arrangement were not legal in the destination market?  
 
2. Given Zespri 's solid growth as a direct supplier of kiwifruit (throughout the year in certain 
cases) in foreign markets – and its potential (if no t actual) dominant position in some of 
these markets – how does NZ plan to ensure the possibility for producers in New Zealand  to 
export to markets (other than Australia) where collaboration with Zespri [such as through 
collaborative marketing arrangements ] would expose them to prosecution for illegal 
behaviour under anti -trust law in those jurisdictions?  
 
Response:  
 
1. In order for a New Zealand  producer to export kiwifruit fully independently from Zespri, except 
in the case of Australia, the intervention  of the New Zealand  government would be required. This 
would include the creation of a new regulation(s) as required by the Kiwifruit Industry Restructuring 
Act. 
 
2. The New Zealand  Government expects companies to follow domestic New Zealand  law and 
our exporting companies to follow the law in export markets. The enforcement of the law in other 
jurisdictions is a question for that jurisdiction.  
 WT/TPR/M/426/Add.1  
 
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  ICELAND  
Questions  
 
What is the participation of women in the economy of New Zealand ? 
 
Response:  
As at March 2022, women 's labour force participation is 66.4 percent. While this represents an 
increase of over 10 percentage points since 1990, it still remains lower than the rate for men, 
at 75.6%.  
 
Similarly to global trends, Women have different labour market characteristics than men. For 
example, women have greater participation in part -time work, higher rates of underutilisation, and 
are more likely to take breaks from th e paid workforce to undertake caring.  
 
Of all working women in the paid workforce, nearly one in three work part -time, i.e. less than 
30 hours per week. 69.5 % of part -time workers are women.  
 
Occupational segregation is prevalent in New Zealand , as women 's and men 's employment continues 
to be spread differently across industries. In the year to September 2021 nearly 60 % of women 
were concentrated in the following top four industries: Health Care and Social Assistance, Retail 
Trade and Accommodation, Educat ion and Training and Professional, Scientific, Technical, 
Administrative and Support Services.  
 
New Zealand  is taking a number of steps to address barriers to women 's participation in the 
economy  – please see New Zealand 's response to TPR questions 278, 27 9, and 280.  
 
Question  
 
Have specific barriers that limit women 's participation in trade been identified?  
 
Response:  
Over 2021/22, New Zealand  and OECD conducted and published a joint review of New Zealand 's 
Trade and Gender settings. It sets out policy recommendations to help tackle the barriers that 
women face in engaging in trade and ensure that they share in the benefits from trade. Many of the 
largest barriers to business expansion and trade for female entrepreneurs are similar to their male 
counterparts. Distance to foreign markets is the biggest challenge, followed by navigating customs 
regulations. However the review shows women can face additional challenges, including shallow 
business networks, cult ural norms in overseas markets, and the burden of unpaid responsibilities. 
The full report can be found here. 
 
Question  
 
Has New Zealand  implemented any specific measures to encourage women 's participation in trade 
and promote women 's entrepreneurship, or are such measures being developed?  
 
Response:  
New Zealand  is encouraging women 's participation in trade and promoting women 's 
entrepreneurship through:  
 
• The Global Trade and Gender Arrangement, a pioneering approach to help improve women 's 
participation in trade. New Zealand  is a founding member of this Arrangement.  
• A Trade and Gender Equality chapter was negotiated as part of the recently agreed 
New Zealand  – United Kingdom FTA. The chapter contains provisions to advance women 's 
economic empowerment and to promote gender equality.  
• The recently concluded New Zealand  – European Union FTA includes a trade and gender 
equality artic le with ground -breaking commitments on women 's economic empowerment 
and gender equality that are subject to binding dispute settlement.  
• New Zealand 's trade promotion agency, New Zealand  Trade and Enterprise (NZTE), has 
created a Women in Export lead to hel p improve NZTE 's support to women -led and women -
owned exporting firms.  WT/TPR/M/426/Add.1  
 
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  • Te Mahere Whai Mahi W āhine:  Women 's Employment Action Plan  was launched 
30 June 2022 and contain actions focused on supporting women entrepreneurs.  
• New Zealand  has recently completed the information gathering requirements for the 
International Trade Centers SheTrades Outlook tool . Findings f or New Zealand  are due to be 
published later in the year and will help to benchmark New Zealand 's policy settings.  
 
In addition to the actions noted above, the review of New Zealand  Trade and Gender settings made 
a wide range of recommendations. New Zealan d officials are working through these 
recommendations with a view to implementation.  
 
Question  
 
Are the effects of trade policy on women and men measured and monitored, and if so, how?  
 
Response:  
New Zealand  Ministry of Foreign Affairs and Trade (MFAT) has been developing distributional data 
on goods exporting firms, using New Zealand 's administrative data. The first tranche of data, which 
can be found in a paper here and accompanying open data release here, includes a snapshot of 
women 's participation in trade as workers, as leaders, and as business owners/entrepreneurs. This 
data co ntinues to be developed and refined. Planned extensions include turning the data into time 
series, extending to goods importing firms, and including services trade.  
 
In addition to this highly detailed picture, MFAT has developed top -down estimates of the number 
of women employed in the export and tradables sector. This data was included in the Trade and 
Gender Review. These estimates are less accurate but more timely, and enable New Zealand  to 
monitor women and men 's employment in trade over time.  
 
The dis tributional data noted above was combined with traditional CGE modelling outputs to make 
an assessment of the impact of the New Zealand  – United Kingdom FTA on women. The analysis is 
fairly basic at this stage – estimated impacts on output and employment a t the sectoral level from 
the CGE modelling were combined with the gender disaggregated data noted above. The assessment 
can be found in chapter 7 of the National Interest Analysis here. 
 WT/TPR/M/426/Add.1  
 
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  INDIA  
WT/TPR/S/426 P -7 3. According to the IMF, New Zealand 's fiscal and monetary mix has been 
successful in promoting economic recovery and maintaining price stability. Under recent 
amend ments to its monetary policy framework, price stability is defined as annual increases in the 
consumer price index of between 1% and 3% on average over the medium term, with a focus on 
keeping future average inflation near the 2% midpoint of the Reserve Ba nk of New Zealand  (RBNZ) 's 
target. The RBNZ has also included, for the first time, a second objective of encouraging maximum 
sustainable employment. Annual inflation averaged 1.3% during 2015 -20; the IMF estimates that it 
increased to 3% in 2021 owing to h igher commodity prices and increases in shipping costs. During 
the review period, New Zealand  registered fiscal surpluses up to 2018/19, largely due to spending 
restraint. Fiscal deficits followed in 2019/20 and 2020/21 on account of the large -scale fiscal  
measures (expenditure and revenue forgone) in response to the pandemic.  
 
Question 1 : How does New Zealand  define sustainable employment? And does it apply to 
expatriates? If so, how and to what extent?  
 
Response:  
The RBNZ has defined maximum sustainable e mployment as "the highest utilisation of labour 
resources that can be maintained over time without generating an acceleration in inflation ".  
 
This does not apply to expatriates as monetary policy in New Zealand  is unable to influence labour 
market conditions in other countries (where New Zealand  citizens may reside). It would, however, 
apply to the labour force within New Zealand , which would in clude citizens from other countries 
residing in New Zealand . 
 
WT/TPR/S/426 P -7 5. During the review period, New Zealand  developed its new trade strategy, 
the Trade for All Agenda, based on a wide public consultation process that took place in 2018. The 
Agenda aims to ensure that New Zealand 's trade policy benefits all New Zealand ers and is coherent 
and supportive of other government policies targeted to achieve sustainable and inclusive economic 
development. In June 2020, New Zealand  also adopted the Trade Recovery Strategy, which 
included: (i) broadening the support for exporters; (ii) working towards strengthening and reforming 
the WTO and pursuing trade agreements; and (iii) refreshing major trade relationships to achieve 
further trade diversification.  
 
Question 2:  Enumerate and explain the measures undertaken for broadening support to exporters? 
What is entailed under refreshing trade partnerships to achieve further trade diversification?  
 
Response:  
New Zealand 's 'Trade Recovery Strategy ' was implemented to help New Zealand  recover from the 
impacts of COVID 19 and seize new opportunities for exports and investments. Under this Strategy, 
New Zealand  has increased support and information services offered to exporters. This support is in 
place to help New Zealand  companies get positioned and ready to recover markets quickly . 
 
New Zealand 's 'Budget 2020 ' included a NZD 216 million package from the COVID -19 Response and 
Recovery Fund to support New Zealand 's exporters and international businesses. This work is led by 
New Zealand  Trade & Enterprise (NZTE) and the Ministry of Foreign Affairs and Trade (MFAT). 
Priorities under the 2020 Trade Recovery Strategy included:  
 
• Significantly increasing the number of ex porters receiving intensive support from NZTE and 
other agencies. This provided access to tailored resources to develop capability and connect 
with overseas markets and global partners. NZTE also boosted its reach across 
New Zealand 's broader export sector  through initiatives such as increased delivery of 
practical digital services and tools and strengthening of its Regional Business Partner 
network. The focus in 2022 and beyond will be to support this new and increasingly diverse 
customer base to lift thei r capability to grow, which will increase the inclusivity, breadth and 
resilience of New Zealand 's export sector.  
 
• Increasing in -market support to exporters through New Zealand 's offshore network, 
including growing NZTE 's team of in -market business develop ment managers in priority 
markets. This meant more "boots on the ground " for exporters while international travel was 
restricted. New Zealand  is now progressively re -opening its border to visitors and WT/TPR/M/426/Add.1  
 
- 67 - 
 
  reconnecting with the world – a critical period for the  government to support exporters 
reconnecting with markets and rebuilding their businesses.  
 
• Intensifying MFAT 's Economic Diplomacy programme, delivered in close coordination with 
other agencies, to support exporters unable to travel to markets and/or fac ing new trade 
barriers. Improved exporter tools and services include:  
o Making our trade barriers portal more user -friendly for exporters facing issues 
offshore (www.tradebarriers.govt.nz/ )  
o Improving our exporter helpdesk service, tariff finder and launching a tool for 
services exporters (www.mfat.govt.nz/en/trade/how -we-help-exporters/ )  
o More international market insigh t reports drawn from our offshore network and other 
agencies (www.mfat.govt.nz/en/trade/mfat -market -reports/ )  
 
Many of the export products for which New Zealand  is best known internati onally are heavily 
concentrated in a few markets. Opening up opportunities to expand  and increase value across the 
range of products exported by New Zealand , as well as to grow trade into additional markets, has a 
valuable role to play in efforts to build an appropriately diversified trade portfolio to assist in recovery 
from the economic impacts of COVID -19, and to increase longer term resilience.  
 
Expansion of New Zealand 's network of free trade agreements is a key contributor to opening up 
opportunities for diversification. In 2022 New Zealand  has concluded high -quality, comprehensive 
and inclusive FTA 's with the United Kingdom and the European Union.  New Zealand  is also engaging 
with the Gulf Cooperation Council and Pacific Alliance on an FTA.  
 
In additi on to improving access to a range of markets, government can assist in building profile and 
awareness of New Zealand  in key high value markets, as a producer of sustainable and high quality 
products. This has included campaigns to broaden our national bran d appeal by promoting 
New Zealand  as a safe, sustainable and stable location to do business with, invest and (following 
the reopening of borders) visit.  It has also included trade missions.  
 
WT/TPR/S/426 P -7 6. New Zealand  is a firm supporter of the multilateral trading system and 
remains actively engaged at the WTO. It took leadership roles as chairs of various WTO bodies, 
including the General Council in 2020, and promoted and participated in discussions on joint 
initiati ves such as, for example, micro, small, and medium -sized enterprises, e -commerce, services 
domestic regulation, investment facilitation, trade and gender, and trade and climate. It also 
supports a TRIPS waiver on COVID -19 vaccines, as well as reforms to st rengthen the WTO. In 2015, 
New Zealand  ratified the Agreement on Trade Facilitation, endorsed the expansion of the Information 
Technology Agreement, and also joined the plurilateral Agreement on Government Procurement 
(GPA). New Zealand  maintains a strong record of notifications, providing more than 300 notifications 
to the WTO since January 2015.  
 
Question 3 : Explain the position of New Zealand  on trade and Climate aspects in the WTO?  
 
Response:  
New Zealand  considers that the urgency of the climate crisis requires all levers to be used. We 
believe the WTO, and trade policy in general, has a crucial role to play in addressing the climate 
crisis. New Zealand  has sought to be ambitious on trade and climate issu es, and is proactive in this 
area at the WTO .  
 
New Zealand  takes a leadership role in many trade and climate related WTO groupings . For example, 
New Zealand  chairs the Friends of Fossil Fuel Subsidy Reform and we are active in the broader Trade 
and Enviro nmental Sustainability Structured Discussions (TESSD).  We also recently agreed with the 
European Union, Ecuador and Kenya to work jointly to forge an inclusive Coalition of Trade Ministers 
on Climate. This Coalition is intended to provide high level politi cal direction to support technical 
work at the WTO, and to ensure that actions in the WTO, APEC, G20, G7 and other forums are pulling 
in the right direction . Outside of the WTO, New Zealand  is also active in supporting bilateral, 
multilateral and regional fora to advance trade and climate issues (e.g. APEC; UNFCCC).  
 
In order to work towards building momentum for multilateral outcomes, New Zealand , alongside 
similarly like -minded partners (Costa Rica, Fiji, Iceland, Norway and Switzerland) has been 
negotiat ing the ambitious and pathfinder Agreement of Climate Change, Trade & Sustainability 
(ACCTS). The aim of this first -of-its-kind agreement is to bring together some of the inter -related WT/TPR/M/426/Add.1  
 
- 68 - 
 
  elements of the climate change, trade and sustainable development agend as. The ACCTS was 
launched in September 2019 and includes:  
 
• the liberalisation of environmental goods;  
• new and binding commitments for environmental services;  
• disciplines to eliminate harmful fossil fuel subsidies, and;  
• best practice guidelines to inform  the development and implementation of voluntary eco -
labelling programmes and mechanisms.  
 
New Zealand  welcomes interest from WTO Members on the ACCTS initiative and will continue to 
keep Members informed on developments . The aim is for the ACCTS to evolve into an 'open 
plurilateral ' agreement, available for other WTO Members to join if they are able to me et its 
obligations . In this way, we hope that the ACCTS will be an important building block towards 
multilateral outcomes in relation to trade and climate.  
 
WT/TPR/S/426 P -8 12 . The Dumping and Countervailing Duties Act 1988 was amended in 
May 2017 to prov ide for a public interest assessment in the application of anti -dumping and 
countervailing duties. Otherwise, no major changes were made during the review period to 
New Zealand 's legislation and institutional framework on anti -dumping, countervailing and 
safeguard measures. Since its last Review, New Zealand  initiated and completed several anti -
dumping and countervailing investigations, with some anti -dumping duties levied and no 
countervailing duties applied. New Zealand  did not impose any safeguard measur es or undertake 
any safeguard investigations during the review period.  
 
Question 4 : Can New Zealand  enumerate whether the public interest assessment in the application 
of anti -dumping and countervailing duties contains objectively verifiable criteria?  
 
Response:  
The New Zealand  Trade (Anti -dumping and Countervailing Duties) Act 1988 provides that, when 
investigating whether imposing a duty is in the public interest, the matters which must be 
investigated include:  
 
(a) the effect of the duty on the prices of  the dumped or subsidised goods:  
(b) the effect of the duty on the prices of like goods produced in New Zealand : 
(c) the effect of the duty on the choice or availability of like goods:  
(d) the effect of the duty on product and service quality:  
(e) the effect of the duty on the financial performance of the domestic industry:  
(f) the effect of the duty on employment levels:  
(g) whether there is an alternative supply (domestically or internationally) of  like goods available:  
(h) any factor that the chief e xecutive considers essential to ensure the existence of competition in 
the market.  
 
The investigation of these matters includes consideration of objectively verifiable criteria where 
possible, bearing in mind that the investigation involves an assessment o f the effects of a duty that 
is not yet in place, and is therefore an assessment of the likelihood of the existence and extent of 
any effects.  
 
WT/TPR/S/426 P - 9 17 . In 2019, updated Government Procurement Rules came into force, 
introducing the concept of "broader outcomes " to be considered by procuring entities in their 
procurement strategies, individual procurement procedures, and at the contract management stage.  
 
Question 5 : Explain the framework of "Broader outcomes " to be considered by procuring entities 
in their procu rement strategies? How does this criteria fit into the commitment of non -discrimination 
and national treatment under the government procurement?  
 
Response:  
The Government Procurement Rules specifically require that broader outcomes (described below) 
are in corporated in such a way that does not discriminate against any supplier.  
 
Government procurement can be used to support wider social, economic, cultural  and environmental 
outcomes that go beyond the immediate purchase of goods and services. New Zealand 's government 
procurement policy framework requires government entities to consider and incorporate broader WT/TPR/M/426/Add.1  
 
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  outcomes into their procurement decisions. Except where contracts have been designated by the 
Government to achieve a specific outcome (for example, th e purchase of electric vehicles as part of 
New Zealand 's emission reduction plan), entities have discretion to consider outcomes that are 
appropriate for the contract involved. Guidance is centrally provided on how to implement broader 
outcomes at the vari ous stages of procurement activities; see  
https://www.procurement.govt.nz/broader -outcomes/implementing -broader -outcomes/ . 
 
WT/TPR/S/426 P -38 2.54 : The Report states that authorities in New Zealand  ensure that 
New Zealand  Trade and Enterprise (NZTE) generates a net economic benefit for New Zealand , 
initiatives to assist firms ' outward investment must lead to benefits in addition to those that would 
flow on firms  undertaking the investment without assistance.  
 
Question 6 : India would like to know what is construed by 'net economic benefit for New Zealand ' 
and how is it assessed. Further, what are the initiatives in place which assists firms in their outward 
investments?  
 
Response:  
The initiative in place referred to in paragraph 2.54 of the Trade Policy Review is the Strategic 
Investment Fund (the SIF).  The SIF may be available to companies (both foreign and New Zealand  
companies) where it can be demonstrated that such funding will generate a net economic benefit to 
New Zealand . This may be demonstrated in a number of ways including:  
 
• An increase in New Zealand's research and development capability and ability to 
commerciali ze innovations;  
• Adding to existing economic infrastructure in ways that are beneficial to New Zealand  firms;  
• Adding directly to the acquisition of skills and increasing the human capital of existing 
workers; and  
• The creation of substantial net new high value jobs.  
 
The value of the impact of an investment on the New Zealand  economy for every dollar invested is 
measured by the implementing agency, NZTE . The key sources of impact included in the calculation 
are: 
 
• The initial upfront investment/capital expenditure ; 
• The number of jobs created, and skill level/salary of jobs crea ted; 
• Additional expenditure on goods and services in New Zealand ; and  
• Earnings before interest and tax (EBIT) retained in New Zealand . 
 
At present the services provided by NZTE does not include Outward Direct Investment initiatives 
and as such we can 't com ment on the second part of the question . 
 
WT/TPR/S/426 P -46 3.32 : For the purpose of this Review, based on WTO Secretariat 's 
transposition to HS17, it appears that for two tariff lines the MFN duties exceed the bound rates 
in 2021 (Table  3.4). 
Table 3.4 Tariff lines where the MFN applied rates exceed bound rates, 2021  
 
HS code Description  MFN applied  Bound  
84797100 Passenger boarding bridges of a kind used in airports 5% 0%  
84797900 Passenger boarding bridges, other than of a kind used in airports 5%  
 
Question 7 : New Zealand  is requested to explain the rationale of continuing with the aforesaid 
anomaly and steps, if any, initiated to address the same?  
 
New Zealand  is committed to ensuring consistency with bound rates. These tariff lines were created 
in 201 2 when 8479.89.00 (Other/other) was split to accommodate two new subheadings for 
boarding bridges (.71 and .79). At this time, over 190 ITA expansion items were included. These 
two lines could fall into either '0' or 25% bound rates. Due to the limited cov erage and small amount 
of trade, the rates were adjusted to '0' bound rate, while the applied rate incorrectly remained at 
5%. We are currently working on correcting these applied MFN rates, with likely implementation by 
the end of 2022.  WT/TPR/M/426/Add.1  
 
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  WT/TPR/S/426 P -49 3.56.  New Zealand 's RTAs also contain anti -dumping and countervailing 
provisions. Under the Australia -New Zealand  Closer Economic Relations Trade Agreement 
(ANZCERTA) protocol, Australia and New Zealand  have agreed to dispense with anti -dumping action 
in relation to goods produced in either country. However, countervailing measures may be taken by 
either country.  
WT/TPR/S/426 P -49 3.57.  Under the New Zealand -Singapore Closer Economic Partnership 
Agreement, New Zealand  and Singapore may take anti -dumping a nd countervailing action against 
each other. However, in the case of anti -dumping, this agreement provides for a higher de minims 
dumping margin and a higher "negligible imports " volume threshold. In addition, anti -dumping and 
countervailing duties will cease after three years unless reviewed, rather than five years as provided 
for under WTO rules. (QUESTION FROM BOTH PARAS)  
 
Question 8 : In case of any anti -dumping investigation initiation of a product, where imports from 
Australia is more than the de minims level, New Zealand  may please explain how they can dispense 
with the AD action against a country with whom it has entered into an FT A. Similarly, explain how a 
higher de minims level for a partner country is justifiable under WTO Agreement on Anti -Dumping 
duty, in particular, when a particular investigation involves more than one country.  
 
Response:  
In 1988, New Zealand  and Australia a greed to a Protocol to the Australia New Zealand  Closer 
Economic Relations - Trade Agreement (ANZCERTA) on Acceleration of Free Trade in Goods. Under 
ANZCERTA, neither country would take anti -dumping action against the other once free trade in 
goods had be en achieved, and the application of respective competition laws affecting trans -Tasman 
trade in goods had been harmonised. This reflects the commitment of Australia and New Zealand  to 
create a seamless trans -Tasman business environment.  
 
The higher level f or the de minimis dumping margin for Singapore reflects the outcome of the 
negotiations for the New Zealand -Singapore Closer Economic Partnership Agreement (CEP), 
completed in 2000. In any investigation involving Singapore and other countries, the relevant  de 
minimis level applicable to each country would apply. New Zealand  notes that it has not undertaken 
an investigation of goods from Singapore since the signing of the CEP, and in fact there has been no 
anti-dumping investigation involving goods from Sing apore since 1991.  
 
New Zealand  notes that Article XXIV:8(b) of the GATT 1994 provides that "A free -trade area shall 
be understood to mean a group of two or more customs territories in which the duties and other 
restrictive regulations of commerce (except, where necessary, those permitted under Articles XI, 
XII, XIII, XIV, XV and XX) are eliminated on substantially all the trade between the constituent 
territories in products originating in such territories. " This suggests that it would be consistent with 
Article XXIV to agree to eliminate anti -dumping activity between members of a free -trade area. 
New Zealand  also notes that a number of free trade agreements either eliminate anti -dumping 
activities between parties, or modify WTO anti -dumping rules, including  differing de minimis 
requirements, and specific requirements covering zeroing, lesser duty, and sunset periods.  
 
WT/TPR/S/426 P -69 3.140 : The present paragraph of the Report states that in year 2021, a new 
Bill amending the Commerce Act was introduced. Th e proposed Bill will repeal provisions that shield 
some of the intellectual property arrangements from competition law scrutiny.  
 
Question 9 : New Zealand  may inform if the proposed changes will impact the grant of licenses 
under the new regime? And how th e new changes will impact both competition and IPR regime in 
New Zealand ? 
 
Response:  
The Commerce Amendment Act 2022 (the Amendment Act) entered into force on 5 April 2022. The 
Act amended the Commerce Act 1986 to introduce new provisions to prevent misuse  of market 
power by persons with a substantial degree of power in a market from engaging in conduct that has 
the purpose, effect, or likely effect of substantially lessening competition in that market or any other 
market in which they, or an interconnected  person, supplies or acquires goods or services or is likely 
to, including if indirectly through other persons.  
 
The Amendment Act repeals the provisions in the Commerce Act that created exceptions related to 
the use of intellectual property rights, meani ng use of intellectual property rights will be able to be 
scrutinised for anti -competitive conduct, like any other conduct.  WT/TPR/M/426/Add.1  
 
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  Businesses with licence agreements concerning the use of intellectual property rights have until 
5 April 2023 to review and, if necessary, amend their agreement to ensure those agreements do not 
contain provisions that may be judged as anti -competitive conduct under the new law.  
 
The Commerce Commission will be publishing guidelines to aid business to understand how the new 
law wil l apply, including in regards to use of intellectual property rights.  
 
WT/TPR/G/426 P - 9 3.9 : The Report states that New Zealand  supports equitable access to COVID 
vaccines for all and has been active supporter of a temporary TRIPS waiver in relation to va ccines.  
 
Question 10 : How is New Zealand  going to ensure equitable access for COVID vaccines? Are there 
any plans or programmes initiated by New Zealand  to facilitate equitable access of vaccines? What 
is the position of New Zealand  with respect to propos al for temporary TRIPS waiver for healthcare 
related goods other than vaccines?  
 
Response:  
Vaccines are the best tool to save lives and minimise the social, economic and cultural harms of 
outbreaks and pandemics. In the current COVID -19 pandemic, strong immunisation programmes 
reduce the risk that new variants of concern prolonging the global health emergency. Widespread 
vaccination is also critical to preventing compound crises in developing countries. These 
understandings underpin our engagement in and support for COVAX, Gavi, CEPI and UNICEF, and 
our bilateral support to countries in the Indo Pacific region.  
 
New Zealand 's work to support equitable access to COVID -19 vaccines, and to support equitable 
access to vaccines for other diseases and in future pandemics focuses on the following three 
priorities:  
 
1) Amplify Small Island Developing State and Indigenous priorities, perspectives and 
voices  in discussions and decision -making  New Zealand  is cognisant of the specific 
challenges faced by small isla nd developing states (SIDS), including in the Pacific. SIDS have 
been especially impacted by the COVID -19 pandemic, and have the triple burden of geographical 
isolation from markets, disease, and constrained natural resources. In addition, SIDS health 
care systems have limited capacity to deal with pandemics and have faced the challenges in 
rolling out countermeasures, including vaccines, to remote island communities. New Zealand 's 
international development cooperation programme has a long -standing focus on  Pacific health 
systems and improved health outcomes for Pacific peoples. Access to vaccines has played a 
critical role in Pacific island countries' pandemic management approach, and future access to 
vaccines will be a top priority. Continued Pacific islan d country eligibility for the COVAX AMC 
remains important to New Zealand . To complement COVAX, New Zealand  will also continue our 
direct support for vaccine rollout and COVID -19 preparedness and response in the Pacific, 
particularly Polynesia. The lingerin g effects of colonisation also continue to impact the health of 
disenfranchised and marginalised communities. With these challenges in mind, we strongly 
support Gavi's focus on differentiated, tailored and targeted approaches, which will be vital to 
reachi ng and empowering indigenous communities in Gavi -eligible countries.  
 
2) Supporting equity as an organising principle and as an end goal  New Zealand  views 
equitable access to vaccines as inextricably linked to the right to health, the right to life, and 
the right to education, among other basic human rights. Access to vaccines has broad 
implications for social, cultural and economic wellbeing, especia lly in developing countries where 
health systems are fragile and communities and economies are more vulnerable to shock. 
Achieving equity at national, regional and global levels will require different approaches for 
different communities; and it will requi re additional resources. This is especially true for 
indigenous peoples, people in communities that experience poorer health outcomes, and for 
those facing crises on multiple fronts. New Zealand  has been, and will continue to be, a strong 
supporter of equi table access to COVID -19 vaccines. Our multilateral contributions to the 
pandemic response demonstrate this commitment. New Zealand  worked with COVAX in early 
2021 to establish dose donation pathways becoming one of the first countries to donate doses. 
New Zealand  has offered more than 9 million doses to COVAX for donation along with funding 
for ancillary costs of which more than 2.5 million have been delivered to COVAX Advanced 
Market Commitment (AMC) countries. We were pleased to help launch the COVAX 202 2 
Investment Opportunity earlier this year, with a further NZ D 9 million contribution to the AMC 
for vaccine delivery. This brings our total financial support to COVAX to NZ D 26 million to WT/TPR/M/426/Add.1  
 
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  support vaccine access and uptake in developing countries. We are a lso investing an additional 
NZD 10 million in the Coalition for Epidemic Preparedness Innovations over the next five years, 
signalling our long term support for vaccine research and development.  
 
New Zealand  is continuing to work in close cooperation with  partners to help address the 
impacts of COVID -19 and support Pacific Island countries to build long -term resilience. In 
particular we are providing direct support to Polynesian countries to plan for and respond to 
COVID -19 outbreaks and have played a key role in supporting access to vaccines and their roll 
out through successful COVID -19 immunisation programmes, as requested by partner 
governments. To date we have provided a total of 291,400 Pfizer COVID -19 vaccine doses to 
Polynesian countries, and 52,560  doses to Fiji. This bilateral vaccine support has been delivered 
through a partnership between the New Zealand  Ministry of Health and their Polynesian 
counterparts known as the "Polynesian Health Corridors programme". We have recently offered 
the six Poly nesian countries continued access to vaccines from Aotearoa New Zealand 's vaccine 
portfolio throughout this year.  
 
3) Building and strengthening the global health architecture to respond to global health 
crises, including future pandemics . New Zealand  is str ongly committed to ensuring the 
world is better prepared to respond to the next pandemic. It is critical we take into account 
lessons learnt from COVID -19 and put in place measures now to ensure we are positioned to 
develop effective vaccine quickly and at  scale in the next pandemic. We are working actively 
within international processes currently underway to strengthen the global health architecture 
for pandemic prevention, preparedness and response, with an empowered World Health 
Organization at its core.  New Zealand  is focused on practical and pragmatic solutions and ideas, 
in line with established rules and norms, to close gaps in existing architecture, and avoid 
duplication of effort. The global systems and solutions established to support vaccine acces s in 
this pandemic, including COVAX, will wind down without active investment and vision for the 
future. Efforts are also needed to ensure investments in scaled -up pandemic vaccine production 
capacity remain sustainable between pandemics. This includes ens uring we have sustainable 
infrastructure, systems and funding in place, and the rules and norms to support their 
implementation. It also requires effective public -private partnerships and appropriate incentives 
to encourage rapid vaccine R&D, manufacture, fair pricing, and equitable access.  
 
New Zealand  is committed to working constructively with other WTO members in considering 
expanding the TRIPS decision, agreed at the WTO's twelfth  Ministerial  Conference to other  
COVID -19 therapeutics and diagnostics.  We were pleased to see that the TRIPS decision applies not 
just to vaccines but also to their ingredients and the processes necessary in their manufacture.  
 
WT/TPR/G/426 P - 9 3.11 : The Report states that New Zealand  has deliberately adopted a 
"concerted open plurilateral " approach to develop pathways to WTO multilateralism and bolster and 
revitalize the rules -based system.  
 
Question 11:  Can New Zealand  explain the rationale behind the approach towards "concerted open 
plurilateralism "? And how is this approach going to impact the WTO Multilaterism?  
 
Response:  
As the Report notes, multilateral outcomes remain New Zealand 's priority. New Zealand  has also 
taken the opportunity to work with small groups of likeminded economies to pursue initiatives where 
multilateral processes have slowed or are nascent. Examples of New Zealand 's concerted open 
plurliateral approach include the Digital Economy Partnership Ag reement (DEPA) and the Agreement 
on Climate Change and Sustainability (ACCTs). Both DEPA and ACCTS are designed to lay a pathway 
to multilateral outcomes over time, including in the WTO. This is achieved through open membership 
(e.g. WTO Members who can me et the required standards are welcome to join) and through 
providing a blueprint for the types of elements and disciplines that might be included in future 
multilateral agreements.  
 
WT/TPR/S/426 P - 9 15 The authorities have continued to take actions with a view to further 
reinforcing New Zealand 's biosecurity protection, including traceability obligations and food recall 
requirements. At the same time, SPS -related boarder procedures were streamlined through a 
number of reforms, including the use of automat ed electronic systems for issuing export certificates 
for food, plant, and animal products  
 WT/TPR/M/426/Add.1  
 
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  Question 12 : What aspects of the SPS -related border procedures have been automated for issuing 
export certificates for food, plant, and animal products? Does it al so cover the inspection of imports? 
Are re -exported products of agro -processing sectors also covered?  
 
Response:  
New Zealand  has electronic systems to produce and issue official export SPS assurances in paper or 
electronic format . While we have the capacit y for providing electronic certificates, it is only active 
with countries that have agreed to receive these certificates electronically . The electronic systems 
are supported by manual steps for verification and certification decisions.  
 
The electronic systems are able to receive trade and official assurance documentation required to 
inspect and provide import clearance for consignments . Inspection of imported goods is carried out 
manually.  Manual inspection is also required for risk goods and  to ensure eligibility for re -export, 
including for the Animal Products (agro -processing) sector.  
 
WT/TPR/S/426 P -17 1.22  The size and scope of economic policy support in response to the 
pandemic have been unprecedented. Making use of the substantial fisca l space, the authorities put  in 
place large -scale fiscal measures (expenditure and revenue forgone) amounting to NZD 69.1 billion, 
or 21.1% of GDP through FY2024/25, including wage subsidies, infrastructure investment, and tax 
measures to support businesse s and investment. In addition, other measures (e.g. Business Finance 
Guarantee Scheme, Small Business Cash flow Scheme, Convertible Debt Agreement with Air 
New Zealand , and R&D Loan Scheme) are being implemented. The large -scale fiscal support 
measures hav e helped avert a much larger decline in economic activity and employment.  
 
Question 13 : Could New Zealand  clarify whether the fiscal measures were available to all 
enterprises or these were specific subsidies as understood under the WTO ASCM agreement?  
 
Response:  
The New Zealand  government implemented a range of fiscal measures to support individuals, 
households, and businesses as part of the Government 's COVID -19 response.  
 
Large scale fiscal measures included:  
 
• Wage subsidies. These were made available to  all New Zealand  businesses for employees in 
New Zealand , or self -employed people, who were impacted by the pandemic.  
• Infrastructure investment. The New Zealand  government increased the amount of funding 
available for 'shovel ready ' infrastructure projects. This enabled infrastructure projects in 
the pipeline to be brought forward as an economic stimulus lever.  
• Tax measures. A number of taxation measures were taken in response to COVID, including 
a "Temporary loss carry -back scheme ", changes to tax loss continuity rules, and providing 
discretion to New Zealand 's Inland Revenue to have flexibility in the applicati on of due dates, 
timeframes and procedural requirements for businesses impacted by COVID 19.  
 
At this point and time, the large scale fiscal measures undertaken by New Zealand  are not 
understood to meet the definition of a specific subsidy under the WTO A SCM agreement. 
New Zealand  will consider all measures taken during the COVID 19 pandemic as part of its next 
ASCM notification period, and notify accordingly.  
 
WT/TPR/S/426   P-53 3.80  The International Growth Fund (IGF) of NZD 60 million (as at 
November 20 21) provides support to assist firms that have the potential to contribute to 
New Zealand 's long -term economic growth and acquire key capabilities for business growth, 
including:  
 
• gaining knowledge of new markets;  
• business and management capability;  
• ability to innovate and manage the commercialization of research and development; and  
• Ability to access and raise finance for future opportunities.  
 
Question 14 : Could New Zealand  elaborate whether this support is a financial contribution that can 
be treated as a subsidy under the WTO Agreement on Subsidies and Countervailing Measures?  
 WT/TPR/M/426/Add.1  
 
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  Response:  
The International Growth Fund is designed to assist New Zealand  businesses to deliver  on their 
growth strategy by building knowledge of new international markets; acquiring business and 
management skills needed for internationali zation; managing the commerciali zation of research and 
development for international markets, and; supporting ex pansion opportunities.  
 
The New Zealand  Cabinet approved the Growth Services Fund on 14 April 2003 . In 2009, the fund 
was amended after approval from the New Zealand  Cabinet . These approved changes included 
changing the name from the Growth Services Fund to the International Growth Fund ( IGF). Since 
initial approval in 2003, New Zealand  Trade and Enterprise has been the administrator of the IGF.  
 
The International Growth Fund was notified to the WTO in 2011.  Since that notification, the IGF has 
been under review, with the effect that the criteria for which NZTE customers and activities were 
eligible for funding, as well as the amount of funding available, being changed several times.  More 
recently, the volatility felt worldwide due to COVID -19 and various e conomic influences has resulted 
in consideration being given as to whether further amendments should be made to the IGF.  Those 
amendments have now been finalised including to amend the co -investment ratio so that it is now 
a 50:50 co -investment arrangement  between NZTE and the recipient.  
 
The IGF is now in a stable position with no further amendments planned to the Fund within the 
next 12–24 months and as such is intended to be notified in the next notification period . 
 
WT/TPR/S/426 P -57 3.100  Standards New Zealand  manages the development of New Zealand  
standards, and of joint Australian -New Zealand  standards. To promote harmonization with 
international standards, the authorities indicate that Standards New Zealand  prompts stakeholders, 
including regulators , to adopt existing standards (identical or with modifications), where appropriate 
and possible, unless a valid reason can be substantiated for a new standard. In 2021, the total 
number of standards in New Zealand 's catalogue, which comprises New Zealand  standards and joint 
Australia -New Zealand  standards, was 2,670, down from 3,205 in 2014, following the withdrawal of 
older standards that were not replaced with new ones. The majority of standards in New Zealand 's 
catalogue are developed in partnership wi th Standards Australia (87% of the total number of 
standards in 2021) and are not cited in primary or secondary legislation, and are therefore voluntary 
(69%). About half of standards in New Zealand 's catalogue are equivalent to international standards 
(Table 3.10).  
 
Question 15 : Could New Zealand  provide the number of standards developed in partnership with 
Standard Australia, which are equivalent to the international standards? How does New Zealand  
ensure that the standards developed in partnership with Standard Australia do not create 
unnecessary barriers to the exporting countries?  
 
Response:  
In the last 12 months has New Zealand  developed and/or reviewed 341 standards in partnership 
with Standards Australia. Of these, a total of 203 (60%) were equivalent to international standards. 
These international equivalents were either direct adoptions of international standards or modified  
adoptions of international standards.  
 
Overall, in the Standards NZ catalogue there are a total of 2799 standards. Of these 2402 are joint 
standards that have been developed with Standards Australia. The total number of joint standards 
that are equivalen t to international standards in our current catalogue are 1089 (45% of the current 
joint standards).  
 
Standards NZ is an independent statutory body under the Standards and Accreditation Act 2015. 
The independent Standards Approval Board, established under that act has a duty, under 
Section  13(4)(b) of the Act, to ensure:  
 
(i) New Zealand  Standards do not unnecessarily duplicate the standards development work 
of other national or international standards organi zations;  
(ii) where a proposed New Zealand  Standard is based on an international standard, there 
are good reasons for any differences between the New Zealand  Standard and the 
international standard; and  
(iii) the proposed standard or modification will not create unnecessary obstacles to 
international t rade and investment.  WT/TPR/M/426/Add.1  
 
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  Where a standard is approved into the New Zealand  catalogue that is not an equivalent to an 
international standard it is generally because of one of two factors:  
 
(i) There is no international equivalent; and/or  
(ii) The standard addr esses a specific domestic need which can not be addressed by an 
international standard, such as those related to Tikanga Māori principles.  
 
WT/TPR/S/426 P -62 3.114  There are ongoing consultations to redesign regulations and notices 
under the Animal Products Act 1999 and the Wine Act 2003, with a view to further streamlining 
administrative procedures.73 The authorities indicate that the redesigned animal products and  wine 
regulations are expected to come into effect from July 2022. To help develop a more consistent and 
fair approach to enforcement across the food safety system, the amendment also provides for 
extending some enforcement tools that initially existed in the Food Act (improvement notices, 
compliance orders, and penalties based on commercial gain) to the Animal Products Act and the 
Wine Act.  
 
Question 16:  Can New Zealand  identify the international standards which would be used as the 
basis for the redesign ing the Animal Products and the Wine regulations which are expected to come 
into effect from July 2022?  
 
Response:  
The Regulatory Redesign Project objective was to harmonise and consolidate the existing 
requirements for the production and processing for an imal products and wine whilst making no 
changes to food safety settings. Technical changes were made where requirements were outdated, 
obsolete or conflicting. The regulations are based on international standards such as Codex 
Alimentarius Commission (Gene ral Principals of Food Hygiene, CAC/RCP 1 -1969), and International 
Organisation for Standardisation standards (such as ISO 17020 and 17025).  
 
WT/TPR/S/426 P -63 3.117  The MPI, through its various units, has the lead role in biosecurity 
protection, including  to prevent outbreaks of pests and diseases in New Zealand . Biosecurity 
New Zealand  was established in 2018 (Section 4.1). Its purpose is to prevent the spread of harmful 
organisms. It is in charge of managing compliance at the border as well as preparing for, and 
responding to, any biosecurity incursions that may occur. SPS New Zealand , which is also part of 
the MPI, is the Notification Authority and National Enquiry Point for the purposes of the 
WTO Agreement on the Application of Sanitary and Phytosanita ry Measures (SPS Agreement). 
From January 2015 to February 2022, New Zealand  notified 172 new SPS measures to the WTO 
(regular and emergency measures), of which 45 were emergency measures affecting either all of its 
trading partners or geared towards speci fic Members. In 2018, specific trade concerns were raised 
with respect to New Zealand 's draft import health standard for vehicles, machinery, and equipment 
in the SPS Committee. The authorities indicate that the trade issues raised on the measures for 
Brown Marmorated Stink Bug (BMSB) on used vehicles imported into New Zealand  were resolved in 
late 2018, and that the measures remain in place and continue to manage the risk of BMSB.  
 
Question 17 : Would New Zealand  indicate how many of its SPS and TBT notifications have been 
provided with the relevant HS codes? Out of the total number of SPS measures, what percentage of 
these measures are based on MRL based restrictions? Does New Zealand  notify all such MRLs based 
restrictions to WTO? Are there any SPS measures based on MRLs which are default (0.01 PPM) or at 
the level of detection (LOD)? What percentage of New Zealand 's SPS -based MRL measures are 
harmonized with CODEX standards, guidelines etc.? In respect of MRL ba sed SPS measures which 
depart from CODEX specified levels, India requests New Zealand  to provide information on the 
number of measures that are based on:  
 
a. Scientific evidence justifying more stringent level of protection;  
b. Risk assessment analysis; and  
c. Hazard analysis.  
 
Response:  
New Zealand  does not use HS codes in its SPS notifications . Out of the total number of 
SPS notifications from January 2015 to February 2022, eleven were MRL related. New Zealand  
notifies all changes to its MRLs to WTO.  All MRLs esta blished in NZ are based on good agricultural 
practice of the pesticide, provided there are no food safety concerns. MRLs can be based on the limit 
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  of the pesticide. As MRLs are established on good agricultural practice of the pesticide in NZ, 
generally MRLs do not need to be harmonised with Codex MRLs. However, the legislation permits 
pesticide residues in food imported into NZ to comply with either a Codex  MRL, a NZ MRL, or where 
no MRL exists the default MRL of 0.1mg/kg . All MRL established are based on risk analysis and 
scientific evidence that justifies the appropriate level of protection for New Zealand . 
 
WT/TPR/S/426 P -86 3.205  In 2017, the Geographical Indications (Wine and Spirits) Registration 
Act 2006 (GI Act as amended by the Geographical Indications (Wine and Spirits) Registration 
Amendment 2016, Act entered into force and established a registration system for wine and spirit 
GIs. To be  registered, a GI must indicate that the wine or spirit originates from a defined area from 
which its quality, reputation, or other characteristic is essentially attributable. Misuse of a registered 
GI for wines and spirits that do not originate from the a rea indicated is prohibited, even where the 
true place of origin is provided, when the GI is used in translation, or when it is accompanied by 
words such as "kind", "type", "style", or "imitation ". Common or generic terms are not protectable, 
and an except ion is available for prior continuous use of a registered GI . 
 
Question18:  Could New Zealand  clarify whether wines and spirits are the only category of products 
receiving protection under its GI legislations or is GI protection also available to products s uch as 
agricultural, handicrafts goods among others? If not, does it plan to make GI protection available to 
products other than wines and spirit in the near future?  
 
Response:  
The Geographical Indications (Wine and Spirits) Registration Act 2006 only prov ides a registration 
regime for wine and spirits GIs . This is currently the only sui generis registration regime for GIs in 
New Zealand . 
 
However, GI protection for these other types of products, including for wines and spirits, is available 
under the commo n law tort of passing off, Fair Trading Act 1986 and Trade Marks Act 2002.  
 
WT/TPR/G/426 P -16 5.9  New Zealand  also supports the need for targeted and proportional 
flexibilities and effective technical assistance to help developing Members, in particular LD Cs, to 
implement these rules and participate in global trade.  
 
Question 19 : Could New Zealand  elaborate on its vision of "targeted and proportional flexibilities "? 
Would New Zealand  agree that it is iniquitous to require that countries with per capita GDP  less than 
5% of the per capita GDP of the developed countries implement same rules at the WTO as the 
developed countries?  
 
Response:  
New Zealand  supports developing Members having access to the assistance and targeted and 
proportional flexibilities they require for their continued development, including when accessing and 
implementing rights and obligations arising from WTO membership . New Zealand  recognises that 
each developing Member has individual and specific development objectives and needs. In addition 
to targeted and proportional flexibilities, we note the importance of providing development 
cooperation to enhance developing countries ' ability to participate in global trade. Development 
cooperation will be most effective when it is driven by the trade priorities of receiving countries and 
responds to their particular development context. New Zealand 's support is discussed in 
paragraphs  5.09–5.12 of our TPR report .  
 
WT/TPR/G/426 P -17 5.15  Internationally, New Zealand  is a long -standing advocate of mutually 
supportive trade and environment outcomes across the multilateral, regional and bilateral agendas.  
 
Question 20 : Could New Zealand  elabora te on its view of "mutually supportive trade and 
environment outcomes "? Would New Zealand  agree that measures taken for environmental 
outcomes, would, nevertheless, have to comply with the requirements of the chapeau of Article XX 
of GATT 1994?  
 
Response:  
It is New Zealand 's view that 'mutually supportive trade and environment outcomes ' are outcomes 
that uphold and safeguard open and non -discriminatory trade, whilst also providing for the protection WT/TPR/M/426/Add.1  
 
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  of the  environment and the promotion of sustainable develo pment. An example is the elimination of 
tariff and non -tariff barriers to trade in environmental goods and services.  
 
New Zealand  agrees that if an exception under GATT Article XX is invoked for any policies and 
regulatory measures, the requirements of th e chapeau of GATT Article XX must be met.  
 
WT/TPR/G/426 P -84 3.194.  In 2016, New Zealand  extended the data protection term for 
confidential information supporting an application for an innovative agricultural or veterinary 
compound from 5 years to 10 years  from the grant or refusal of the application. Confidential 
information supporting an application for a non -innovative compound or a new use or method of use 
for either an innovative or non -innovative compound were newly granted five -year periods of 
protec tion. Under the amended ACVM Act, the Director -General may use confidential information 
during the protected period in determining whether to grant an application other than the 
application  to which the information relates or related, or disclose it to third parties, if the opinion 
of the Director -General is that the disclosure or use is necessary to protect the health or safety of 
members of the public.  
 
Question 21 : Does the domestic legal framework allow for permissive reliance on undisclosed 
informat ion? Is the domestic framework on undisclosed information is in accordance with Article 39 
of the TRIPS?  
 
Response:  
Under the Agricultural Compounds and Veterinary Medicines (ACVM) Act New Zealand  allows for 
permissive reliance on undisclosed information b efore the end of the data protection term only 
where, in the opinion of the Director -General, the use is necessary to protect the health or safety of 
members of the public. Protected data may also be used to grant further applications with the 
consent of t he original applicant. The exceptions to data protection rules under the ACVM Act are 
consistent with Article 39 of TRIPS which allows for exceptions to data protection rules where 
necessary to protect the public and where use does not amount to unfair com mercial use.  
 
WT/TPR/G/426 P -83 and 78, 3.190 and 3.172 . In 2020, the Patents Regulations 2014 were 
amended to increase fees generally and add certain new fees. Examination fees were increased by 
50% and new fees created for "excess " claims (30 or more). P atenting activity declined in 
New Zealand  during the review period. Annual applications declined 25% while annual grants 
declined 61% between 2014 and 2020.  
Intellectual property (IP) rights are of considerable economic importance to New Zealand . Trade 
receipts from IP royalties and licensing fees grew by 125% between 2015 and 2020, amounting to 
just over USD 825 million in 2020. During the same period, New Zealand 's trade deficit narrowed 
considerably, although it remains a net importer of IP.  
 
Question 22: What is the rationale behind the increased fee in 2020? What is the impact of 
increased and introduction of new fees on the patent regime of the country?  
 
Response:  
The prime rationale for increasing patent fees in 2020 was to ensure that the fees char ged to patent 
applicants reflected the actual costs of examining and granting patents under the Patents Act 2013 . 
The fees in force prior to the 2020 increases fell well short of meeting the costs of examining and 
granting patents . The higher fees have all owed an increase in the number of patent examiners, 
which will, in time, lead to the reduction in examination backlogs.  
 
WT/TPR/G/426 P -79 3.175.  The Government has been developing a Research, Science and 
Innovation (RSI) Strategy since 2018. At the end of October 2021, it launched further consultations 
on the RSI system. Innovation, namely "developing New Zealand  as a hub for high -value, 
knowledge -intensive business conducting more R&D ", was among the six key focus areas of the 
Government 's Business Growth Agenda 2015/16.  
 
Question 23 : IP especially Patents plays an important role in innovation. So how does the Research, 
Science and Innovation (RSI ) interlink innovation policies with IP policies?  
 
Response:  
There is currently no formal policy interlink between innovation policy and IP, including patent, policy 
in New Zealand . The small size of the New Zealand  economy means that local innovators may  find WT/TPR/M/426/Add.1  
 
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  it difficult to make a return on their investment in innovation from the New Zealand  market. 
New Zealand  innovators often apply for patent protection in other countries, but do not always apply 
for corresponding patent protection in New Zealand . As a result, New Zealand 's patent policies are 
unlikely to influence innovation in New Zealand . 
 
WT/TPR/G/426 P -79 3.174  Table A3.2 summarizes the substantive laws addressing each main 
type of IP right. Several IP laws were the subject of amendments during the  review period, as 
discussed in the relevant sections below.118 Perhaps most significantly, the Geographical Indications 
(Wine and Spirits) Registration Act 2006 took effect in 2017. More changes are expected in the near 
term: a new regime for the protecti on of PVRs is expected to enter into force in 2022; the MBIE is 
drafting an omnibus Intellectual Property Laws Amendment Bill, which would make technical 
amendments to the Patents Act 2013, Trade Marks Act 2002, Designs Act 1953, and their associated 
regulations 119; and the Government launched an ongoing review of New Zealand 's copyright 
regime in 2017, which may be impacted by a new FTA with the United Kingdom, signed on 
28 February 2022.  
 
Question 24:  The changes which you have done and are planning to do the IPR laws is going to 
affect the domestic market, especially the SME sector of the country?  
 
Response:  
The changes that have been, or are proposed to be made, are not expected to have a significant  
effect on the SME sector of the economy. Some upcoming regulatory changes, including those to 
the copyright regime will continue to be assessed, and will go through an open public consultation 
phase. A regulatory impact analysis will also be undertaken to  consider the impact on a full range of 
stakeholders, SMEs, and Māori as Treaty partners.  
 
WT/TPR/G/426 P -61 3.110.  New Zealand  prohibits the importation of all goods bearing false 
information or including trademarks or signs likely to mislead or deceive c onsumers. All goods sold 
are subject to quantity labelling requirements and must use one of the units of New Zealand 's metric 
system when marking their net weight or measure.  
 
Question 25 : Could New Zealand  explain if its metric system is in accordance wit h the International 
System of Units (SI)?  
 
Response:  
Measurement standards used in New Zealand , including the metric system that is required to be 
used for trade in New Zealand , are in accordance with the International System of Units (SI).  
 
WT/TPR/G/426 P -95 4.14 . New Zealand  has a highly market -oriented agricultural sector. 
Support to agricultural producers is the lowest among OECD countries, and accounted for an average 
of 0.7% of farmer receipts and 0.3% of the country 's GDP during 2018 -20.13 New Zealan d 
submitted its most recent domestic support notifications in 2021, covering financial year 2019/2020, 
and are provided for pest and disease control, investments in the country 's agricultural knowledge 
and innovation system, environmental programmes, relief payments, and infrastructural services.  
 
Question 26: Can New Zealand  provide information on the methodology used for calculating the 
support to the agricultural producers and the rationale behind low support to the agriculture 
producers ? 
 
Response:  
The OECD's methodologies to calculate Producer Support Estimates (PSE) including for New Zealand  
can be found here.  
 
New Zealand 's open, trade -focused policies deliver long -term economic, environmental and social 
benefits, and enables the development of a competitive, resilient and responsive agricultural sector.  
 WT/TPR/M/426/Add.1  
 
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  INDONESIA  
Page 32 -33 Para 2.35 -2.36 
Questions:  
 
1. According to the statement on the upgrades of Existing FTAs on page 32 point 2.35, New Zealand  
describes that the FTA Cooperation with China includes some issues about the temporary 
movement of natural persons. In connection with the matter, could New Zealand provide further 
information on the issues about labour and manpower between Indonesia and New Zealand , if 
any? 
2. According to the page 33 point 2.36, it 's been described that during 2019, AANFTA had launched 
a negotiation to increase the economic coopera tion with one of the main focuses was trade in 
services . Could the New Zealand  give confirmation about the concern from Indonesian 
Government regarding the issues on Labour? Considering that the point 10 (l, m, n) and 14 on 
the Plan of Action for the Indon esia – New Zealand  Comprehensive Partnership for the 
Period  2020 – 2024 are not described in the report.  
 
Response:  
1. New Zealand  has made commitments under temporary movement of natural persons under 
both AANZFTA (of which Indonesia is a Party) and RCEP (of which Indonesia is a signatory).  
 
2. New Zealand  and Australia have been providing economic cooperation support under 
AANZFTA. The AANZFTA Implementation Support (AIS) Programme will replace previous the 
AANZFTA Economic Cooperation Programme on 1 July  2022. The AIS will support ASEAN Member 
States in implementing the AANZFTA agreement (including Indonesia).  
 
Commitments under the New Zealand  Indonesia Comprehensive Partnership 2020 -2024 remain 
unchanged and we look forward to further bilateral discussi ons on the effective implementation of 
that Partnership agreement. We encourage Indonesia to raise issues pertaining to the Partnership 
bilaterally . 
 
Page 38  
Question:  
 
3. With regard to the permission request for Foreign Equity Participation (FEP) more than 49.9%, 
we would like to explore the official method of telco licensing requirements for foreign telco 
operators wishing to enter the New Zealand  market.  
 
Response:  
3. New Zealand  does not have formal licensing regime for telecommunications operators. 
However, there are certain obligations under general New Zealand  laws and regulations that foreign 
operators will need to be aware of and abide by prior to entering the New Zealand  market. This 
includes the relevant consumer law requirements under the Consumer Guarantees Act 1993 and the 
Fair Trading Act 1986. There are also obligations under the Telecommunications Interception 
Capability and Security Act 2013 that operators w ill need to satisfy prior to operating/commencing 
services in New Zealand . 
 
4.4.2 Telecommunications  
4.4.2.1 General features and market structure  
 
Page 113 Para 4.97  
The main trends highlighted in the previous Review continued to prevail in telecommunications. The 
number of fixed -line telephone connections continued to decline, as mobile services became 
increasingly more attractive. At end -June 2020, there were 1.79 mi llion fixed -line connections, down 
from 1.85 million at end -June 2013. The number of mobile connections grew during the same 
period, and the number of mobile subscribers with pre -paid connections remained on a 
downward trend (Table 4.9).  While mobile retai l revenues increased steadily, in general, the 
revenue from telecommunications activities fluctuated within a tiny margin during the review period.  
 
Questions:  
 
4. What is the primary cause of the pre -paid connection 's negative trend?  WT/TPR/M/426/Add.1  
 
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  5. In response to the issue above, what steps/measures has the government or operator in 
New Zealand  made to combat this trend? And how do you see future revenue growth in a 
competitive market?  
 
Response:  
4. Un-determinative at this stage.  
 
5. There are curr ently no measures being taken by the New Zealand  government to combat the 
decrease in the uptake of pre -paid connections. The New Zealand  Government does not usually 
intervene in the telecommunications market unless there is evidence to indicate a market f ailure 
that would justify some level of Government intervention. The Commerce Commission is an 
independent regulatory body that monitors market settings to ensure the market is delivering the 
Government 's objectives for a competitive market while ensuring improved outcomes for consumers. 
With regards to future revenue growth in a competitive market, New Zealand 's telecommunications 
regulatory settings (primarily under the Telecommunications Act 2001) have been designed to 
facilitate market competition and i nnovation for the benefit of consumers. If the current regulatory 
settings are working well and fit for purpose then we expect to see both growth in the sector and 
improved outcomes for telecommunications consumers.  
 
Page 113 Para 4.99  
Questions:  
 
6. What is the regulatory foundation for this state -private investment mechanism 's combination? 
How exactly does that work?  
7. What are the regulatory requirements for foreign operators to enter the New Zealand  market?  
8. We also want to know more about Crown Infrastructur e Partners (CIP), particularly the funding 
mechanism and the organization. Furthermore, we request clarification on the scope of works 
solely for the finance and investment mechanism, or CIP works for all activities, including cable 
connection deployment.  
 
Response:  
6. The rationale behind the state -private investment approach came about because some of the 
rural and remote areas of New Zealand  are not commercially viable for operators to deploy 
telecommunications infrastructure to deliver services . In such instances, the Government has 
stepped in to co -invest alongside the telecommunications industry in order to ensure that broadband 
services a re accessible to areas and to communities that would otherwise not have access to such 
services. State -private co -investment is not explicitly steeped in legislation.  
 
7. See answer to question 313 above.  
 
8. Crown Infrastructure Partners (CIP) is a Crow n entity (owned by the Crown) that was 
incorporated in 2009 under the Companies Act 1993 and listed under Schedule 4A of the Public 
Finance Act 1989. CIP was established to manage the NZ Government 's investment in its 
connectivity infrastructure programmes , i.e. the Ultra -Fast Broadband programme, Rural Broadband 
Initiative and Mobile Blackspot Fund. CIP 's role includes procuring services from and contracting with 
selected telecommunications network operators  to deploy infrastructure for the Government 's 
connectivity programmes. You can find out more about CIP and the scope of its work as a Crown 
entity at Crown Infrastructure Partners | New Zealand . 
 
Page 115 Para 4.104  
In 2019, the Commerce Commissio n published a study on New Zealand  mobile markets to better 
understand the state of competition. It highlighted the fact that increased competition has 
contributed to improved outcomes for consumers through lower prices, increasing quality, and 
greater cho ice of services.  
 
Questions:  
 
9. What is the New Zealand  competition ecosystem? Is there an organization that exclusively 
governs telecommunication competition? Or the ministry had the authority to monitor or manage 
telecommunications competition.  
 WT/TPR/M/426/Add.1  
 
- 81 - 
 
  Response:  
NZ Competitive Eco -System  
• The highlighted statement f rom our Mobile Market Study is referring primarily to the entry 
and expansion of 2Degrees, the third mobile network operator (MNO). 2Degrees, having 
now built out comparable geographic coverage to the existing MNOs (Spark and Vodafone), 
competes on a like -for-like basis, which has produced significant benefits for consumers.  
• These MNOs have all separately launched fixed wireless broadband – initially using their 4G 
networks, but are now moving to offer 5G fixed wireless services. The 5G offerings provide 
competitive pressure on the lower speed fibre plans (up to 300Mbps) offered by our 
wholesale -only fibre operators (Chorus being the largest). The additional feature is that the 
MNOs are also the largest retailers of fibre broadband (the fibre operators bigge st 
customers), which creates tension between wholesale -only fibre operators and the vertically 
integrated mobile retailers (who are incentivised to promote their fixed wireless due to the 
cost-savings).  
• Outside fibre areas (13% households), we have the leg acy copper network operated by 
Chorus. There is also differing fixed wireless available (some offered by the MNOs with 
pockets of more bespoke community wireless networks) and we also now have Starlink 
starting to pick up customers.  
 
Regulatory Agency  
• The Commerce Commission is the agency that exclusively regulates telecommunications – 
with the exception of spectrum which is regulated by the Ministry of Business, Innovation 
and Employment (MBIE). MBIE is also the telco policy agency in NZ.  
 
4.4.2.2 Regulatory regime  
Page 115  
 
Questions:  
 
10. Reflecting from New Zealand  experience, what might be the primary difficulties and strategies 
for overcoming the digital gap and accelerating digital transformation in an archipelagic country 
like Indonesia, which comprises of numerous islands?  
 
Response:  
Similar to Indonesia, a dis persed population across mountainous land and numerous islands is a key 
difficulty in overcoming the digital gap in New Zealand . Currently in New Zealand , ~87% of the 
population have access to fibre based broadband services. Remote and small communities ar e 
connected using technologies such geostationary satellite systems, and this limits the service 
performance that can be delivered. Our experience is that rural users have similar data use 
characteristics as urban users when they have comparable broadband access technologies. 
Therefore there is a preference to support fibre based backhaul arrangements to serve remote 
communities. Availability of backhaul fibre enables various local access solutions 
e.g. wireless/cellular and GPON fibre. Given the much highe r initial costs of the preferred 
arrangements (e.g. submarine cable) compared to satellite based services, all service delivery and 
support options must be assessed over a longer period that better reflects the economic and 
technical life of fibre.  
 
Page 1 16 Para 4.110  
New Zealand  does not impose licensing requirements for entry into the telecommunications business 
market and control over retail prices is minimal. However, there are regulatory measures in 
place for access to the networks of major suppliers.  The MBIE is responsible for making radio 
spectrum frequency bands available for new uses, including bands for the 5G network.  
 
Questions:  
 
11. Concerning the regulatory measures in place for access to major supplier networks, we seek 
clarification, particular ly on the rights of foreign telecommunication businesses requesting access 
to major supplier networks.  
 
Response:  
Requirements for foreign telecommunication businesses to access supplier networks in New Zealand  
are set out in the Telecommunications Act 200 1, which can be accessed here. If a foreign WT/TPR/M/426/Add.1  
 
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  telecommunications business wishes to access the networks in New Zealand , it will need to engage 
in direct commercial negotiations with the major supplier of the network it wishes to have access to. 
The regulatory measures currently in place provide guidan ce on the procedures, and terms and 
conditions that a major supplier needs to consider when providing network access to an access 
seeker.  
 
Page 119 Para 4.119  
To reflect changes in technology and in the wider economy and society, and to strengthen privacy 
protections, the Privacy Act 2020 was adopted to replace the Privacy Act 1993.70 The Act is enforced 
through the Privacy Commissioner, which has the power to investigate any action which appears to 
interfere with the privacy of an individual and can do so either on a complaint made to the 
Commissioner or on the Commissioner 's own initiative. It provides the principles for protecting 
personal information and puts responsibilities on agencies and organizations about how they must 
collect, use, disclose, store , retain, and give access to personal information. It applies to any person 
or body of persons, whether corporate or unincorporated, and whether in the public sector or in the 
private sector, and it has extraterritorial scope , i.e. it applies to any action s taken by an overseas 
agency in the course of carrying on business in New Zealand . 
 
Questions:  
 
12. How does the Privacy Act 2020 anticipate digital privacy challenges in New Zealand ? 
13. Regarding the extraterritorial breadth in the last sentence of para 4.119, what is the scope of 
authorization in the privacy act regulating activities abroad conducted by New Zealand  citizens 
(data and personal information stored in other countries)? Is it  also governed or regulated in the 
privacy act?  
14. Is there a specific agency or entity established under the Privacy Act to govern or monitor 
implementation? If so, what are the components of the agency? Does it also include aspects 
from the private, public,  and professional sectors?  
 
Response:  
The Privacy Act 2020 (Privacy Act) anticipates digital privacy challenges in a few interconnected 
ways. First, s 17 sets out the functions of the Commissioner. One of the Commissioner 's functions 
is to undertake resear ch into, and to monitor developments in, data processing and technology to 
ensure that any adverse effects of the developments on the privacy of individuals are minimized. 
Another function is to report to the Prime Minister on any matter affecting the priv acy of individuals, 
including the need for, or desirability of, taking legislative, administrative, or other actions to give 
protection or better protection to the privacy of individuals.  
 
Secondly, s 22 of the Privacy Act sets out thirteen information privacy principles (IPPs) which are 
broad, open -textured obligations for agencies that seek to collect, use, share, and store personal 
information. As their name suggests, IPPs are deliberately non -prescriptive so that they apply 
wherever perso nal information is being processed, no matter the context. In this way, the 
Privacy  Act is equipped to deal with future digital privacy challenges. Furthermore, it is envisaged 
that the Office of the Privacy Commissioner (OPC) issues guidance as to how the  IPPs apply with 
respect to certain uses of personal information (see s 17(c)). This allows OPC to nimbly respond to 
digital challenges as they arise.  
 
Thirdly, s 32 the Privacy Act allows the Commissioner to issue binding codes of practice which can 
modify agencies ' obligations under the thirteen IPPs to make the IPPs more or less stringent as 
necessary. Codes may be used with respect to specific types of digital technology if OPC considers 
that the IPPs require modification in order to properly respond t o digital challenges. Also note s 17(j) 
which explicitly states that it is a function of the Commissioner to undertake research into, and to 
monitor developments in, data protection and technology to ensure that any adverse effects on 
privacy are minimized . 
 
The Privacy Act regulates New Zealand  agencies, overseas businesses carrying on business in 
New Zealand , and individuals who aren 't ordinarily resident in New Zealand  but collect personal 
information whilst present in New Zealand . The Act applies regard less of whether the information is 
physically held in New Zealand  or overseas.  
 WT/TPR/M/426/Add.1  
 
- 83 - 
 
  14. The Privacy Act is monitored by the Privacy Commissioner and their Office (together, 'the Office 
of the Privacy Commissioner ' (OPC)). Part 2 of the Privacy Commissioner dea ls with matters 
including:  
 
• the Commissioner 's appointment,  
• the functions and duties of the Commissioner, including the duty to act independently.  
 
The Privacy Act also sets out various agencies ' obligations and individuals ' rights. The Commissioner 
is cha rged with powers to monitor compliance with the Act, and resolve disputes between individuals 
and agencies. In practice, the Commissioners functions, duties, and powers are exercised through 
the different components of OPC.  
 
Some of the components of OPC i nclude – 
• Compliance and enforcement ( Compliance ): The team are involved in a range of 
compliance activities and investigations that lead to interventions, from education through 
to enforcement action. Compliance conduct factual research into concerning syst emic 
privacy issues and produce compliance advice including leading the implementation of 
compliance activities in alignment with the OPC compliance strategy and the enforcement 
powers set out in the Privacy Act. Compliance handles reports of privacy breac hes including 
providing advice, as appropriate, on the agency 's responses under Part 6 of the Privacy 
Act 2020. Identified failures by agencies can lead to the issuance of compliance notices and, 
when appropriate, the initiation of proceedings. Compliance monitors the reporting under 
section 155 of the Privacy Act by agencies of their information sharing activities conducted 
under approved information sharing agreements (AISAs). Compliance report annually on 
information matching conducted by agen cies under the information matching provisions (as 
listed in Schedule 5 of the Privacy Act), including those authorising social welfare reciprocity 
agreements with other countries, and review and report on the operation of these provisions 
within a 5 year cycle.  
 
• Investigations and dispute resolution ( IDR): IDR investigate complaints from individuals 
who believe an agency has interfered with their privacy, answer public enquiries, and 
provide front line guidance to agencies about their obligations under the  Privacy Act. 
Insights and data from IDR assists other teams within OPC to determine internal priorities. 
IDR is focused on being informative about individual rights and agencies ' obligations, and 
taking a dispute resolution approach to investigations to r esolve privacy concerns.  
 
• Legal: Assists OPC as a whole in interpreting and applying the Privacy Act and any other 
legal matters that pertain to OPC 's work.  
 
Private and public agencies ' are able to consult with OPC on proposals that affect the privacy of 
individuals. Advice is provided to agencies in line with the Privacy Act (particularly the 13 IPPs in 
s 22) but also with best practice, public expectation, and pertinent ethical conside rations as the case 
may be. The OPC researches and undertakes policy work with respect to developments that affect 
privacy, like certain emerging technologies. These result in actions such as recommending the 
creation of Codes, publishing best practice gui dance and opinions, or amendments to the Privacy 
Act. The OPC also advocates for privacy respecting outcomes at the various stages of other agencies 
legislative and policy -making projects.  
 
4.4 Digital Trade  
Page 12 Para 4.12  
 
Increased digital economy a ctivity has led to the development of new policies and architecture to 
support sustainable and ethical growth and innovation in digital technologies and services, ensure 
access and protections, and pursue free and fair digital trade. The Government is curr ently 
developing a Digital Strategy for Aotearoa which will set out goals, priorities and activities for the 
next 2 to 5 years, and longer -term results to 2031 and beyond. The Strategy 's discussion document, 
like current work programmes, is grouped around three themes:  
 
• Trust, including cyber security, privacy, protection, extremist content online;  
• Inclusion, for example equitable coverage, capability and access; and  WT/TPR/M/426/Add.1  
 
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  • Growth, including the Digital Tech industry transformation plan (see Section 2), export and 
innovation capability support including for SMEs, an ICT sector skills pipeline, and trade and 
international agreements.  
 
Questions:  
 
15. What are the grounds for New Zealand  incorporating three themes: trust, inclusiveness, and 
growth into the Aotearoa Digital Strategy?  
16. Please describe the scope of each pillar, including their implementation and current roles in 
New Zealand  related regulations.  
17. Is the payment gateway included  in the strategy as well? If so, how will it be implemented?  
 
Response:  
15. The vision of the Digital Strategy for Aotearoa (DSA) is that Aotearoa New Zealand 's people, 
communities, economy and environment are flourishing and prosperous in the digital era . Digital 
technologies permeate almost all aspects of economies and societies, and have further expanded in 
reach under COVID -19. Much of the international analysis available suggests harnessing the 
opportunities of digital technologies, while managing the risks, requires coherent action across 
multiple policy areas. The DSA seeks to provide a high -level and strategic framework for Aotearoa 
New Zealand 's policy actions to reach the DSA 's vision. The themes / pillars of trust, inclusiveness 
and growth were as sessed to provide a useful way to cluster policy issues and have already enabled 
a robust cross -government dialogue on digital -related policy in New Zealand . 
 
16. The Trust pillar aspires that New Zealand ers feel safe and empowered in online environments; 
that organisations and businesses design and use digital technologies and data in fair, culturally 
appropriate, trustworthy ways; and that our digital and data infrastructures are fit -for-purpose and 
secure.  
 
The Inclusion pillar aims that all New Zealand ers have the tools, skills and confidence to participate 
in an increasingly digital society; and digital infrastructure, content and services meet peoples ' 
diverse needs.  
 
The Growth pillar has a goal that our businesses and organisations innovate and increase productivity 
using digital technologies and data; and we have a thriving, fast growing and inclusive tech sector.  
 
Each of these pillars encompass a number of policy issues and areas, with the intention be ing that 
collectively they span the range of current and future government policy considerations for 
New Zealand  to succeed in the digital era. The pillars complement each other; for example, having 
a more diverse range of people developing technology can lead to people trusting that technology 
more. Increasing trust will support economic growth by improving New Zealand 's reputation as a 
reliable trade partner.  
 
Regarding implementation, the DSA is a strategic document and its implementation will come 
throu gh policy actions initiated at the level of different agencies in the New Zealand  government. 
Once launched, the DSA will be complemented by an Action Plan, to be refreshed annually, that will 
highlight flagship initiatives and other actions taken to advan ce the goals of the DSA. Some initiatives 
and actions may involve regulatory policies, but the choice of policy tool will depend on the particular 
objective and context. New Zealand  already has a number of policies in place to foster trust, inclusion 
and g rowth in the digital era, for instance supporting digital capability on marae through grant -
funded broadband connections, putting in place an Algorithm Charter for New Zealand 's public sector 
agencies, and providing digital skills training for small busine ss owners.  
 
17. Payment gateways are not included in the DSA.  
 
5.1 World Trade Organization (WTO)  
Page 15 Para 5.7  
 
New Zealand  supports progress towards new multilateral outcomes at the WTO through plurilateral 
Joint Statement Initiatives (JSIs). New Zealand  is an active participant in the Joint Statement 
Initiatives on Electronic Commerce,  Investment Facilitation for Development , and the 
Informal Work Programme for MSMEs, and trade and gender.  New Zealand  sees a valuable 
role for the WTO at the intersection of trade and climate change and is leading the Fossil Fuel Subsidy WT/TPR/M/426/Add.1  
 
- 85 - 
 
  Reform initiative to establish a pathway for discussions and development of options to address fossil 
fuel subsidies at the WTO.  
 
Question:  
 
18. In keeping with the statement in paragraph 5.7 that New Zealand  supports and is an active 
member in numerous WTO forums (JSIs, Investment Facilitation for Development, the Informal 
Work Programme for MSMEs, Trade and Gender), could you kindly clarify on New Zealand 's 
future views on involvement in these forums?  
 
Response:  
New Zealand  sees value in Joint Statement Initiatives as they are designed to lay a pathway to 
multilate ral outcomes over time. This is achieved through open membership (e.g. WTO Members 
who can meet the required standards are welcome to join) and through providing a blueprint for the 
types of elements and disciplines that might be included in future multila teral agreements. 
New Zealand  has been pleased to see broad participation from across the membership, including 
LDCS, developing and developed Members. New Zealand  intends to continue its support for these 
WTO forums and have active involvement in existing processes going forward, noting we will 
continue to assess our participation in Joint Statement Initiatives on their merits.  
 
Trade and Labour  
Page 18 Para 5.22 -5.23 
 
Questions:  
 
19. According to the paragraph on Trade and Labor on Page 18, New Zealand  has not indicated in 
the report how the government 's policy and effort on local and foreign employees during normal 
and pandemic conditions. Please share information on the changing circumstances and how they 
affect the government 's policy, so that other countries can use it as a model for developing 
compa rable policies and actions.  
20. According to the section on Trade and Labor on page 18 point 5.23, could New Zealand  provide 
a more detailed explanation of its approach to the sentence "New Zealand 's approach to trade 
and labour has been guided by high -level p rinciples in the 2001 Cabinet -agreed Framework for 
Trade and Labour. This Framework will also be examined and refreshed with public engagement 
to improve its relevance to modern labour markers, as recommended by Trade for All Advisory 
Board. " 
 
Response:  
19. During the TPR reporting period, New Zealand  restricted the number of arrivals into the country 
to protect the community from COVID -19. While essential to New Zealand 's COVID 19 public health 
response, these restrictions posed challenges for businesses, including for access to skilled and 
seasonal labour from overseas . Measures to mitigate these impacts included the establishment of 
specific allocations within Managed Isolation and Quarantine for (for example): critical workers; 
workers under the Register ed Seasonal Employer scheme; and exporters with a critical need to 
travel.  
 
The Government also extended the terms of work visas issued to migrants who were in New Zealand  
during the border restrictions, and agreed in 2021 to offer residence visas to large numbers of these 
migrants.  
 
The Government is progressively re -opening the borders under the 'Reconnecting New Zealand ' 
programme. From March 2022, working holiday maker s have been able to enter the country. In 
July 2022, temporary migrant workers approved under the new Accredited Employer Work Visa will 
be able to enter. New Zealand 's border will be fully reopened by the end of July 2022.  
 
With the gradual reopening of New Zealand 's borders in 2022, and removal of all managed isolation 
requirements since March 2022, these pressures are easing . However, domestic COVID outbreaks 
since late 2021 have necessitated the introduction of various financial support measures for 
businesses and employees directly affected by these outbreaks and associated domestic restrictions. 
These measures include:  
 WT/TPR/M/426/Add.1  
 
- 86 - 
 
  • During the peak of the Omicron outbreak, the COVID -19 Support Payment (CSP) helped support 
viable and ongoing businesses or organisati ons that had experienced a 40% or more drop in 
revenue due to the outbreak.  
 
• The Short -Term Absence Payment has enabled employers to pay workers unable to work while 
waiting for a COVID -19 test result. Self -employed  workers are also eligible if unable to work 
from home and miss work while waiting for their test results. We note that the need for this 
support has significantly reduced due to the prevalent use of Rapid Antegen Tests as part of our 
COVID -19 health response.  
 
• The COVID -19 Leave Support Scheme is available to employers to help pay employees required 
to self -isolate and unable to work from home. This is also available to eligible self -employed 
workers.  
 
• The Small Business Cash Flow Loan Scheme that is providing loans to small businesses, 
includin g sole traders and the self -employed, to support their cash flow needs while impacted 
by COVID -19. 
 
20. Since 2001, the New Zealand  approach to trade and labour in its Free Trade Agreement 
negotiations has been guided by the Cabinet -agreed 'Framework for Integrating Labour Standards 
and Trade Agreements ' ("the Trade and Labour Framework "). The Trade and Labour Framework 
provides a hig h-level, principles -based approach, based on the fundamental labour principles as 
outlined by the 1998 ILO Declaration of Fundamental Principles and Rights at Work .  
 
As part of the broader 'Trade for All ' process to review New Zealand 's trade policy setti ngs and 
ensure they are fit for the future and deliver for New Zealand ers, the Trade for All Advisory Board 
(TFAAB) report recommended that the Government redevelop the Trade and Labour Framework. 
The New Zealand  Government agreed to this recommendation an d has begun work to examine and 
refresh the Trade and Labour Framework . This work will be informed by engagement with Māori, the 
Government 's Social Partners and public consultation. The TFAAB report can be found here. 
 
Page 24 Para 7.20  
 
New Zealand  has a number of negotiations underway, in line with its trade diversification goal. 
New Zealand  is working with the European Union t o bring FTA negotiations to a successful conclusion 
and deliver a high -quality, comprehensive agreement to foster even greater economic connection 
with the European Union 's 27 member states. The European Union is already New Zealand 's fourth 
largest tradin g partner with two -way goods and services trade of NZD 16.5 billion. It is expected 
that the FTA will deliver significant outcomes in the goods, services and investment sectors, and 
include ambitious outcomes on social and environmental priorities. New Zealand and its AANZFTA 
partners are engaged in Upgrade Negotiations to ensure AANZFTA 's relevance to changing business 
and trade practices and to improve exporter access.  New Zealand  is negotiating a free trade 
agreement with the Pacific Alliance that will i mprove economic links with the Latin American regional 
group of Chile, Colombia, Mexico and Peru. New Zealand  is breaking new ground in negotiations on 
an Agreement on Climate Change, Trade and Sustainability (ACCTS) with six partners. New Zealand  
substant ively concluded FTA negotiations with the Gulf Cooperation Council (GCC) in 2009. However, 
the agreement never entered into force. New Zealand  is in discussion with the GCC on next steps.  
 
Questions:  
 
21. Please elaborate on the statement that "upgrading AANZFTA will increase exporter access? " 
22. What is the degree of ambition in the AANZFTA to DEPA upgrade? Please elaborate.  
 
Response:  
21. We refer Indonesia to the recommendations of the AANZFTA General Review  to guide 
negotiations to upgrade the Agreement, as endorsed by Ministers. The recommendations cover a 
range of issues including a review of AANZFTA 's services commitments with a view to update and 
upgrade AANZFTA.  
 WT/TPR/M/426/Add.1  
 
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  22. The DEPA takes an economy -wide approach to digital trade. Accordingly, it has a broader scope 
and contains a number of elements that go beyond the provisions that New Zealand  has tradition ally 
included in previous FTA e -commerce chapters. These include digital inclusion, SME cooperation, 
and cooperation on emerging areas such as financial technology and artificial intelligence. While 
New Zealand  hopes that some of these can be appropriately  included in the AANZFTA Upgrade, we 
do not expect to replicate the full suite of DEPA provisions.  
 WT/TPR/M/426/Add.1  
 
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  HONG KONG , CHINA  
Questions  
Zespri Group Limited (Zespri) remains the only state trading enterprise in operation in New Zealand . 
Zespri h as an automatic, but not exclusive, right to export kiwifruit from New Zealand  to overseas 
markets other than Australia. Under the Kiwifruit Export Regulations 1999, private traders can 
engage in exporting kiwifruit to markets other than Australia in colla boration with Zespri, subject to 
authorization by Kiwifruit New Zealand  (KNZ), an independent regulatory body. There is no need for 
private traders to seek for such authorization to export kiwifruit to Australia. The Export 
Authorisation is reviewed annual ly by KNZ and changes are advised to Zespri in January each year.  
 
Question:  
1. Private traders can engage in exporting kiwifruit to markets other than Australia in 
collaboration with Zespri, subject to authorization by KNZ. What are the major considerations in 
assessing whether an authorization can be granted to a private trader? Cou ld New Zealand  share 
with us how many applications for authorization have been approved and declined during the review 
period as well as the reasons for declining such applications?  
 
2. With the introduction of the new Trade for All agenda which is an opportunity to update 
New Zealand 's trade policy to ensure that all New Zealand ers benefit from trade, does New Zealand  
have any plan to amend or update the regulations for the export of kiw ifruit?  
 
Response:  
1. Any person may apply to Kiwifruit New Zealand  to enter into collaborative marketing 
arrangements with Zespri Group Limited for the purpose of increasing the overall wealth of 
New Zealand  kiwifruit suppliers. Applications from prospect ive exporters are assessed and decided 
on by Kiwifruit New Zealand , an independent regulatory body established under the provisions of 
the Kiwifruit Export Regulations 1999.  
 
The criterion applied to assess each application for a collaborative marketing a rrangement is how 
well that arrangement will contribute to the purpose of increasing the overall wealth of New Zealand  
kiwifruit suppliers. The only requirement in addition to contributing to an increase in the overall 
wealth of New Zealand  kiwifruit suppl iers is that the proposal must be a collaborative marketing 
arrangement with Zespri Group Limited.  
 
Over the last five seasons , Kiwifruit New Zealand  has received 131 applications for collaborative 
marketing arrangements. 118 applications have been approve d, 11 applications have been declined.  
 
Applications were declined because they could not demonstrate that they met the criterion for 
approval - contributing to an increase in the overall wealth of New Zealand  kiwifruit suppliers through 
a collaborative m arketing arrangement with Zespri Group Limited.  
 
2. New Zealand  does not have any plans to amend or update the regulations for the export of 
kiwifruit.  
 
Questions  
 
(WT/TPR/S/426: Page 37, para 2.49; Page 73, para 3.155)  
The New Zealand  Government maintains  equity shares in 50 enterprises in different economic 
sectors. Government -owned enterprises generally operate in competitive markets. The Treasury 
reviews the performance of these government -owned enterprises that may have full or partial 
commercial objec tives.  
 
Question:  
3. Apart from reviewing the performance of the government -owned enterprises, would the 
Government conduct regular reviews on the level of governmental participation or consider 
privatisation of these enterprises?  
 
Response:  
The Crown's commercial entities reflect the results of broader policy choices over time. No formal, 
scheduled reviews on the level of governmental participation of government -owned enterprises are WT/TPR/M/426/Add.1  
 
- 89 - 
 
  carried out. The Government's policy is not to privatise Cr own-owned enterprises, however,  the 
rationale for ownership of each entity is continually monitored.  
 
Questions  
Patents  
 
(WT/TPR/S/426: Page 83, para 3.191)  
Patenting activity declined in New Zealand  during the review period. Annual applications declined 
25% while annual grants declined 61% between 2014 and 2020. During the same period, non -
residents comprised a growing proportion of both applicants and grantees, reaching 94% and 96%, 
respectively, in 2020. A study commissioned by IPONZ links these trends to the higher patentability 
requirements of the Patents Act 2013, which have created examination delays. The study 
hypothesizes that foreign applicants filing in New Zealand  are typically sophisticated entities 
pursuing strategic protection globally, since  they have usually filed in more than 11 jurisdictions 
(with 96% also having filed in Australia).  
 
Question:  
4. We understand that the IPONZ commissioned a study to survey the patent activity in 
New Zealand  in around 2020. Have the study findings triggere d any changes in New Zealand 's 
patent policy? Please also share with us whether New Zealand  has any measures or plans to 
encourage domestic patent filings.  
 
Response:  
There are currently no plans to change New Zealand 's patent policies in response to the IPONZ 
study. IPONZ has no specific programme to encourage domestic patent filings.  
 
Questions  
Banking  services  
 
(WT/TPR/S/426: Page 108, para 4.80)  
The Reserve Bank of New Zealand  (RBNZ) is currently reviewing its policies relating to the 
registration of overseas -incorporated banks, with the objective of improving the consistency and 
clarity of the prudential requirements applying to banks operating under a branch model, and 
ensuring these are consistent with the RBNZ's financial stability mandate and r isk appetite. The 
related consultation process was launched in October 2021 and will be concluded in March 2022.  
 
Question:  
5. How often does the RBNZ review the policies on the registration of overseas -incorporated 
banks? Could New Zealand  share with us major policy changes to the registration of overseas -
incorporated banks as a result of the last review, as well as the status of  the current consultation?  
 
Response:  
RBNZ last reviewed its registration policy in 2016, in relation to policy on the registration of small 
overseas -incorporated banks:  
https://www.rbnz.govt.nz/regulation -and-supervision/banks/consultations -and-policy -
initiatives/completed -policy -development/dual -registration -policy -for-small-foreign -banks . 
 
A broader review is currently taking place. The first tranche of consultation of this review closed 
on 2 March 2022. This related to the problem definition and principles for the review and asked some 
high level policy questions. The  RBNZ intends to consult on a proposed policy approach for branches 
of overseas -incorporated banks in the second half of 2022, with a view to making final policy 
decisions at the end of 2022. Further information is available here:  
https://www.rbnz.govt.nz/regulation -and-supervision/banks/consultations -and-policy -
initiatives/ active -policy -development/review -of-policy -for-branches -of-overseas -banks .  
 
It is RBNZ's intention to review all of its prudential policies on a regular cycle and so it is anticipated 
that branch policy will be reviewed again within the next 5 years.  
 WT/TPR/M/426/Add.1  
 
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  Questions  
Telecommunications  services  
 
(WT/TPR/S/426: Page 114, p ara. 4.108)  
The Commerce Commission is responsible for overseeing competition in the telecommunications 
market and regulating certain telecommunication services. It can recommend that services be 
regulated or deregulated. The Commission may also set the terms and cond itions (including prices) 
for regulated services through Standard Terms Determinations. It also has powers to request that 
industry -wide services (e.g. number portability) be made available, impose information disclosure 
requirements, and enforce structura l remedies such as separation. The Minister for Communications 
can accept or reject the Commission's recommendations as to whether a service should be regulated 
or deregulated and transmit a "statement of economic policy" to which the Commission must have 
regard.  
 
Question:  
6. We are interested in knowing the general criteria for the Commerce Commission to determine 
whether certain telecommunications services have to be regulated or deregulated. Are there any 
precedent cases that the Commission's recommend ations were rejected by the Minister for 
Communications? If yes, what are the reasons behind the rejection?  
 
Response:  
In reaching a determination on whether there are reasonable grounds for commencing an 
investigation into whether telecommunication servic es should be regulated, the decision must be 
made that will give effect to, or is likely to best give effect to, to the purpose of the Act as set out 
in section 18(1):  
"… to promote competition in telecommunications markets for the long -term benefit of end -users of 
telecommunications services within New Zealand  by regulating, and providing for the regulation of, 
the supply of certain telecommunications services between service providers."  
 
The Commerce Commission's work over the past five years has primarily focused on deregulation. 
In general, it considers that  reasonable grounds for commencing an investigation into whether any 
of the relevant telecommunication services should be omitted/deregulated are likely to exist if the 
evidence before it suggests that circumstances have changed since regulation was introd uced in 
such a way that:  
 
• continued regulation may no longer be necessary to promote competition; or  
• existing regulation may be having a negative impact and removing the regulation may best 
promote competition for the long -term benefit of end-users.  
 
These considerations are set out in more detail in Chapter 2 of the following document:  
https://c omcom.govt.nz/__data/assets/pdf_file/0025/254329/Schedule -3-review -of-Schedule -1-
services -Final-decision -12-May-2021.pdf  
 
There are no recent cases of the Minister rejecting the Commerce Commission's recommendations 
to regulate or deregulate.  
 
Questions  
Maritime transport services  
 
(WT/TPR/S/426: Page 120, para 4.144)  
The Commerce Act 2017 repealed provisions of the Shipping Act 1987 that previously applied to 
competition in international shipping and exempted international shipping from the competition 
regulation under the Commerce Act 1986. The Act amended the Commerce Act to provide qualified 
exceptions in relation to international liner shipping services. The exceptions allow cooperative price -
fixing and capacity -limiting arrangements that  have the effect of improving service supplied to 
owners or consignors of goods carried at sea.  
 
Question:  
7. Could New Zealand  elaborate on how the "qualified exceptions" work in relation to 
international liner shipping services, and whether the exception s also apply to foreign shipping 
companies?  
 WT/TPR/M/426/Add.1  
 
- 91 - 
 
  Response:  
The qualified exceptions for provisions of international liner shipping agreements relate to the 
prohibitions against anticompetitive agreements in the Commerce Act 1986. The exception provided 
in the Commerce Amendment Act 2017 states that "specified activities" will be exempt from the 
prohibitions in sections 27 (anticompetitive agreements) and 30 (cartels) of the amended Commerce 
Act if they relate to the stated "circumstances".  
 
The main circumstan ces where the exception will apply are set out in section 44A(6) of the 
Commerce Act:  
 
• First, all parties to the contract, arrangement, or understanding that contains the provision 
must be supplying an international liner shipping service in co -operation with each other.  
• Secondly, the co -operation in question must also improve the service  supplied to owners or 
consignors of goods carried at sea.  
• Lastly, the provision must relate to either a specified activity carried out for the purposes of 
the co -operation, or an activity ancillary to a specified activity that is reasonably necessary 
for the purposes of the co -operation.  
 
The specified activities that relate to those circumstances are set out in section 44A(8) of the 
Commerce Act. These include the coordination of schedules and the determination of port calls, the 
pooling of ships to o perate a network, and the sharing or exchanging of equipment such as 
containers.  
 
Further circumstances and specified activities that are exempt from the cartel prohibition relating to 
price fixing are stipulated in section 44B.  
 
This targeted block except ion from the prohibitions against anticompetitive agreements in the 
Commerce Act for provisions of international liner shipping agreements allows for coordination and 
sharing of vessel capacity on routes to achieve efficiencies. Agreements or provisions of  agreements 
that, directly or indirectly, fix prices, unreasonably limit capacity, allocate markets, or require sharing 
of commercially sensitive information about independent services provided to shippers will not be 
exempt.  
 
The exception is also availa ble to foreign shipping companies who are subject to the jurisdiction of 
the Commerce Act by virtue of engaging in conduct in New Zealand  (refer section 4 of the 
Commerce  Act).  
 WT/TPR/M/426/Add.1  
 
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  JAPAN  
Report by Secretariat  
 
Questions  
3 Trade policies and practices by measures  
3.1.3 Tariffs  
 
(Question 1: Paragraph 3.23 page 42)  
What is the difference between RCEP and CPTPP in terms of HS transposition of PSR? While the 
Parties have no common/agreed transposed PSR both for RCEP and CPTPP, why wa s RCEP the only 
exception of transposition to HS2022 by New Zealand 's domestic excise? How did New Zealand  
transpose the PSR of CPTPP, while there is no common basis for the transposition among the Parties? 
What would happen in the case where there is a di screpancy between the transposed PSR and 
original PSR?  
 
Response:  
New Zealand  endeavours to implement its tariff in accordance with the commitments to the World 
Customs Organisation's Harmonised Commodity and Coding System . Trade is facilitated when rules 
of origin are aligned with the current version of the tariff . The CPTPP rules  were based on the 2012 
version of the HS and significant work had already been completed to update these rules to 2017.  
 
New Zealand  had already completed the regulatory process for implementing the HS2022 for its 
existing agreements before RCEP entered i nto force . For this reason RCEP Rules of Origin schedules 
were implemented as negotiated.  
 
New Zealand  acknowledges that work continues in the respective CPTPP and RCEP working groups 
to conclude a mutually agreed version of rules for HS2022 and will imple ment these when concluded. 
In the event of a discrepancy between the New Zealand  2022 transposed PSR and the original PSR 
(which New Zealand  considers unlikely), New Zealand  will apply the PSR agreed in the original treaty 
document, or its subsequent mutua lly agreed replacement.  
 
Questions  
 
3.1  Measure Directly Affecting Imports  
3.1.4 Other Charges Affecting Imports  
 
(Question 2: Paragraph 3.42 page 47)  
Japan would like to seek clarification on whether the synthetic greenhouse gas (goods) levy, a heavy 
engineering research levy, and an accident compensation motor vehicle levy are imposed only on 
imported goods or both on imported and domestic goods.  
 
If they are only for imported goods, please explain the relation between these levies and NZ's 
obligation under Article 2.4 (Elimination of Customs Duties) of CTPTPP and Article 2.4 (Reduction or 
Elimination of Customs Duties) of RCEP.  
 
Response:  
The Heavy Engineering Research Levy and the Accident Compensation (AC) Levy are collected on 
both imported g oods and domestically manufactured goods. The Synthetic Greenhouse Gas (SGG) 
Levy is collected on imported goods, with equivalent emissions costs placed on domestic 
manufacturers of synthetic greenhouse gases.  
 
Article 2.4 of CPTPP and Article 2.4 of RCEP provide for the reduction or elimination of Customs 
Duties. These are reductions or eliminations of import tariff duties as detailed in New Zealand  
Customs Service's Working Tariff Document (Working Tariff Document (customs.govt.nz). The 
Synthetic Greenhou se Gas Levy, Heavy Engineering Research Levy and Accident Compensation Levy 
are domestic (internal) taxes, which are excluded from the definition of Customs Duties in the CPTPP 
and RCEP.  
 
For further information, the SGG Levy is collected on various specif ied imported products containing 
synthetic greenhouse gases. This levy forms part of the government's programme to reduce SGG 
emissions, which also includes placing equivalent emissions costs on domestic manufacturers of WT/TPR/M/426/Add.1  
 
- 93 - 
 
  SGGs and importers of bulk SGGs: th at is, all sources of SGG into the NZ economy. SGG 
manufacturers and importers must submit emissions returns including calculation of emissions using 
methodology described in the Climate Change (Stationary Energy and Industrial Processes) 
Regulations 2009.   
 
The Heavy Engineering Research Levy funds promotion and research and other scientific work 
relating to the heavy engineering industry, and is charged on both imported and domestically 
produced heavy engineering products specified in Schedules 2 and 3 of  the Heavy Engineering 
Research Levy Act 1978.  
 
The AC Levy on motor spirits helps fund the Motor Vehicle Account Levy to pay for injuries caused 
by any crash on a public road including crashes involving cars, trucks, motor cycles, bicycles and 
pedestrians . The AC Levy is charged on all products containing motor spirits as listed in the Excise 
and Excise -equivalent Duties Table, which may be either imported or domestically manufactured.  
 
Government Report  
 
Questions  
 
4 Domestic Tariff and Trade Policy  
4.6 Investment Policy  
 
(Question 3: Paagraph.4.20 Page 14)  
With regards to ISDS provisions in the CPTPP, although New -Zealand has exchanged side letters 
with several Contracting Parties to either limit or fully exclude the application of ISDS, it is 
under stood that the ISDS remains applicable for other Contracting Parties. Japan would like to seek 
New-Zealand's clarification on this point.  
 
Response:  
Since 2018, New Zealand  government policy on ISDS changed to no longer include ISDS provisions 
in new  Free Trade Agreements . The majority of the CPTPP text was concluded before this change in 
policy and New Zealand  was unable to secure complete exclusion of ISDS from the agreement. 
New Zealand  therefore sought to exclude or alter the ISDS provisions between New Zealand  and 
other signatories to CPTPP and the different approaches identified in the question are the result of 
those bilateral negotiations. Where New Zealand  did not secure a side letter to exclude or alter the 
ISDS provisions of CPTPP, the ISDS provis ions contained within the Agreement continue to apply 
and New Zealand  will continue to honour those obligations.  
 
Questions  
 
7 Bilateral and Regional Trade Agreement  
7.8 Digital Economy Partnership Agreement(DEPA)  
 
(Question 4: Paragraph 7.15 Page  23) 
I would like to seek clarification on the legal status of certain articles of DEPA. Namely, while the 
signatories of DEPA are Parties/signatories of TPP, why do Articles 3.3, 3.4, 4.3 and 4.4 are limited 
to "affirm their level of commitments" and why does A nnex I record the understanding that the these 
Articles do not create any rights or obligations between or among the Parties?  
 
Response:  
The DEPA's Articles 3.3, 3.4, 4.3, and 4.4 reaffirm the Parties' existing level of commitments under 
CPTPP.  
 
Annex I re flects that Articles 3.3, 3.4, 4.3, and 4.4 are not directly enforceable within the DEPA 
itself.  
 
Questions  
 
(Question 5: Paragraph 7.15 Page23 ) 
It is said that DEPA is module based Agreement so that a State/region can be a Party of not only 
the entire Agreement but also a part of the Agreement by choosing modules it would like to join. 
Japan would like to seek views of New Zealand  on this point.  WT/TPR/M/426/Add.1  
 
- 94 - 
 
  Response:  
The DEPA was designed to serve as a building block that could inform wider discussions on digital 
rules and standards. The DEPA's modular approach, which minimises cross -references between 
different provisions in the Agreement, is intended to make  it easier for others to easily replicate 
DEPA commitments, initiatives and standards in other contexts, for example in the WTO Joint 
Statement Initiative on Electronic Commerce. New Zealand  expects aspirant economies seeking 
accession to the DEPA to compl y with all the modules of the DEPA.  WT/TPR/M/426/Add.1  
 
- 95 - 
 
  KOREA, REPUBLIC OF  
Secretariat Report  
 
Questions  
 
Part 2. TRADE AND Investment Regimes; 2.3. Trade Agreements and Arrangements; 2.3.4. 
Other agreements and arrangements, page 34, paragraph 2.40:  
 
Q1. Could New Zealand  please further explain how the Digital Economy Partnership Agreement 
(DEPA) will complement the WTO negotiations on E -commerce?  
 
Q2. Could New Zealand  provide an update on the status of DEPA expansion and elaborate the 
process to bec ome a member of DEPA? For example, Korea officially expressed its intention to join 
DEPA in 2021. Are there any other countries delivering their intention to join DEPA other than Korea? 
Grateful if New Zealand  could share with us more details of the ongoin g discussions on this issue.  
 
Response:  
1. The DEPA was designed to serve as a building block to inform wider discussions on digital 
trade rules, including through building ambition in the WTO E -commerce Joint Statement Initiative. 
For example, New Zealand  has used the DEPA's Article on Electronic Invoicing as the basis for our 
proposal at the WTO E -commerce JSI.  
 
2. As an open plurilateral agreement, the DEPA is open to any WTO member able to meet the 
obligations it contains. An Accession Working Group fo r the Republic of Korea was established on 
5 October 2021 and accession negotiations are under  way. Following its request for accession in 
November 2021, the DEPA Parties are also engaged in informal technical discussions with China. 
Canada requested acces sion in May 2022.  
 
Questions  
 
Part 2. TRADE AND Investment Regimes; 2.4. Foreign Investment Regime; 2.4.1. 
Regulatory Framework, page 34~35, paragraph 2.43.~2.45:  
 
Q3. Foreign Investment in New Zealand  is generally permitted without restrictions. However,  
New Zealand  maintains the screening mechanism under which any overseas person willing to acquire 
any type of sensitive assets is required to apply for consent from the OIO and undergo an investor 
test. Could New Zealand  provide further information about t he process of investor test? e.g. How 
long does it take to get through the test? Overseas investors seeking to consent from the OIO need 
to pay an application fee?  
 
Q4. Could New Zealand  provide reasons why the relevant authorities decided to include resi dential 
and lifestyle lands in the definition of sensitive asset since 2018?  
 
Response:  
3. The investor test is required under a range of different application types, and the fees for each 
type of application are not disaggregated. However, the standalone investor test takes 30 working 
days to complete, and it can be done in advance of an application. There is an application fee of 
25,500 NZD for a standalone investor test, and 13,000 NZD for a reassessment of the investor test. 
For future applic ations, a discount of 12,500  NZD applies as a repeat investor discount.  
 
More information on the investor test can be found here: https://www.linz.govt.nz/overseas -
investment/discover/overseas -investment -tests/investor -test/meeting -investor -test 
 
4. The objective of including residential and lifestyle lands in the definition of sensitive assets is 
to ensure that house prices are shaped by New Zealand ers, and to redirect capital towards more 
productive uses, as there were concerns that housing was used  as a channel for foreign capital.  
 WT/TPR/M/426/Add.1  
 
- 96 - 
 
  Questions  
 
Part 2. TRADE AND Investment Regimes; 2.4. Foreign Investment Regime; 2.4.2. Other 
aspects of New Zealand 's foreign investment regime, page 37~38, paragraph 2.52:  
 
Q5. Regarding investment commitments in the F TA signed during 2015 -21, could New Zealand  
provide reasons why only the CPTPP and Korea -New Zealand  FTA contain ISDS provisions?  
 
Response:  
Since 2018, New Zealand  government policy on ISDS changed to no longer include ISDS provisions 
in new free trade a greements.  
 
The New Zealand -Korea FTA was concluded and entered into force before this policy change.  
 
The majority of the CPTPP text was also concluded before this change in policy, and New Zealand  
was unable to secure complete exclusion of ISDS from th e agreement . Nonetheless, as part of the 
CPTPP negotiations, New Zealand  agreed side letters with five CPTPP signatories (Australia, 
Brunei  Darussalam , Malaysia, Peru and Viet Nam) which prevent the automatic application of the 
compulsory ISDS provision in  CPTPP between these signatories and New Zealand . A further two 
countries, Canada and Chile, have joined New Zealand  in a declaration that they will use investor -
state dispute settlement responsibly.  
 
Questions  
 
Part 4. TRADE POLICIES BY SECTOR; 4.1 Agric ulture, Forestry, and Fisheries; 4.1.2 Border 
measures; 4.1.2.2 Export Measures, page 94, paragraph 4.9~10:  
 
New Zealand 's relevant act and regulations establish Zespri as the primary exporter of New Zealand -
grown kiwifruit to all countries other than Aus tralia. Under Export Authorization, Zespri is granted 
an automatic, but not exclusive right by the relevant regulatory body, Kiwifruit New Zealand (KNZ).  
 
Q6. Korea would like to ask New Zealand  to provide further details on how New Zealand  ensures 
that Zespri "acts in a manner consistent with the general principles of non -discriminatory treatment" 
affecting other traders prescribed in 1(a) of GATT Article XVII.  
 
Q7. In addition, could New Zeala nd please elaborate on the rate of approvals for all other traders 
wishing to export kiwifruit to markets other than Australia?  
 
Q8. Considering that Zespri is allowed to provide its kiwifruit nursery stock free -of-charge to growers 
outside New Zealand , there are concerns about the circumvention of the Nairobi commitment to ban 
export subsidies. Could New Zealand  please clarify how it ensures its compliance with the Nairobi 
Decision on STEs?  
 
Response:  
6. As explained in New Zealand 's WTO notification G/S TR/N/18/NZL of 2 July 2020 under 
Article  XVII: 4(A) of the GATT 1994 and paragraph 1 of the Understanding on the Interpretation of 
Article XVII, the current export arrangements for the New Zealand  kiwifruit sector comply with 
Article  17 of GATT .  
 
Zespri G roup Limited (Zespri) is a grower -owned company, a private enterprise wholly owned by 
current and former kiwifruit growers. The New Zealand  Government has no role in the management 
of Zespri. All of Zespri's contracts for sale and export of kiwifruit are n egotiated between Zespri and 
its customers without any involvement by the New Zealand  Government. These contracts are driven 
solely by commercial considerations.  
 
The Kiwifruit Industry Restructuring Act 1999 provides for the establishment of rules under which 
Zespri operates, including, but not limited to, the non -discrimination rule, whereby Zespri must not 
discriminate among kiwifruit suppliers and potential suppliers except on commercial grounds.  
 
7. Over the last five seasons, Kiwifruit New Zealand  has received 131 applications for 
collaborative marketing arrangements. 118 applications have been approved; 11 applications have 
been declined.  WT/TPR/M/426/Add.1  
 
- 97 - 
 
  8. New Zealand  does not provide export subsidies and fully meets its commitments under the 
Nairobi Decision. The New Zealand  Government has no role in Zespri's commercial decisions, 
including the company's commercial decisions on the provision of proprietary kiwifruit nursery stock 
varieties it develops.  WT/TPR/M/426/Add.1  
 
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  MALAYSIA  
Government Report  
 
Questions  
1 OV ERVIEW  
 
1.3. Trade must also deliver for all New Zealand ers. The Government's Trade for All  agenda is 
working to ensure trade policy supports sustainable and inclusive economic  development and 
contributes to addressing global and regional issues of concern, so  that all New Zealand ers benefit 
from trade. This includes ensuring that Māori benefit  from trade, commensurate with the Crown's 
Te Tiriti o Waitangi/Treaty of Waitangi  obligations and its principles.2 One in every four 
New Zealand ers work in ex port-related  employment. Trade is an important driver of productivity, 
employment and incomes.  Productivity  per New Zealand  worker  is 36% greater  if they are in a firm 
that is exporting.  Employment  grows  7% to 12% faster  when  New Zealand  firms start export ing. 
Average monthly earnings for employees of exporting firms were higher than  in non-exporting  firms 
across  almost  all industries,  including  manufacturing  (41%  higher),  wholesale  trade (31%),  and 
mining  (108%).  
 
Question:  
1. Appreciate if New Zealand  could elaborate on how she promotes local MSMEs to actively boost 
export in the services sectors?  
 
Response:  
Service sector companies make up approximately 100 of NZTE's Focus customers and are an 
important part of our export economy ( Focus customers of NZTE's are customers who are generally 
established exporters and are generating international revenue) . NZTE do not promote customers 
in the Service Sector specifically. The service sector is supported in the same way as we support our 
physica l goods exporting customers; we provide them with a range of services that support their 
development in several key areas:  
 
• Business capability – building on a customer's capacity to develop viable, defensible core 
capabilities evidenced by talent (governa nce, leadership and staff) with the skill to scale 
their organisations through export led growth;  
• Market understanding – customers knowledge of and ability to develop comprehensive Go -
To-Market strategies prior to and whilst entering overseas markets.  
• Sales and Channels – Customers understanding of how -to best reach, acquire and access 
customers in export markets through various choices of digital, direct and channel partners 
or a combination of these methods.  
 
Questions  
2.4. The Government's  NZD 50 billion  COVID -19 Response  and Recovery  Fund (CRRF)  has 
sustained  the economy  while its wage subsidy  scheme  supported  nearly 1.8 million jobs 
in 2020/21. The employment rate is now at a record high and the third  highest  in the OECD,  with 
unemployment  at 3.4%.  A strong  labour  market  and consumer confidence has driven increased tax 
revenue. Demand for New Zealand 's goods exports is expected to continue as the world economy 
recovers, and the terms of  trade are supported by rising commodity prices. While New Zealand  has 
taken on debt  through the COVID -19 pandemic, it has one of the lowest levels of government debt 
in the world, at  34% of GDP in  December 2021.  
 
Questions:  
1. How does New Zealand  maintain a strong labour market despite being affected by the COVID -
19 pandemic?  
2. What initiatives were undertaken to improve the unemployment rate?  
 
Response:  
1. New Zealand  was able to maintain a strong labour market during the pandemic due to a 
combi nation of measures. First, the strict initial lockdown and subsequent use of targeted public 
health measures enabled the practical eradication of COVID -19 from the country up until late 2021, 
which permitted the business sector and consumer demand to rebou nd strongly during 2020 
and 2021.  
 WT/TPR/M/426/Add.1  
 
- 99 - 
 
  Second, the Government's wage subsidy scheme was broad in reach in order to prevent mass 
redundancies during lockdowns and keep workers connected to their jobs.  
 
Third, the business sector showed considerable resilience and responsiveness in the face of public 
health restrictions, rapidly pivoting to online sales and delivery models and taking up other different 
business models ( e.g., working from home).  
 
Finally, the Government took an active role in sustaining growth a nd employment by introducing  an 
expanded infrastructure investment programme and other targeted measures to encourage training 
and workforce development by employers.  
 
2. New Zealand  has taken a large number of initiatives aimed at maintaining economic confidence 
and employment levels, in addition to those detailed above. More information about the 
Government's strategic employment goals and priorities can be seen here: 
https://www.mbie.govt.nz/business -and-employment/employment -and-skills/employment -
strategy/ . 
 
Questions  
 
The transition to a low carbon economy and the Climate Change Commission  
2.8. A key priority for the New Zealand  Government is respondi ng to climate change and supporting 
sustainability and a just transition to a low carbon economy. In 2021 the Government strengthened 
its global emission reduction target to reduce New Zealand 's net greenhouse emissions by 50% 
by 2030 and committed to phas ing out coal. The 2019 Climate Change Response (Zero Carbon) 
Amendment Act set targets to make New Zealand  carbon neutral.  
 
2.9. Businesses and trade will play a fundamental role in the transition to a low carbon economy. 
The Government has invested NZD 3 00 million to recapitalize New Zealand  Green Investment 
Finance and became the first country in the world to pass legislation requiring all listed companies 
and large financial institutions to report on their climate related risks.9 Other measures have bee n 
introduced, including shifting public institutions and businesses to clean energy, requiring Crown 
Financial Institution investments be carbon neutral by 2050, introducing green bonds, and 
recycling  revenues from the Emissions Trading Scheme to help fina nce the low carbon transition. 
New Zealand  recently committed to provide NZD  1.3 billion in climate finance for developing 
countries over 2022 -2025, a fourfold increase from its previous commitment.10 At least 50% of this 
funding will go to the Pacific.  
 
Question:  
1. Is there  any plan to encourage the usage of fuel pellets made from biomass instead of coal 
for energy generation?  
 
Response:  
There are a range of initiatives that are focused on supporting businesses and public sector 
organisations to move away  from using fossil fuels. These include the State Sector Decarbonisation 
fund ( https://www.eeca.govt.nz/co -funding/public -sector -decarbonisation/state -sector -
decarbonisation -fund) and the Government Investment in Decarbon ising Industry Fund 
(https://www.eeca.govt.nz/co -funding/industry -decarbonisation/about -the-government -
investment -in-decarbonising -industry -fund/ ). Both will support projects that enable entities to 
switch from fossil fuels to low emissions energy sources such as biomass. These funds are technology 
agnostic and do not focus specifically on encouraging the use of biomas s as a replacement for coal.  
 
The circular and bioeconomy chapter and the forestry chapter of the Emissions Reduction Plan 
(https://en vironment.govt.nz/assets/publications/Aotearoa -New-Zealands -first-emissions -
reduction -plan.pdf ) contain work programmes that are likely to support the use of biomass as a 
replacement for coal. These work programmes are:  
 
Accelerate the sustainable and sec ure supply and uptake of bioenergy in Aotearoa . This work 
programme will be developed in alignment with the circular and bioeconomy strategy and the energy 
strategy and will consider:  
 
• Establishing a baseline for the supply and demand of bioenergy feedsto cks  
• Developing a framework to choose the right type of bioenergy supply from our bioresources  WT/TPR/M/426/Add.1  
 
- 100 - 
 
  • Considering the regulatory framework for bioenergy markets  
• Helping to match the supply of bioenergy with demand  
• Undertaking demonstration projects and public private partnerships .  
 
The Forestry and Wood Processing Industry Transformation Plan (ITP) . This plan aims to set out a 
cohesive set of actions to transform the forestry sector, grow the domestic wood processing industry 
and get more value from our logs. The ITP will consider options to attract investment in the 
production of low -emissions wood p roducts and biofuels such as wood pellets. It will also develop a 
transformation roadmap to lift value from the forestry and wood processing sector to accelerate the 
bioeconomy, increase wood processing and lift productivity across the wood supply chain in  
New Zealand . 
 
Questions  
 
Concerted  Open  Plurilateralism  
3.12.  While  multilateral  outcomes  remain  New Zealand 's priority,  since 2018,  New Zealand  has 
deliberately  adopted  a "concerted  open plurilateralism"  approach  to develop pathways to WTO 
multilateralism and bolster and revitalize the rules -based  system. This involves identifying pathfinder 
opportunities to work with groups of like - minded  economies  to develop  new ideas and norms  in 
trade  policy  areas  which  respond to business needs and glo bal priorities. High quality trade 
instruments are then  developed that build on and support existing WTO rules, and are open to other 
WTO members to join if they can meet the high standards. These lay a pathway to multilateral  
outcomes over time. Examples of these, both completed and under negotiation, are  found  under  
Sections  5.1 and 7 below.  
 
Question:  
1. Appreciate if New Zealand  could indicate a few examples of successful "concerted open 
plurilateralism" approach.  
 
Response:  
An example of New Zealand 's "concerted open plurilateralism" is the Digital Economy Partnership 
Agreement (DEPA). DEPA was signed by New Zealand , Chile and Singapore in 2020, entering into 
force for New Zealand  and Singapore in January 2021, and Chile in November 2021.  
 
DEPA establishes new rules and practices that support and facilitate trade, and is  designed to 
complement WTO negotiations and build on work  under  way within APEC, the OECD and elsewhere.  
 
DEPA covers broad areas, from e -invoicing to artificial intelligence, and will continue to evolve as 
new digital opportunities and issues emerge. Alongside this, DEPA promotes discussion on issues 
like digi tal inclusion, inclusive trade and support for small and medium enterprises (SMEs) in the 
digital economy.  
 
DEPA is open to accessions from economies that can meet the agreement's high standards. Open 
accessions provide for interested economies to band together and support economic integration both 
regionally and thematically. The DEPA Parties agreed in October 2021 to commence accession 
negotiations with Korea, and subsequently, China requested accession in November 2021, and 
Canada in May 2022.  
 
A further example is the Agreement on Climate Change, Trade and Sustainability (ACCTS) 
negotiations, with five other  partners: Costa Rica, Fiji, Iceland, Norway, and Switzerland. This trade 
initiative involving likeminded economies breaks new ground in seeking to liberalise trade in 
environmental goods and services, develop binding disciplines to eliminate harmful fossi l fuel 
subsidies, and develop best -practice guidance for voluntary eco -labelling schemes. In negotiating 
new rules and practices, it provides an opportunity to raise the standard and ambition of trade policy 
settings.  
 
ACCTS is also an open accession init iative that over time, once concluded, will be open to 
WTO Members.  
 
These WTO -consistent pathfinder agreements will continue to support multilateral outcomes for 
interested economies that can meet the benchmark.  
 WT/TPR/M/426/Add.1  
 
- 101 - 
 
  Agreements such as DEPA and ACCTS are joined by other mega regional free trade agreements 
(FTAs) that support New Zealand 's efforts of concerted open plurilateralism, such as the 
Comprehensive and Progressive Agreement for Trans -Pacific Partnership (CPTPP)  with its open 
accession provisions.  
 
Questions  
4.1 Agriculture  
 
4.4. Reducing agricultural greenhouse gas emissions is critical for climate change mitigation. The 
Government has committed to reducing biogenic methane by 24 -47% below 2017 levels by 2050 
(and 10% by 2030), as set out in the Climate Change Response (Zero Carbon) Amendment Act  2019. 
New Zealand  has also joined the COP26 Global Methane Pledge to showcase our commitment to 
increased ambition on methane emissions (including from agriculture). New Zealand  is the first 
country in the world to price agricultural emissions (from 2025 at the latest) and is working with the 
primary sector and Māori to establish the best way of doing so through He Waka Eke Noa – Primary 
Sector Climate Action Partnership . 
 
Questions:  
1. Is it possible  for New Zealand  to share with us the method used to price the agricultural 
emissions?  
2. Will the He Waka Eke Noa – Primary Sector Climate Action Partnership  cover  both enteric  
methane  produced  by the digestive  systems  of ruminant  animals  and methane  emitted  from manure  
management?  
What is New Zealand 's way forward after the on -farm pricing system is up and running in  2025?  
 
Response:  
1. Under the 2020 Climate Change Response (Emissions Trading Reform) Amendment Act, emissions 
from agriculture will be priced by 2025. The Act requires responsible Ministers to report publicly on 
a system for pricing the emissions from agricultural production by the end of 2022.  
 
The Act requires the report to discuss a number of matters, including:  
 
- how emissions would be priced;  
- what methodologies would be used in calculating emissions and removals;  
- whether other activities or participants should be included; and  
- how emissions of methane would be treated relative to other  greenhouse gasses.  
 
2. As part of the process for pricing emissions, the He Waka Eke Noa Primary Sector Climate Action 
Partnership was formed as a partnership between government, the primary sector, and iwi/Māori to 
equip farmers and growers to measure, m anage, and reduce on -farm agricultural greenhouse gas 
emissions and adapt to climate change. Details of the measures remain under active consideration.  
 
The He Waka Eke Noa website is available here: https://hewakae kenoa.nz/ . 
 
Questions  
4.6 Investment policy  
 
4.17. New Zealand  maintains an open framework for foreign direct investment (FDI), recognizing its 
contribution to the economy. Total FDI stock in New Zealand  was NZD 130.9 billion in March 2021 
while New Zealand 's FDI stock abroad was NZD 29.5 billion. New Zealand 's large st FDI sources are 
Australia, Hong Kong, China, the United States and Singapore. Regulations governing foreign 
investment are liberal by international standards, and targeted regulations apply in only a few areas 
of critical interest. There are no sectors from which FDI is fully excluded. Investment flows vary from 
year to year, reflecting changes in a small number of relatively large individual investments.  
 
4.18. New Zealand 's Overseas Investment Act has had two major reforms since 2015. In 2017 
and 2018, new restrictions were placed on overseas persons buying existing residential homes, 
existing restrictions on purchasing farmland were strengthened, and the regime for forestry 
investment was streamlined and rationalized by requiring consent for acquisiti ons of forestry 
registration rights and certain other profits -à-prendre. The second reform took place in two stages. 
In 2020, the Overseas Investment (Urgent Measures) Amendment Act 2020 mitigated the economic 
effects of COVID -19. The Overseas Investment A mendment Act 2021 encourages investment by WT/TPR/M/426/Add.1  
 
- 102 - 
 
  simplifying the 2005 Act and reducing the screening of low -risk transactions. The reforms also 
ensured there are checks and balances to protect New Zealand 's economy, communities and national 
security.  
 
Questions :  
1. What are the top 5 sectors of FDI in New Zealand ?  
2. What are the initiatives introduced to mitigate the impact of COVID -19 in attracting FDI?  
3. What are the mechanisms used to reduce the screening of low -risk transactions?  
 
Response:  
1. The top five sectors of foreign direct investment in New Zealand  (by value, total FDI stock) at 
31 March 2021are:  
 
1. Financial and insurance services  
2. Manufacturing  
3. Unallocated to industry  
4. Agriculture, forestry, and fishing  
5. Wholesale trade  
 
Further information (including data) on New Zealand 's foreign direct investment is available at: 
https://www.stats.govt.nz/information -releases/balance -of-payments -and-international -
investment -position -year-ended -31-march -2021. 
 
2. In response to the economic consequences of COVID -19, New Zealand 's Parliament passed the 
Overseas Investment (Urgent Measures) Act 2020 (the Act). The Act introduced several liberalising 
measures to cut red tape and attract the foreign investment neede d for New Zealand 's economic 
recovery, by screening fewer low risk transactions and reducing the regulatory burden of the 
screening process.  
 
These measures included:  
 
- changing the definition of 'overseas person' as it applies to New Zealand -listed enti ties, and 
introducing applied for exemptions from the definition for investors that meet certain criteria ; 
- no longer screening leases of fewer than 10 years ; 
- changing the definition of 'sensitive adjoining land' to remove a number of categories ; and 
- simplifying the investor test to clarify that only serious matters can be considered, that repeat 
investors do not need to satisfy the test for each investment they make, and that investors 
can submit an application under the standalone test in advance of their application.  
 
The Act also sought to manage the risk of cornerstone businesses in New Zealand 's productive 
economy being sold in a way that was contrary to New Zealand 's national interest while the 
pandemic was causing the value of many businesses to  fall.  
 
Specifically, the Act introduced the temporary Emergency Notification Regime (ENR), which required 
overseas persons to notify the government of any investment, regardless of its value, that was not 
already subject to screening, which:  
 
- granted t hem control of more than 25 % of an existing business  
- increased an existing level of control in a New Zealand  business, or  
- resulted in the acquisition of more than 25 % of a New Zealand  business's assets (by value).  
 
The ENR ceased on 7 June 2021 and was  replaced by a narrower national security and public 
order  (NSPO) call in power .  
 
The National interest test and NSPO call in power are backstop tools, that will be rarely used, and 
only where it is necessary to ensure protection of New Zealand 's core nat ional interests.  
 
The NSPO call in power can apply to overseas investments in strategically important businesses that 
do not ordinarily require consent under the Overseas Investment Act 2005. It allows the Minister of 
Finance to assess whether a transactio n poses a significant risk to New Zealand 's national security 
and public order and if so, either block the transaction, impose conditions, or order the disposal of 
assets.  WT/TPR/M/426/Add.1  
 
- 103 - 
 
  The Act also introduced the national interest test that can apply to transactions th at ordinarily require 
consent.  The national interest test provides the Minister of Finance with the same options to manage 
risk as the NSPO call in power (i.e. to block the transaction, impose conditions, or order the disposal 
of assets).  
 
3. The measures  used to reduce the screening of low -risk transactions include those changes listed 
immediately above, and also include:  
 
- simplifying the 'benefits to New Zealand ' test by decreasing the number of benefit factors from 
21 specific factors to 7 broad factors,  
- only screening incremental investments if they cross a control threshold (25, 50, 75 or 100%), 
and 
- introducing statutory timeframes for the regulator to make decisions within.  
 
Questions  
Page 16  
 
Inclusive Trade Action Group (ITAG)  
5.13.  New Zealand  is engaging in multilateral and plurilateral initiatives to promote inclusive and 
sustainable trade.  
 
Question:  
1. Could the New Zealand  Government share the initiatives taken to ensure the trade practices 
are inclusive and sustainable?  
 
Respon se: 
New Zealand  has undertaken a variety of initiatives to promote inclusive and sustainable trade, as 
outlined in the Government's report as part of this Trade Policy Review (WT/TPR/G/426). This has 
included through international plurilateral initiatives,  such as ITAG, the GTAGA, and the ACCTS, as 
well as through our work in fora such as the WTO and APEC, including on the reform of 
environmentally harmful subsidies. New Zealand  has also looked to progress and agree ambitious 
outcomes in FTAs, such as throu gh the CPTPP and NZ -UK FTA, and enhance understanding of the 
distributional impacts of trade through gender and ethnicity -disaggregated research into trade 
participation in New Zealand . New Zealand  has concluded new trade outcomes that specifically focus 
on Māori interests and opportunities to promote broader engagement on trade and Indigenous 
Peoples. This has included, for example, the Indigenous Peoples Economic and Trade Cooperation 
Arrangement (IPETCA), agreed in the margins of New Zealand 's 2021 APEC hosting year, and the 
New Zealand -UK FTA, e.g. the dedicated Māori Trade and Economic Cooperation chapter .  
 
It is important for New Zealand  to ensure that a range of stake -holder voices and perspectives are 
included in our approach to trade and trade poli cy, from Māori and from stakeholders. This is a key 
part of New Zealand 's Trade for All agenda.  
 
Questions  
 
Trade and Environment, Climate Change and Sustainability  
5.14. Making New Zealand 's trade policy more sustainable is a key focus of Trade for  All. 
5.21. New Zealand  is leading the first -of-its-kind Agreement on Climate Change, Trade  and 
Sustainability (ACCTS) trade initiative in a group of six likeminded countries. It  seeks  to liberalize  
trade  in environmental  goods  and services,  develop  binding  disciplines to eliminate harmful fossil 
fuel subsidies, and develop best -practice guidance  for voluntary eco -labelling schemes. ACCTS is an 
open plurilateral initiative, that aims  for multilateral outcomes over time and, once concluded, will 
be open to WT O Members  that meet the established standard.  
 
Questions:  
1. Could New Zealand  explain how environment agreement like ACCTS can benefit developing 
countries?  
2. Could New Zealand  explain the measures taken to protect her citizens, particularly the 
vulnerable group while eliminating fossil fuel subsidies?  
 WT/TPR/M/426/Add.1  
 
- 104 - 
 
  Response:  
1. The ACCTS negotiations involve both developed and developing countries. The negotiations aim 
to demonstrate how tr ade policy can contribute to addressing climate and other sustainability 
challenges, to which developing countries are vulnerable and often disproportionately impacted. The 
hope is that ACCTS will act as a pathfinder, and inspire more mutually supportive t rade and climate 
outcomes globally.  
 
All ACCTS participants will also benefit from liberalisation of environmental goods and services, with 
all participants making nominations in these areas . Best practice guidelines for voluntary eco -
labelling seek to en sure that such labels assist consumers to make environmentally beneficial choices 
and do not become disguised restrictions to trade . Elimination of harmful fossil fuel subsidies will 
also help level the playing field for renewable energy, and incentivise i nvestment and research, while 
ensuring that the most vulnerable sections of society are still protected.  
 
2. Ensuring that vulnerable communities are not disproportionally affected by efforts to transition to 
a lower emissions economy is a key focus for New Zealand . As part of New Zealand 's Emissions 
Reduction Plan, the Government will develop an equitable transition strategy in collaboration with 
people and communities who will be most affected by the transition. The strategy will develop 
tangible initiat ives to address challenges and leverage opportunities that are targeted toward those 
groups in most need of support, including affected regions and workers. This will build on the work 
of the Just Transition Unit within the Ministry of Business, Innovation  and Employment, established 
to help share and coordinate the work of transitioning to a low emissions economy. A key focus is 
to ensure that regions are activated and supported to plan and manage the social, economic, and 
environmental impacts of a transi tion. A successful transition is where regions can identify and then 
act upon new opportunities and manage the impacts in a way that is fair and just.  
 
Questions  
 
Women's Economic Participation  
5.30. Development is underway on a Women's Employment Action Plan to address  cross-cutting 
issues that affect women's ability to fully participate in the labour market  and achieve  economic  
resilience.  Barriers  and challenges  related  to women's  employment can be compounded by existing 
inequalities relating to ethnicity, age, sex,  gender, sexual orientation, religion, and disability. For 
this reason, those who typically  experience poorer labour market outcomes will be central to actions 
to improve gender  equality  at work. The  final Plan will  be publicly  released  in 2022.  
 
Question:  
1. Is the Women's Employment Action Plan a short, middle or long term plan? Appreciate if 
New Zealand  could indicate initiatives that were undertaken to improve  the labour force participation 
rate for women.  
 
Response:  
The Women's Employment Action Plan will have a mix of immediate, medium and long term actions 
to improve women's employment in Aotearoa New Zealand . The Action Plan will be released by the 
Government on 30 June 2022.  
 
The Women's Employment Action Plan is the main initiative in this area. More information about the 
Government's strategic employment goals and priorities can be seen here: 
https://www.mbie.g ovt.nz/business -and-employment/employment -and-skills/employment -
strategy/ . 
 
Secretariat's report  
 
Questions  
1.1 Main  Features  of the  Economy  
 
1.3 The structure of New Zealand 's economy has not changed significantly over the  past few years. 
As shown in Chart 1.1, the services sector continues to be the main  contributor to GDP, with an 
estimated 71.6% share in FY2019/20 (71.5% in 2014/15),  followed by manufacturing with 10.7% 
(12.1% in 2014/15); construction with 7.6% (6.2%  in 2014/15); agriculture, fores try and fishing 
with 6.2% (5.2% in 2014/15); electricity, gas  and water with 3.0% (3.4% in 2014/15); and mining 
and quarrying with 1.0% (1.6% in  2014/15).  WT/TPR/M/426/Add.1  
 
- 105 - 
 
  1.4 International  trade  plays an important  role in New Zealand 's economy,  albeit  decreasingly: 
mercha ndise trade (exports and imports), as percentage of GDP, went  down from 40.7% in 2014/15 
to 35.3% in 2020/21.5 This fall is partly due to the negative  impact  the COVID -19 pandemic  had on 
both exports  and imports  of goods  and services. The small size of New Zealand 's economy, the 
remote access to markets and  suppliers, and limited participation in global value chains (GVCs) other 
than food and  agriculture also reduce the ability of firms to exploit economies of scale and to export. 
In 2020, New Zealand  ranked 37th among world merchandise exporters and 40th among  importers 
(considering the countries of the European Union together and excluding  intra-EU trade). Services 
exports, mainly travel services, are also a significant source of  foreign  exchange  earnin gs. In services  
trade,  New Zealand  ranked  30th among  exporters  and 34th among  importers.  
 
Questions:  
1. Appreciate  if New Zealand  could share its economic policies as to whether to prioritise and  
remain focused on the services sector as the main contributor to GDP or there are  other  policies to  
diversify  the economic activities?  
2. Appreciate if New Zealand  could provide information  on categories of traditional,  modern  and 
advanced  sectors  from the total GDP in  the services  sector.  
 
Response:  
1. The New Zealand  Government economic policies continue to create an enabling environment for 
economic activities while allowing for an open market .   
 
As a means to look beyond more traditional measures of the economy such as, like GDP, 
New Zealand  uses the Living Standar ds Framework  to inform economic policy and measure progress. 
The framework enables the government to develop a broad range of economic policies that together 
impact all aspects of human, environmental, social, and physical and financial capital to achieve 
overall wellbeing for New Zealand ers.  
 
The services sector, as well as our agriculture and manufacturing sectors, continue to play important 
roles in supporting the New Zealand  economy. New Zealand 's Reconnecting Strategy  for the tourism 
sector, Industry Transformation Plans,  and commitments to growing the country's digital 
technologies sector , and in particular financial technology, are crucial parts of New Zealand 's 
economic policy with a focus on economic  recovery in the shadow of the COVID 19 pandemic .  
 
2. A breakdown of New Zealand 's GDP by sector is available here: 
https://www.stats.govt.nz/information -releases/national -accounts -income -and-expenditure -year-
ended -march -2021. New Zealand  does not routinely record this information in the categories of 
traditional, modern and advanced sectors.  
 
Questions  
 
1.2 Recent Econ omic Developments  
1.11. Pandemic -related challenges also continue to be felt. Businesses are increasingly reporting 
that border restrictions are making it difficult to fill positions. These difficulties are particularly acute 
for skilled labour in the cons truction and IT sectors, as well as seasonal workers. In addition, 
disruption to GVC, congestion at key ports, and significant increases in shipping costs are all 
challenges for New Zealand  businesses. The cost of shipping goods to and from New Zealand  has 
increased significantly, particularly for container -based freight, which includes many consumer 
goods. Supply chain bottlenecks are also causing material delays in getting goods into and out of 
New Zealand . These disruptions to the usual flow of both good s and workers are likely to result in 
greater capacity constraints and inflationary pressures in the economy  
 
Question:  
1. Appreciate if New Zealand  could provide information on measures to overcome the pandemic -
related challenges in sectors that are affe cted. 
 
Response:  
Supply chain disruption and congestion has posed significant challenges for New Zealand  businesses 
throughout the COVID -19 pandemic . Early in the pandemic, a cross -agency group comprising a 
number of government departments was formed to actively monitor these issues, working with 
government and private sector partners to identify problems and potential solutions. The Ministry of 
Transpo rt held a cross -industry workshop to assess how the market was responding to supply chain WT/TPR/M/426/Add.1  
 
- 106 - 
 
  congestion and to help facilitate market -led solutions. This included considering port operations. The 
Government also facilitated applications for border exemptions and visas for skilled workers hired 
from overseas to allow ports to increase their pool of labour hours and help improve productivity, 
and worked to mitigate potential obstacles to border clearances.  
 
During the TPR reporting period, restrictions on arriva ls at New Zealand 's border to protect the 
community from COVID -19 also posed challenges for businesses, including for business travel and 
access to skilled and seasonal labour from overseas . Measures to mitigate these impacts included 
the establishment of specific allocations within Managed Isolation and Quarantine for (for example): 
critical workers; workers under the Registered Seasonal Employer scheme; and exporters with a 
critical need to travel.  
 
With the gradual reopening of New Zeala nd's borders in 2022, and removal of all managed isolation 
requirements since March 2022, these pressures are easing . However, domestic COVID outbreaks 
since late 2021 have necessitated the introduction of various financial support measures for 
businesses and employees directly affected by these outbreaks and associated domestic restrictions. 
These measures include:  
 
• During the peak of the Omicron outbreak, the COVID -19 Support Payment (CSP) helped 
support viable and ongoing businesses or organisations whic h have experienced a 40% or 
more drop in revenue due to the outbreak. (Applications for the CSP have now closed).  
• The Short -Term Absence Payment, available to employers to pay workers who follow public 
health guidance and are unable to work while waiting for a COVID -19 test result . This is also 
available to eligible self -employed workers. To be eligible, workers need to be unable to 
work from home and need to miss work while waiting for their test results. We note that the 
need for this supor has significa ntly reduced due to the prevalent use of Rapid Antegen Tests 
as part of our COVID -19 health response.  
• The COVID -19 Leave Support Scheme, available to employers to help pay employees 
required to self -isolate because of COVID -19 public health guidance who ca n't work from 
home. This is also available to eligible self -employed workers.  
• The Small Business Cash Flow Loan Scheme, providing loans to small businesses, including 
sole traders and the self -employed, impacted by COVID -19 to support their cash flow needs . 
• The Events Transition Support Payment scheme, covering non -recoverable costs incurred by 
event organisers for COVID -19-related cancellation of large -scale events, including many 
business events.  
• The Arts and Culture Event Support scheme, covering non -recoverable costs incurred by 
event organisers for COVID -19-related cancellations of some arts and culture events.  
 
Questions  
 
Upgrades of existing FTAs  
2.34. In May 2019, New Zealand  and Singapore signed a protocol to update their FTA of 2000. The 
protocol entered into force on 1 January 2020 and expands the coverage of the Agreement by 
including chapters on electronic commerce and regulatory cooperation and four new sectoral 
annexes to the TBT chapter that replicate those under the CPTPP. Under these new TB T annexes, 
the Parties remove some regulatory requirements for wine and distilled spirits, pharmaceuticals, 
medical devices, and cosmetics. The protocol also improves existing commitments in other areas. 
For instance, it updates the chapters on rules of or igin, which are now more detailed and contain 
product specific rules, and the chapter on customs procedures to provide for shorter release times 
for goods and expedited shipment (i.e. goods must be released within 24 hours and express 
consignments within 4  hours). Other changes include targeted improvements to the provisions on 
investor protection, competition, and consumer protection.  
 
Question:  
1. Appreciate  if New Zealand  could provide list of the regulatory requirements removed especially 
for medical de vices.  
 
Response:  
A feature of the TBT Chapter in the New Zealand  Singapore CEP Upgrade is the inclusion of four new 
sectoral annexes (Wine and Distilled Spirits, Pharmaceuticals, Medical Devices and Cosmetics). 
These annexes include sector -specific obliga tions aimed at reducing unnecessary barriers to trade 
in these products.  WT/TPR/M/426/Add.1  
 
- 107 - 
 
  Key outcomes relating to pharmaceuticals, medical devices and cosmetics include provisions aimed 
at removing unnecessary regulatory requirements for these products. The obligations i n the annexes 
are consistent with international good practice and New Zealand 's current regulatory regimes for 
these products, and provide sufficient flexibility for New Zealand  regulators to determine their own 
appropriate level of public health protection.  
 
Further comprehensive details about the regulatory requirements, specifically associated around 
medical devices, can be found in the National Interest Analysis of the Singapore New Zealand  Closer 
Economic Partnership Upgrade, here: www.mfat.govt.nz/assets/Trade -agreements/Singapore -NZ-
CEP/Singapore -CEP-Upgrade -FINAL -NIA.pdf . 
 
Questions  
 
3.3.3 Standards and other technical requirements  
3.3.3. 1 Standardization  
 
3.102. From 1 January 2015 to 31 January 2022, New Zealand  made 39 TBT notifications 
(i.e. regular notifications, excluding revisions and addendums) of which all except for 2 relate to 
proposed technical regulations or proposed conformi ty assessment procedures. These measures 
covered, inter alia, food, alcoholic beverages, plastics, chemicals, and construction materials, and 
they were based on, inter alia, health, safety, quality, or environmental considerations. The other 
two notificati ons were about the adoption of emergency/urgency technical regulations.  
 
Question:  
1. Appreciate  if New Zealand  could elaborate on TBT measures that have affected any of timber 
construction materials.  
 
Response:  
Of the TBT notifications submitted by New Zealand  between 1 January 2015 and 31 January 2022, 
the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment 
Bill, notified on 15 June 2020 (G/TBT/N/NZL/101) and 3 May 2021 (G/T BT/N/NZL/105), affected 
timber construction materials.  
 
This primary legislation is designed to introduce, inter alia,  a minimum set of mandatory product 
information requirements with respect to building materials, a modular component manufacturers' 
schem e, and an updated product certification scheme. The legislation specifies both the level of 
information that must be provided and the form and manner in which it must be delivered.  
 
Questions  
 
3.3.4  Sanitary and phytosanitary requirements  
3.3.4.1 Genera l framework  
 
3.115. Among other changes brought about by the FSLR Act, it allows for use of automated electronic 
systems for issuing export certificates for food, plant, and animal products. In March 2020, 
regulations were issued requiring businesses to p rovide hazard identification and management 
information to the Ministry for Primary Industries (MPI) when applying to register a risk -based 
measure. The Act also enables the adoption of regulations to enhance traceability obligations and 
set recall require ments, including for annual simulated recalls. The authorities indicate that in 
December 2021, traceability and recall guiding documents were undergoing review to align with new 
trace and recall regulations expected to be issued in 2022. In this context, c larification has been 
provided through changes to primary legislation, regulations, and notices on the role of recognized 
agencies and recognized persons, as well as businesses subject to verification. Further, the role and 
responsibilities of the MPI were  expanded to improve food safety responses, including contingency 
planning and being able to request information from third parties to inform risk assessments.  
 
Question:  
1. Appreciate if New Zealand  could elaborate on the revised trace and recall regulations for 
timber products imported/exported into/from the country. What are the additional requirements and 
documentation needed by Malaysian timber exporters to export to New Zealand ? 
 WT/TPR/M/426/Add.1  
 
- 108 - 
 
  Response:  
New r ecall and traceability requirements were introduced as part of the Food Safety Law Reform 
Act. They only apply to food, not to timber or timber products.  
 
Questions  
 
3.3.4 Sanitary and phytosanitary requirements  
3.3.4.2 Food products  
 
3.124 . Pursuant to the Food Act 2014, the MPI uses a risk -based approach for managing the safety 
of imported foods. Imported foods are categorized according to the level of risk they present to the 
New Zealand  consumer, in accordance with Food Regulations 2015 (t he implementing regulations 
of the Food Act 2014). Foods that present an increased risk to human health are referred to as High 
Regulatory Interest (HRI) foods and always require food safety clearance. Foods for which there is 
uncertainty or concern about the risk they present to human health are called foods of Increased 
Regulatory Interest (IRI). Some IRI foods require food safety clearance. An Importing Food Notice 
is published on the MPI website and updated as required. According to the authorities, imp orted HRI 
or IRI foods are categorized based on a systematic and science -based process that involves the 
evaluation of the associated food safety risks and selection of appropriate risk management 
measures for managing any significant risks identified. Foo ds that require food safety clearance are 
listed in Schedules 1 (HRI foods) and 2 (IRI foods) (Tables 3.11 and Table 3.12). When imported 
food is required to be tested, the testing must be completed by an approved laboratory. The 
approved laboratories are listed in Schedule 3 of the Importing Food Notice.  
 
Question:  
1. Could  New Zealand  share how the risk levels are determined or assigned to a country?  
 
Response:  
Risk levels are not country -based, but are determined based on a combinations of factors. HRI a nd 
IRI categories are developed based on an evaluation of the product in question, the hazard it may 
present, and the country of origin. These are underpinned by scientific evidence, and are assessed 
against the same risk as it presents in the like domesti cally made product.  
 
Questions  
 
3.3.4 Sanitary and phytosanitary requirements  
3.3.4.2 Food products  
 
3.126 . HRI and IRI foods must be from a specific country or geographic region of export listed in 
Column D of Schedule 1 or 2 of the Notice. The notice also indicates, inter alia, the clearance 
requirements for the food, and the forms of evidence that the importe r must provide to give 
assurance that food safety has been effectively managed. Regarding importers from other countries 
(not listed) that are willing to import HRI and IRI foods to New Zealand , the competent authority of 
the exporting country or geographi cal region informs the MPI of its interest in exporting a particular 
HRI food and requests for information regarding the import requirements. Exchanges between the 
two parties will determine whether New Zealand 's requirements can be met by the exporting co untry 
or geographical region and official certification negotiated.  
 
Questions:  
1. How often does New Zealand  update the HRI and IRI foods list and what are the factors taken 
into account when updating the list?  
2. Is the specific country consulted before it is being listed under the Notice?  
 
Response:  
1. New Zealand  updates the HRI and IRI foods list as needed . Factors that result in an update being 
considered may include, new evidence that informs a scientific risk assessment, or significant 
changes in local consumption patterns that affect food safety risk. Typical ly, changes occur a few 
times a year.  
 
2. Yes, countries are consulted before they are listed under the Notice.  
 WT/TPR/M/426/Add.1  
 
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  Questions  
 
3.3.7. Government procurement  
3.163 . The Government Electronic Tenders Service (GETS) is an e -procurement platform where 
procuring e ntities are required to list contract opportunities, in addition to providing access to all 
relevant procurement documentation. GETS does not cover the whole procurement process from 
budgeting and planning to contract management and payment but allows for publication of 
procurement opportunities and receipt of tenders. The service is free of charge. New Zealand  
also undertook commitments under the Open Government Partnership and National Action Plan 
2018-2020 to publish procurement -related data in an open f ormat.  
 
Question:  
1. Appreciate if New Zealand  could clarify how the GETS platform has helped ease the 
procurement system and if specialised features are integrated into the system such as localised 
alert, foreign supplier participation, etc.  
 
Response:  
GETS is the web portal for advertising government contract opportunities. Summary information on 
the procurement opportunity (e.g. the name of the procuring entity, a description of the procurement 
and the closing date for tenders) is available w ithout registration. The tender documentation can be 
accessed with registration, which is free. It is also possible to set up alerts for the categories of 
procurement that are of interest. These are also free. All procurement opportunities are open to 
foreign suppliers unless indicated otherwise in the procurement notice.  
 
Questions  
 
3.3.8.13. IP matters relating to COVID -19 
3.228.  Prior to the pandemic, IPONZ had already adopted and implemented a 100% online  business 
model and issued guidelines to encourag e the use of video conferencing at hearings. Although its 
online services continued to operate normally during the pandemic, its operations were impacted, 
particularly during lockdown, adding to pre -existing patent and trademark backlogs and delays in 
scheduling hearing dates. IPONZ has recruited additional staff and is trialling a new scheduling 
initiative to address these issues.  
 
Question:  
1. Appreciate  if New Zealand  could clarify the impact of COVID -19 by identifying the major 
challenges faced by IPONZ.  
 
Response:  
Despite the COVID -19 pandemic, New Zealand  received record numbers of application filings. This 
put ongoing pressure on pendency times and IPONZ continued  its growth phase by investing in its 
people and systems to match the demand. Particularly in the earlier days of the pandemic, lockdowns 
and the subsequent working from home requirements did pose some productivity and information 
technology challenges. Th is was somewhat mitigated as IPONZ had already implemented a 
progressive flexible working policy and electronic case management prior to the pandemic. IPONZ 
teams also adapted to recruiting and training new members in a virtual format.  
 
IPONZ also provided  skilled people to the broader New Zealand  Government response to COVID -19, 
leaving some expertise and skills gaps.  
 
IPONZ customers also faced disruption. IPONZ provided carefully managed communications and 
introduced flexible extension of time practices to help customers manage their deadlines. In addition 
some procedures, such as in -person hearings, switched to being heard via video link.  
 
International travel restrictions impacted the ability to fully engage in WIPO and UPOV forums 
although these were still attended virtually. Other international outreach activities were delayed or 
unable to go ahead. Domestic travel restrictions limited IPONZ's local customer and stakeholder 
outreach and caused a range of disruptions and difficulties for Plant Variety Right field evaluations 
and testing. This resulted in minor or moderate delays in examination progress and final grant 
decisions.  
 WT/TPR/M/426/Add.1  
 
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  Questions  
 
4.2 Energy  
4.30. New Zealand 's energy self -sufficiency rate stood at 75.7% in 2020, down from 81.2% in 2015. 
Total energy production followed the same pattern over that period. The shares of coal and oil in 
total energy production decreased dramatically between 2015 and 2020 (Table 4.2). The industrial 
and residential sectors remained the main energy consumers  
 
Quest ions:  
1. Does New Zealand  have any policy related to renewable energy?  
2. Appreciate  if New Zealand  could provide information on any type of biomass being used for 
the generation of renewable energy.  
3. Are there any incentives  or support given to the ind ustry players that are involved in the 
production of renewable energy especially from biomass?  
 
Response:  
1. The Government's 2050 vision for energy and industry is for Aotearoa New Zealand  to have a 
highly renewable, sustainable and efficient energy syste m supporting a low -emissions economy .  
 
The Government has a number of policies and initiatives to achieve this vision, including:  
 
• Setting a renewable energy target of 50 % of all energy consumed coming from renewable 
sources by 2035.  
• Monitoring progress towards the government's aspirational target of 100 % renewable 
electricity by 2030. This target will be reviewed in 2024.  
• Developing an energy strategy by 2024 to help to s ignal pathways to reduce reliance on 
fossil fuels and towards greater levels of renewable electricity and other low emissions fuels.  
• Accelerating renewable electricity generation and reviewing national direction tools for new 
renewable generation and elect ricity infrastructure, including small -scale generation.  
• Developing regulatory settings to enable investment and innovation in offshore renewable 
energy (such as offshore wind farms).  
 
2. Woody biomass is the major type of biomass used for energy in New Zealand . It is predominantly 
used for generating heat in industrial processes. In 2020, about 50PJ of New Zealand 's energy was 
produced from biomass in New Zealand . 
 
New Zealand 's wood processing and pulp and paper industries are the major users of biomass f or 
energy through utili zing woody residues from their production process. In recent years, more 
businesses and organi zations beyond these sectors, such as dairy processors, have converted from 
coal or gas to woody biomass for generating heat .  
 
The major t ypes of woody biomass are in the form of wood chips, pellets, briquettes or hog fuel. 
These are produced from residues or by -products of the forestry and wood processing sector .  
 
3. Existing initiatives such as the Government Investment in Decarbonising I ndustry fund are 
focused on end users of energy, not producers. The Emissions Reduction Plan's circular and 
bioeconomy chapter and forestry chapter contain work programmes that may develop actions to 
support producers of bioenergy.  
 
Questions  
 
4.2.1  Electr icity 
4.36.  In 2020,  New Zealand 's installed  power  generation  capacity  was 9,758  MW (almost  unchanged  
since 2015).  Hydropower  plants  account  for over half of the country's total capacity (Table 4.4). As 
in the case of total energy consumption, the  industrial  and residential sectors  are the main electricity  
consumers.  
 
Table  4.4 New Zealand 's installed  power  generation  capacity,".  Multi-fuelled  plants  that run partly  
on natural  gas are listed  under  "other".  
 WT/TPR/M/426/Add.1  
 
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  Questions:  
1. What are the initiatives and best practices of New Zealand , particularly with  regard to the 
development of biomass industries in attracting high value investments such as  adopting  the circular 
economy  concept?  
 
Response:  
As part of the Emissions Reduction Plan , the Government is commencing work on a circular and 
bioeconomy strategy. The strategy will develop principles for aligning regulatory systems and the 
business operating environment, supporting high -impact innovations to support deployment i n 
New Zealand .  
 
Within the first emissions budget period, the Government will start the work needed to deliver a 
circular economy and bioeconomy strategy. This will align with the Waste Strategy's vision and 
principles and will include the five areas:  
• moving to a more circular public sector;  
• innovation, skills and investment;  
• aligning regulatory systems and the business environment;  
• enabling Māori to shape and benefit from the transition to a circular economy and thriving 
bioeconomy; and  
• a bioeconomy fram ework to guide the use of New Zealand 's bioresources and maximise 
wellbeing.  
 
The Government's Emissions Reduction Plan is available here:  
https://environment.govt.nz/assets/publications/Aotearoa -New-Zealands -first-emissions -
reduction -plan.pdf . WT/TPR/M/426/Add.1  
 
- 112 - 
 
  MEXICO  
Questions  
 
Página 28  
2.9. En marzo de 2017, Nueva Zelandia puso en marcha el Programa de Comercio 2030 con el 
objetivo de actualizar su estrategia comercial y de fijar sus prioridades para los pr óximos 30 a ños. 
Este plan fue sustituido por el Programa Comercio para Todos, que se elabor ó a partir de un amplio 
proceso de consulta p ública llevado a cabo en 2018 y  del informe resultante de ese ejercicio. El 
Programa Comercio para Todos se puso en marcha en 2018 para responder a las preocupaciones de 
los ciudadanos en relaci ón con la participaci ón del pa ís en los ALC, y para garantizar que la pol ítica 
comercial redundara en beneficio de todos los neozelandeses. En el marco de esta iniciativa, de 
agosto a octubre de 2018 Nueva Zelandia mantuvo consultas p úblicas destinadas a recabar las 
opiniones de la poblaci ón sobre la forma en que deb ía enfocarse la pol ítica comercial, y estableci ó 
una Junta Consultiva del Programa Comercio para Todos encargada de elaborar un informe 
independiente con recomendaciones al Gobierno sobre el Programa Comercio para Todos. La Junta 
Consultiva se estableci ó en noviembre de 2018 y  su informe se public ó en noviembre de 2019. En 
las conclusiones y recomendaciones del informe se propone, entre otras cosas, lo siguiente: 
i) examinar las disposiciones vigentes sobre soluci ón de diferencias entre inversores y Estados en 
los ALC a medid a que se adopten nuevos acuerdos; ii) prestar mayor apoyo a la participaci ón de las 
peque ñas y medianas empresas (pymes) en el comercio internacional; y iii) promover la inclusi ón 
de disposiciones sobre medio ambiente, trabajo y g énero en los ALC. Las recomendaciones de la 
Junta Consultiva y los principios fundamentales aprobados por el Consejo de Ministros constituyen 
la base del Programa Comercio para Todos. (…) 
 
2.9. In March 2017, New Zealand  launched the Trade 2030 Agenda with the aim of updating i ts 
trade strategy and setting its priorities for the next 30 years. This plan was replaced by the Trade 
for All Programme, which was developed on the basis of an extensive public consultation process 
conducted in 2018 and the report resulting from that exe rcise. The Trade for All Programme was 
launched in 2018 to address citizens' concerns about the country's participation in FTAs, and to 
ensure that trade policy is in the best interests of all New Zealand ers. As part of this initiative, from 
August to Octo ber 2018 New Zealand  held public consultations to seek the views of the public on 
how trade policy should be approached, and established a Trade for All Advisory Board to produce 
an independent report with recommendations to the Government on the Trade for  All Agenda. The 
Advisory Board was established in November 2018 and its report was published in November 2019. 
The report's conclusions and recommendations propose, inter alia, the following: (i) to review 
existing investor -state dispute settlement provis ions in FTAs as new agreements are adopted; (ii)  to 
provide greater support for the participation of small and medium -sized enterprises (SMEs) in 
international trade; and (iii) to promote the inclusion of environmental, labour and gender provisions 
in FTAs . The recommendations of the Consultative Board and the key principles adopted by the 
Council of Ministers form the basis of the Trade for All Agenda. (...) 
 
Preguntas:  
1. Podría Nueva Zelandia explicar a grandes rasgos ¿Cómo se llevó a cabo la consulta p ública 
bajo la iniciativa del Programa Comercio para Todos?  
2. ¿Qué elementos considero la Junta Consultiva del Programa de Comercio para Todos para 
elaborar el informe con recomendaciones?  
 
Questions:  
1. Could New Zealand  outline how the public consultation under the Trade for All initiative was 
conducted?  
2. What elements did the Trade for All Advisory Board consider in preparing the report with 
recommendations?  
 
Response:  
1. We consulted with New Zealand ers on how our country should approach trade.  
 
The Trade for All public consultation ran from 6 August to 14 October 2018. New Zealand ers were 
able to share their thoughts through a dedicated 'Have your Say' website, including by responding 
to multi -choice questions as well as more detailed comments and submissions. There was also face -
to-face engagement around New Zealand  through 15 meetings for the public and 11 hui (meetings) 
focusing on Māori (Māori are the indigenous people of New Zealand ).  WT/TPR/M/426/Add.1  
 
- 113 - 
 
  A summary of public f eedback is available at https://www.mfat.govt.nz/en/trade/nz -trade -
policy/trade -for-all-agenda/ .  
The Government's response is available at https://www.mfat.govt.nz/assets/OIA/PR -2020-120-
Cabinet -paper -for-proactive -release.pdf   
 
2. The terms of reference of Trade for All Advisory Board are contained in Appendix Two of  its 
report – available at https://www.mfat.govt.nz/en/trade/nz -trade-policy/trade -for-all-agenda/ .  
 
Questions  
 
Página 50  
3.32. A los efectos de este examen, sobre la base de la transposición conforme al SA 2017 hecha 
por la Secretaría de la OMC, parece que en 2021 en dos líneas arancelarias los derechos NMF eran 
superiores a los tipos consolidados (cuadro 3.4).  
3.32. For the purpose of this review, based on the SA 2017  transposition by the WTO Secretariat, it 
appears that in 2021 on two tariff lines MFN duties were higher than bound rates (Table 3.4).  
 
Pregunta:   
¿Podría Nueva Zelandia confirmar si en efecto, son mayores los derechos NMF aplicados que los 
conso lidados para las 2 fracciones arancelarias 84797100 y 84797900; y en su caso compartir más 
información sobre los motivos de este excedente?  
Question:   
Could New Zealand  confirm whether applied MFN duties are indeed higher than bound rates for 
the 2 tariff items 84797100 and 84797900; and if so, please share more information on the reasons 
for this excess?  
 
Response:  
These tariff lines were created in 2012 when 8479.89.00 (Other/other) was split to accommodate 
two new subheadings for boarding bridges (.71 and .79). This was when over 190 ITA expansion 
items were included. These two lines could fall into either '0' or 2 5% Bound rates. Due to the limited 
coverage and small amount of trade, the rates were adjusted to '0' bound rate, while the applied 
rate incorrectly remained at 5%. NZ is committed to ensuring consistency with bound rates. We are 
working on correcting thes e applied MFN rates, with likely implementation by the end of 2022.  
 
Questions  
 
Página 55  
3.57. De conformidad con el Acuerdo sobre el Estrechamiento de la Asociación Económica entre 
Nueva Zelandia y Singapur, Nueva Zelandia y Singapur pueden adoptar medid as antidumping y 
compensatorias recíprocas. Sin embargo, en el caso de las medidas antidumping, el acuerdo prevé 
un margen de minimis de dumping más alto y un umbral más alto de "importaciones insignificantes". 
Además, los derechos antidumping y los derechos compensatorios caducan al cabo de tres años, en 
lugar de los cinco previstos en las normas de la OMC, a menos que sean objeto de ex amen.  
3.57. Under the New Zealand -Singapore Closer Economic Partnership Agreement, New Zealand  and 
Singapore may adopt reciprocal anti -dumping and countervailing measures. However, in the case of 
anti-dumping measures, the agreement provides for a higher margin of de minimis dumping and a 
higher threshold of "negligible imports". In addition, anti -dumping and countervailing duties expire 
after three years, instead of the five years provided for in WTO rules, unless they are subject to 
review.  
 
Preguntas:  
1. ¿Podría Nueva Zelandia aclarar a qué se refiere con medidas "recíprocas"? Es decir, ¿si una 
de las partes adopta medidas, la otra parte puede aplicar medidas equivalentes o se refiere 
solamente a que ambas Partes pueden aplicar este tipo de medidas a la otra parte? En caso de que 
la primera opción sea la correcta, ¿qué estándares técnicos se aplicarían para poder determinar la 
existencia de dumping, daño y relación causal?  
2. Podría Nueva Zelandia indicar si, en caso de prorrogarse una medida, se prorroga  igualmente 
por tres años más o se prevé otro plazo?  WT/TPR/M/426/Add.1  
 
- 114 - 
 
  Questions:  
1. Could New Zealand  clarify what it means by "reciprocal" measures? That is, if one party takes 
measures, can the other party apply equivalent measures, or does it only mean that both parties  
can apply such measures to the other party? If the first option is correct, what technical standards 
would be applied in order to determine dumping, injury and causation?  
2. Could New Zealand  indicate whether, if a measure is extended, it is also extended  for a further 
three years or is another time limit envisaged?  
 
Response:  
1. We note there has been a discrepancy in the translation of the WTO Secretariat report into 
Spanish. The New Zealand -Singapore Closer Economic Partnership Agreement doesn't include  the 
word "reciprocal". The English version of the WTO Secretariat Report is correct where is stated under 
the Agreement New Zealand  and Singapore "may take anti -dumping and countervailing action 
against each other ". It appears during translation "against each other" has been translated into 
"reciprocal". We welcome Mexico reconsidering this question based on the correct translation and 
stand ready to respond.  
 
2. Yes, the 3 -year imposition of duties for goods of Singapore origin also e xtends to reviews of 
those duties. Therefore if a measure is extended on Singapore goods as a result of a review of those 
measures, it is extended for a further three years.  
 
Questions  
 
Páginas 56 y 57  
3.65. La Ley de 2014, entre otras cosas, autoriza al Ministro de Comercio y Asuntos del Consumidor 
a imponer por separado derechos de salvaguardia provisionales y definitivos a fin de permitir la 
rápida adopción de medidas de salvaguardia, establece criterios para determinar si la imposición de 
una medida de  salvaguardia está en conformidad con el interés público, prorroga de 30 a 75 días 
hábiles el plazo para concluir una investigación de salvaguardia, y permite el reembolso de los 
derechos de salvaguardia si se constata en la investigación que las medidas n o eran necesarias.  
3.65. The 2014 Act, among other things, authorises the Minister of Commerce and Consumer Affairs 
to impose separate provisional and definitive safeguard duties in order to allow for the expeditious 
adoption of safeguard measures, establishes criteria for determining whether the imposition of a 
safeguard measure is in accordance with the public interest, extends from 30 to 75 working days 
the deadline for concluding a safeguard investigation, and allows for the refund of s afeguard duties 
if it is found in the investigation that the measures were not necessary.  
 
Preguntas:  
1. ¿Podría Nueva Zelandia explicar en qué consiste la imposición por separado de derechos 
provisionales y definitivos que permitan una adopción rápida de medidas? ¿Se trata de mecanismos 
distintos a los que normalmente se adoptan como resultado de una investigación sobre 
salvaguardias?  
2. ¿Podría Nueva Zelandia indicar si los criterios para determinar el interés público a que hace 
referencia su legislación  sobre salvaguardias, contiene los mismos parámetros que la Ley de 
Derechos Antidumping y Derechos Compensatorios, referida en el párrafo 3.54, o por el contrario, 
existe una metodología diferente? En caso de que la evaluación sea distinta, ¿podría indicar  cuáles 
son las directrices para su determinación?  
 
Questions:  
1. Could New Zealand  explain what is involved in the separate imposition of provisional and 
definitive duties to allow for the expeditious adoption of measures, and are these mechanisms 
different from those normally adopted as a result of a safeguard investigation?  
2. Could New Zealand  indicate whether the criteria for determining the public interest referred 
to in its safeguards legislation contain the same parameters as the Anti -Dumping and Countervailing 
Duties Act, referred to in paragraph 3.54, or is there a different me thodology? If the assessment is 
different, what are the guidelines for its determination?  
 
Response:  
1. Under the Trade (Safeguard Measures) Act 2014 (Safeguard Act), provisional  safeguard 
measures can be imposed at any time after a safeguard investigation  has been initiated, but only if 
certain conditions are met.  
 WT/TPR/M/426/Add.1  
 
- 115 - 
 
  Section 14(1) of the Safeguard Act specifies these conditions, which are that a delay in imposing a 
safeguard measure would cause damage that would be difficult to repair; and if increased impo rts 
are causing serious injury or a threat of serious injury. The duration of provisional safeguard 
measures is governed by Section 15 of the Safeguard Act. Section 15(2)(b) ensures that provisional 
measures can only be imposed until the date of the commen cement of definitive 
safeguard  measures.  
 
Likewise, definitive  safeguard measures can only be imposed if certain conditions are met. 
Section  19(1) of the Safeguard Act specifies these conditions, including that increased imports have 
caused serious injury or threat of serious injury; the increased imports were due to unforeseen 
developments; the safeguard measure is necessary to prevent or remedy serious injury and to 
facilitate adjustment by the New Zealand  industry to increased competition from the increa sed 
imports; and that the safeguard measure is in the public interest.  
 
The conditions for the imposition of both provisional and definitive safeguard measures under the 
Safeguard Act mirror the conditions and obligations specified in the WTO Agreement on  Safeguards 
and Article 19 of the General Agreement on Tariffs and Trade 1994.  
 
2. The criteria for determining the public interest in the Trade ( Anti-dumping and 
Countervailing  Duties ) Act 1988 (the Act) are specified in section 10F of the Act.  
 
The matt ers for considering the public interest in a safeguard  investigation are specified in 
Section  13(e) of the Trade (Safeguard Measures) Act 2014 (Safeguard Act).  
 
There are differences in the factors considered under each regime, which have been developed on  
the basis of the rationale for imposing each form of trade remedy, and on the basis of the 
international rules which govern the way dumping, subsidy and safeguard investigations are 
conducted.  
 
It should be noted that the public interest test undertaken i n dumping and subsidy  investigations is 
a bounded public interest test which addresses the effect of the imposition of a duty on specified 
parties and on the basis of an investigation of specified matters. The broader matters covered by 
the consideration o f the public interest in a safeguard  investigation include:  
 
• The likely effectiveness of a safeguard measure in assisting the domestic industry  
• The alternatives to a safeguard measure  
• The likely effect of a safeguard measure on the market (including on consumers)  
• New Zealand 's international relations and trade goals  
• The strategic importance of the industry  
 
Questions  
 
Página 93  
3.191. La actividad en materia de patentes disminuyó en Nueva Zelandia durante el período objeto 
de examen. En tre 2014 y 2020, el número de solicitudes anuales se redujo un 25% y el de patentes 
concedidas anualmente disminuyó un 61%. Durante el mismo período, los no residentes 
constituyeron una proporción creciente de solicitantes y beneficiarios, del 94% y el 96% , 
respectivamente, en 2020 (cuadro A3.3). En un estudio encargado por la IPONZ se vinculan esas 
tendencias al endurecimiento de los requisitos de patentabilidad de la Ley de Patentes de 2013, que 
ha dado lugar a demoras en los exámenes. En el estudio se pl antea la hipótesis de que los solicitantes 
extranjeros que presentan solicitudes en Nueva Zelandia suelen ser entidades sofisticadas que tratan 
de obtener una protección estratégica en todo el mundo, ya que por lo general las presentan en más 
de 11 jurisdi cciones (el 96% también en Australia). El mayor número de solicitudes extranjeras 
proceden de los Estados Unidos, Australia, Europa y el Reino Unido.  
 
3.191. Patenting activity declined in New Zealand  during the period under review. Between 2014 
and 2020,  the number of annual applications fell by 25 % and the number of patents granted annually 
fell by 61 %. Over the same period, non -residents made up an increasing proportion of applicants 
and grantees, 94% and 96%, respectively, in 2020 (table A3.3). A study  commissioned by IPONZ 
links these trends to the tightening of patentability requirements in the 2013 Patents Act, which has 
led to delays in examination. The study hypothesises that foreign applicants filing in New Zealand  
tend to be sophisticated entitie s seeking strategic protection around the world, typically filing in WT/TPR/M/426/Add.1  
 
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  more than 11 jurisdictions (96% also in Australia). The largest number of foreign filings come from 
the United States, Australia, Europe and the United Kingdom.  
 
Pregunta:   
¿Se ha conside rado modificar la Ley de Patentes de 2013, a fin de facilitar y facilitar los requisitos 
de patentabilidad?  
 
Question:   
Has any consideration been given to amending the Patents Act 2013, in order to facilitate and ease 
patentability requirements?  
 
Response : 
No consideration has been given to amending the Patents Act 2013 to ease patentability 
requirements. The patentability requirements in the Patents Act were strengthened compared with 
the Act it replaced (the Patents Act 1953). It was considered that there are no benefits - rather there 
would be a net cost - to the New Zealand  economy in having patentability standards that were lower 
than in other developed countries.  
 
Questions  
 
Página 99  
3.217. En Nueva Zelandia puede darse la exportaci ón de productos fa lsificados en igual medida que 
en otras econom ías desarrolladas comparables, y el pa ís ocup ó el cuarto puesto en el índice mundial 
sobre comercio il ícito que elabora The Economist . Los titulares de derechos de propiedad intelectual 
perjudicados pueden  presentar reclamaciones al Servicio de Aduanas de Nueva Zelandia en virtud 
de la Ley de Marcas de F ábrica o de Comercio de 2002 y la Ley de Derecho de Autor de 1994 y pedir 
al Servicio de Aduanas de Nueva Zelandia que intercepte copias pirata y mercanc ías falsificadas.  
 
3.217. The export of counterfeit goods can occur in New Zealand  to the same extent as in 
comparable developed economies, and the country ranked fourth in The Economist's global illicit 
trade index. Injured intellectual property rights holders can lodge claims with the New Zealand  
Customs Service under the Trade Marks Act 2002 and the Copyright Act 1994 and ask the 
New Zealand  Customs Service to intercept pirated copies and counterfeit goods.  
 
Preguntas:  
1. ¿Qué medidas se han tomado para evitar la exportación de productos falsificados?  
2. ¿Qué tipo de productos falsificados son los que más se exportan y a qué mercados?  
 
Questions:  
1. What measures have been taken to prevent the export of counterfeit goods?  
2. What types of counterfeit goods are most commonly exported and to which markets?  
 
Response:  
1. New Zealand  Customs Service (Customs) targeting of risk in regard to export of commercial 
goods is largely based on entity -specific information and is managed through engagement with the 
exporter to ensure goods compliance before the goods are committed t o the export supply chain.  
 
Customs maintains a dedicated resource for compliance audit activity across multiple areas of 
responsibility including Intellectual Property Rights. Intervention is considered based on specific and 
credible intelligence includin g receipt of industry complaints over non -compliant behaviour. This type 
of intervention will range from post -entry document audit through to physical inspection, dependant 
on the nature of the suspected breach.  
 
In respect of fast freight and low value ex ports, Customs undertakes periodic screening for risk in 
the mail stream usually focussed on cash, drugs and high value goods indicating money laundering, 
and for Intellectual Property based on specific intelligence – but this is not routine.  
 
All goods ex ported by air / sea freight (with the exception of mail) are subject to electronic manifest 
screening to identify entity -specific risk on export, with Customs placing a hold on export of goods 
if risk intervention is identified.  
 WT/TPR/M/426/Add.1  
 
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  2. Customs manages Intelle ctual Property Rights notifications from a wide range of industries, 
ranging from physical goods to trademarked designs. There is however no identifiable pattern of 
trademark infringements or countries these maybe exported to as there are no recent example s of 
infringing goods being exported intercepted at the border in New Zealand .  
 WT/TPR/M/426/Add.1  
 
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  OMAN  
Questions  
 
Trade Policy Formulation and Objectives  
The secretariat report states in Para 5 that New Zealand  developed its new trade strategy, the Trade 
for All Agenda, based on a wide public consultation process that took place in 2018;  
In addition, New Zealand  adopted in June 2020 the Trade Recovery Strategy, which included: 
(i) broadening the support for exp orters  … etc.  
 
Question (1):  
Could the Government of New Zealand  elaborate more details on those strategies focusing on the 
consultation process and the support of exporters?  
 
Response:  
For Trade for All we consulted with New Zealand ers on how our country should approach trade.  
 
The Trade for All public consultation ra n from 6 August to 14 October 2018. New Zealand ers were 
able to share their thoughts through a dedicated 'Have your Say' website, including by responding 
to multi -choice questions as well as more detailed comments and submissions. There was also face -
to-face engagement around New Zealand  through 15 meetings for the public and 11 hui (meetings) 
focusing on Māori (Māori are the indigenous people of New Zealand ).  
 
A summary of public feedback is available at https://www.mfat.govt.nz/en/trade/nz -trade -
policy/trade -for-all-agenda/ .  
 
The Government's response is avaliabe at https://www.mfat.govt.nz/assets/OIA/PR -2020-120-
Cabinet -paper -for-proactive -release.pdf  
 
The government has also engaged closely with businesses under the Trade Recovery Strategy since 
June 2020, to understand and respond to the challenges they faced as a  result of the COVID -19 
pandemic and associated disruption .  
 
A range of agencies jointly conducted 'roadshow' events with exporters, seeking to understand the 
challenges they were facing and raise awareness of assistance available across government, rangi ng 
from export credit, to customs, biosecurity/SPS documentation, addressing non -tariff barriers, and 
various New Zealand  Trade and Enterprise programmes.  
 
New Zealand  Trade and Enterprise (NZTE) employed more in -market business development 
managers and in creased the number of exporters receiving intensive support in building capability 
and connecting with overseas markets . NZTE has further increased its delivery of practical digital 
services and tools, to support businesses unable themselves to travel to m arkets . The Government's 
offshore network has stepped up its publication of market intelligence reports to help exporters stay 
informed of market developments .  
 
In addition, among other channels, businesses are able to seek assistance for issues they enco unter 
directly through an online Trade Barriers Exporter Helpdesk: www.tradebarriers.govt.nz/ .  
 
Questions  
 
3.2.4 Export support and promotion  
The secretariat report states that in Para 3.75 . Under the Goods and Services Tax Act 1985 and the 
Customs and Excise Act 2018 Exporters can claim a refund of duties for: (iii) imported parts used 
for goods manufactured in New Zealand  and subsequently exported; and (iv) imported materials, 
except fuel or  plant equipment, used in the manufacture of goods in New Zealand  and exported.  
 
Question (2):  
Are all exporters getting duty refunds? Are these specific subsidies as defined in Article 2 of the 
Agreement on Subsidies and Countervailing Measures (ASCM)?  
 WT/TPR/M/426/Add.1  
 
- 119 - 
 
  Response:  
Any exporter who exports manufactured goods using imported components may claim duty 
drawback of the imported components used, provided they meet conditions stipulated by Customs. 
See https://www.customs.govt.nz/business/import/import -payments -and-refunds/refunds -and-
drawbacks/  for further information.  
 
New Zealand 's drawback scheme is consistent with the conditions set out in the Agreeme nt on 
Subsidies and Countervailing Measures (ASCM) including Annex I, II and II, and ensures that the 
drawback amount does not exceed the amount levied on imported products that are consumed in 
the production of the exported product. On this basis the draw back scheme is not a subsidy and the 
issue of specificity does not arise.  
 
Questions  
4.1.5 Fisheries  
The secretariat report states in para 4.24 that Several support programs established in 
New Zealand 's agricultural sector also translate into fisheries, m ainly with respect to sustainable 
resources management.  
 
Question (3):  
How much support, specific or non -specific, is provided to the fisheries sector under such programs?  
 
Response:  
The fisheries sector in New Zealand , like any other sector, has access to New Zealand 's contestable 
funds such as the Sustainable Food and Fibre Futures (SFFF) programme which replaced the Primary 
Growth Partnership (PGP). Both programmes provide funding for multiple sectors outside of pure ly 
fisheries as per our notification G/SCM/N/372/NZL.  The PGP funding programme has been closed to 
new applications, and the final year for contract payments will be 2026 . Funding applications are 
assessed to ensure consistency with international obligatio ns and trade policies.  
 
Questions  
 
Report by the Country (WT/TPR/G/426)  
 
The country report states in para 2.9 that New Zealand  became the first country in the world to pass 
legislation requiring all listed companies and large financial institutions to report on their climate 
related risks  
 
Question (4)  
Could the Government of New Zealand  share its experience on this issue?  
 
Response:  
The Financial Sector (Climate -related Disclosures and Other Matters) Amendment Act 2021 ( Act) 
requires approximately 200 large financial markets institutions (the reporting entities ) to prepare 
climate statements in accordance with standards issued b y New Zealand 's External Reporting Board 
(XRB). The reporting entities include large banks, insurers, non -bank deposit takers, listed issuers 
and managers of investment schemes . The introduction of the Act is based on the premise that 
financial markets wil l help contribute to the economic transformation that is needed to shift 
investment away from emission -intensive activities towards those that are more resilient and 
produce lower emissions.  
 
The XRB is still consulting on the content of the standards wit h the expectation that the first climate 
standards will be issued in December 2022 . However, the XRB  intends to require reporting consistent 
with the recommendations issued by the Taskforce on Climate -related Financial Disclosures ( TCFD ) 
in 2017 which are international best practice .  
 
The TCFD recommended 11 sets of disclosures under four headings: governance, strategy, risk 
management, and metrics and targets.  
 
In terms of New Zealand 's experience in introducing legislation requiring reporting entitie s to 
prepare and disclosure annual climate statements, we can share the following high -level comments:  
 WT/TPR/M/426/Add.1  
 
- 120 - 
 
  - In the design phase of the legislation, it is important to carefully assess the most appropriate 
group of entities to make climate -related disclosures ; 
- Disclosing in line with TCFD will require significantly differentiated amounts of work depending 
on businesses' climate analysis maturity, size, and industry;  
- Implementation timing needs to be considered, i.e., it is important to weigh up the need fo r 
quick implementation to meet the climate crisis against the needs of businesses to have 
sufficient time to adjust;  
- We would recommend engaging early and often with industry;  
- Implementation support will likely be necessary. The New Zealand  Government' s primary 
support has been through improved access to climate data and the development of climate 
scenarios;  
- We recommend continued engagement with international developments (e.g., work of the 
International Sustainability Standards Board, etc.) . 
 
We are  happy to have discussions with interested parties about the implementation of a climate -
related disclosure regime in New Zealand .  
 WT/TPR/M/426/Add.1  
 
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  PHILIPPINES  
Secretariat Report  
 
Questions  
 
Para 1.23 (Pages 17 to 18)  
The authorities emphasize that maintaining adequate flexibility is particularly important to 
address  downside risks as shown by the emergence of the Delta and Omicron variants that will most 
likely result in a decline in the structural fiscal balance in 2021/22. The unall ocated portion of the 
COVID -19 Response and Recovery Fund (around NZD 4.3 billion) could play a central role in 
mitigating economic effects of any further pandemic -related shocks. At the same time, 
New Zealand 's rapidly ageing population poses a challenge to fiscal sustainability although less so 
than in other developed countries.  
 
Question:  
1. The IMF Country Report 2022 indicated that New Zealand 's strong public health policies has 
been effective in containing infection waves in 2020 and 2021. New Zealand  has likewise achieved 
a very high vaccination rate which prompted the country's transition towards risk -based mitigation 
and pursue an endemic approach to the virus. What are the substantial shifts/changes in 
New Zealand 's COVID -19 response strategy after  it has experienced two surges in cases from the 
emergence of Delta and Omicron variants?  
 
Response:  
Prior to August 2021, New Zealand  had successfully pursued an elimination strategy in response to 
COVID -19. A combination of border restrictions and domes tic public health measures were able to 
limit the number of cases reaching the community across the border and contain those outbreaks 
when they occurred.  
 
New Zealand  evolved our strate gy in response to Delta, and then Omicron. From 2 December 2021, 
New Zealand  moved to a 'manage and protect' strategy in the form of the COVID -19 
Protection  Framework. The Framework applies limited public health restrictions to slow the spread 
of COVID -19 and ensure pressure on the health system and other essential services remains 
manageable. It is designed to be adaptable to ensure it remains effective and proportionate response 
to COVID -19. The Framework builds on the protection most New Zealand ers now have from our high 
levels of vaccination, and protects people who are a t greatest risk of experiencing significant harm 
should they catch COVID -19 (including people who are immune -compromised, or who have 
underlying health conditions).  
 
A summary of the current Framework can be found at:  
https://covid19.govt.nz/assets/COVID -19-Protection -Framework/COVID -19-Protection -
Framework -traffic -lights -table.pdf  
 
New Zealand  is currently operating under the 'Orange' setting:  
• The Framework requires facemasks to be worn in many indoor settings .  
• Rapid antigen tests are provided free of charge to people who are symptomatic or who are 
household contacts of a case.  
• Cases and their household contacts are required to self -isolate at home for seven days .  
• Vaccinations are provided free of charge.  
 
New Zealand  has taken a staged approach to the opening of our borders, with all categories of 
eligible travellers able to enter by 31 July. Arrival s are required to self -administer rapid antigen tests 
on day 0 and day 5/6 after entering New Zealand  and are required to self -isolate (under the domestic 
provisions) if they test positive. More information at:  
https://covid19.govt.nz/international -travel/travel -to-new-zealand/when -new-zealand -borders -
open/   
 
The COVID -19 Response and Recovery Fund  
The COVID -19 Response and Recovery Fund (CRRF) has provided a stable source of funding to invest 
in crucial response functions and targeted supports to manage the impacts of COVID -19. In 
Budget  2022, announced on 19 May 2022, the Government confirmed that the final size of the CRRF WT/TPR/M/426/Add.1  
 
- 122 - 
 
  is NZD 61.6 b illion, of which NZD 58.4 billion has been allocated to response and recovery initiatives, 
leaving a remaining balance of NZD 3.2 billion in April 2022.  
 
The COVID -19 response will now become part of standard public service delivery, and future  
COVID -related costs will be addressed within the standard Budget process. The remaining CRRF 
funding has been allocated to the most pressing issues facing New Zealand ers: 
• NZD 1.2 billion set aside for any immediate COVID -related public health needs that cannot 
wait until the next Budget cycle;  
• NZD 1 billion to offset investments funded from the Budget 2022 operating allowance; and  
• NZD 1 billion for a package of measures to support low - to middle -income New Zealand ers to 
manage the rising cost of living.  
 
Full details on Budget 2022 can be found at:  
https://budget.govt.nz/  
 
This COVID -19 funding is covered on pages 15 -17 of the Budget document:  
https://budget.govt.nz/budget/pdfs/wellbeing -budget/b22 -wellbeing -budget.pdf   
 
Questions  
 
Para 1.31 (Page 19)  
Merchandise exports also continue to be highly concentrated geographically. In 2021, 71.1% of total 
exports were shipped to Asia, co mpared with 62.9% in 2015. China continues to be New Zealand 's 
largest export market, taking 31.7% of total exports in 2021 (up from 17.6% in 2015), followed by 
Australia with 12.4%, and the United States with 10.6%. Other important export destinations 
in 2021 were Japan (5.7%), the EU -27 (5.1%), and other economies in Asia, such as the 
Republic  of Korea, Chinese Taipei, and Hong Kong, China.  
 
Questions:  
1. How does the current and the biggest lockdown so far in China affect New Zealand 's export 
performance? If the strict lockdown in China remains for a longer term, what are the safety nets 
that could safeguard New Zealand 's economy from exposure to trade and current account risks?  
2. What are the policy reforms in place to expand New Zealand 's market access to other countries 
and lessen its vulnerability to the slowdown in Chinese demand?  
 
Response:  
New Zealand  continues to monitor the current COVID -19 situation in China, including for potential 
trade impacts. We are aware that some New Zealand  businesses are experiencing supply chain 
impacts as a result of the situation, particularly in Shanghai where lockdown measures have been 
introduced in order t o curb the spread of the virus. As we have seen across the globe, it is possible 
these conditions may become more challenging as the situation evolves and whether further 
measures are introduced to control the spread of the virus.  
 
Given distance from maj or global centres of economic activity, New Zealand  has been particularly 
affected by disruptions in global freight and shipping in many parts of the world due to C OVID -19 
measures. At the same time, we have seen businesses respond by adapting and adjustin g to the 
new but more challenging business environment .  
 
COVID -19 has demonstrated that a range of issues can disrupt trade, demand and supply chains, 
and that businesses need to structure themselves to be able to cope with this as best they can, 
includin g by spreading risk across diverse portfolios of suppliers and customers where possible. 
Ultimately, commercial decisions to export to any particular market rest with businesses themselves. 
Government encourages businesses to regularly consider the risks o f over -reliance on any one 
product or market. The Government's trade recovery strategy seeks to give business options, 
including access to a range of markets through a network of FTAs.  
 
Questions  
 
Para 2.10 (Page 26)  
In June 2020, New Zealand  also put in place the Trade Recovery Strategy to help businesses to 
overcome the economic disruptions resulting from the COVID -19 pandemic. The Strategy has 
three  pillars: (i) broadening the support for exporters; (ii) reinvigorating international trade WT/TPR/M/426/Add.1  
 
- 123 - 
 
  architecture b y working towards strengthening and reforming the WTO, and pursuing bilateral and 
plurilateral trade agreements; and (iii) refreshing key trade relationships to expand market 
opportunities and achieve further trade diversification. The Trade Recovery Strat egy further seeks 
to build New Zealand 's economic resilience against future disruptions.  
 
Questions:  
1. What is New Zealand 's overarching strategy in determining which countries to engage in trade 
negotiations? What are the countries or regions that New Zealand  targets to have preferential trade 
agreements in the next five to ten years?  
 
Response:  
New Zealand  does not have a formal strategy, per se, for determining which countries to engage in 
future trade negotiations. However, discussions continue domestically about possible future trade 
negotiating partners. For example, major exporters launched a report la st year aiming to identify a 
list of possible partners. Officials continue to consider the question. Considerations include that 
New Zealand  already has a relatively high proportion of its goods and services trade covered by its 
existing network of FTAs. W e are working towards a successful conclusion of the FTA negotiations 
with the EU. Taking into consideration the already concluded FTA with the UK, this will rise to 76.1% 
of total trade. Beyond the GCC, which covers a further 2.9% of New Zealand 's total t rade, and 
the US, which covers 11.4% of New Zealand 's trade, remaining potential partners individually cover 
relatively small shares of New Zealand 's trade, whereas the resources required to conclude an 
agreement remain substantial.  
 
New Zealand  continues  to prioritise effort to upgrade its existing FTAs to ensure they remain high 
quality and fit for purpose, for example the current ASEAN -Australia -New Zealand  FTA Upgrade 
negotiations, which are scheduled to be concluded in September this year. New Zealand  is also 
investing significant resources in supporting expansion of existing FTAs, such as the current request 
from the UK to accede to CPTPP .  
 
New Zealand  is also investing in negotiations that build towards multilateral outcomes through "open 
plurilateralism".  In other words, charting a path forward on tricky issues by working with a small 
group of similarly ambitious partners and providing for accession b y other WTO Members which can 
meet the agreed obligations.  
 
An example of this is the 'Agreement on Climate Change, Trade and Sustainability' (ACCTS) 
initiative, being negotiated by five countries .1 The ACCTS encompasses four key pillars, which are 
at the nexus of trade, environment and sustainable development policy.  
 
Another example developed by New Zealand , along with Chile and Singapore, is the Digital Economy 
Partnership Agreement or DEPA, which has developed a digital trade model that seeks to buil d new 
approaches towards a range of traditional and emerging digital economy issues .  
 
Questions  
 
Paragraph 2.11 (Page 27)  
Some of the actions taken by the Government to support exporters under this strategy include 
expanding the offering of advisory and m arket intelligence services and the number of beneficiaries 
through its international business development agency – New Zealand  Trade and Enterprise (NZTE). 
To support the implementation of this first pillar, the MFAT also established a Trade Recovery Unit  
dedicated to, inter alia, resolving the trade barriers faced by businesses, ensuring the good 
functioning of supply chains, and addressing any disruptions to trade resulting from the COVID -19 
pandemic.  
 
Question:  
1. What are the specific support initiativ es for exporters being implemented/undertaken by the 
Trade Recovery Unit?  
 
Response:  
The Trade Recovery Unit (TRU) works closely across the Ministry of Foreign Affairs and Trade and 
other government agencies to help provide support to exporters. This inclu des co -ordination of the 
 
1 Costa Rica, Fiji, Iceland, New Zealand , Norway and Switzerland.  WT/TPR/M/426/Add.1  
 
- 124 - 
 
  Trade Recovery Strategy inter -agency group, led jointly with New Zealand  Trade and Enterprise 
(NZTE), and involving nine other government agencies .2 The Trade Recovery Strategy (TRS) includes 
a number of initiatives and work streams across these agencies.  
 
Work streams led by TRU and the Economic Division it sits within include:  
 
• Developing processes and tools for more effectively identifying, track ing and resolving non -
tariff barriers to trade. This includes an online 'trade barriers portal' businesses can use to 
make enquiries and seek assistance;  
• Increasing accessibility to MFAT's diplomatic reporting by publishing over 200 offshore market 
intelligence reports . These provide insights on COVID -19 and market/sector developments in 
a range of countries where New Zealand  has a diplomatic presence;  
• Monitoring and reporting on global supply chain developments and disruptions; and working 
directly wit h some companies and government agencies to resolve discrete supply chain 
blockages posing risk to delivery of essential goods and services (e.g. healthcare); and  
• International engagement and cross -government efforts to build longer -term resilience in 
New Zealand 's supply chains.  
 
Questions  
 
Para 2.27 (Page 31)  
New Zealand  is party to the CPTPP, together with 10 other countries – Australia, Brunei Darussalam, 
Canada , Chile, Japan, Malaysia, Mexico, Peru, Singapore, and Viet Nam. The CPTPP was signed in 
March 2018 and entered into force in December 2018 for those that had ratified it, namely 
New Zealand , Australia, Canada, Japan, Mexico, and Singapore. Since then, the  Agreement has 
come into force also for Viet Nam (January 2019) and Peru (September 2021), leaving the entry 
into force pending only for Brunei Darussalam, Chile, and Malaysia. Similar to the case for other 
CPTPP parties, the CPTPP overlaps with some of New Zealand 's existing FTAs – those with Australia, 
Brunei Darussalam, Chile, Malaysia, Singapore, and Viet Nam.  
 
Questions:  
1. More than three years into the agreement, how has the CPTPP affected New Zealand 's trade? 
How does New Zealand  intend to use the CPTPP as blueprint for future trade agreements?  
 
Response:  
CPTPP provides significant benefits for New Zealand  goods exporters  across all sectors of the 
New Zealand  economy, with tariff savings estimated at an annual NZD 95 million per annum at entry 
into force, growing to NZD 135 million per annum in 2022, and NZD 222 million per annum once 
fully implemented. In addition, New Zealand  imports from CPTPP countries are now mostly duty 
free, and will phase out entirely by 2024, delivering benefits for consumers. CPTPP also helped 
address non -tariff barriers to trade in goods by reducing the time exporters spend waiting for goods 
to clear customs , customs, lowering compliance costs, and increasing predictability around other 
countries' processes, support the growing services and digital sectors, and provide greater 
opportunities to bid for government procurement contracts in CPTPP mark ets.  
 
The significant impacts of the COVID pandemic complicate any assessment of the impacts of CPTPP 
on New Zealand  trade, given it entered into force just one year before the pandemic. New Zealand  
goods exports to those CPTPP members with which New Zealand did not previously a free trade 
agreement – i.e. Canada, Japan, Mexico, and Peru, which ratified CPTPP in 2021 – increased by  1.5% 
by the end of 2021.  
 
CPTPP is a high standard, comprehensive and plurilateral agreement which serves as a platform to 
support the integration of New Zealand  business into regional supply chains and provide greater 
certainty to traders and investors in CPTPP markets. CPTPP also provides a pathway to wider regional 
economic integration, including through its accession protocol . 
 
New Zealand  sees CPTPP's high standards, including commitments on safeguarding labour and 
environmental standards and preserving the right to regulate, as important elements of future trade 
 
2 These are: Ministry of Business, Innovation and Employment; Ministry of Primary Industries; 
Ministry  of Transport; Te Puni K ōkiri / Ministry of Māori Develop ment; Treasury; Customs; Ministry of 
Education; Education New Zealand ; Tourism New Zealand.  WT/TPR/M/426/Add.1  
 
- 125 - 
 
  agreements. This also applies to what were novel aspects of CPTPP, including a dedicated Small and 
Medium -Sized Enterprises chapter, a Competitiveness and Business Facilitation chapter, and 
Transparency and Anti -corruption provisions.   
 
Questions  
 
Para 2.40 (Page 34)  
In June 2020, New Zealand , Singapore and Chile signed the Digital  Economy Partnership Agreement 
(DEPA), which covers various aspects of digital trade such as technology and trade facilitation, digital 
products, data protection, digital identities, artificial intelligence, and participation of small 
and medium enterprise s. The Parties expect that DEPA will complement the WTO negotiations on e -
commerce and continue to evolve. The DEPA entered into force on 7 January 2021 for New Zealand  
and Singapore and on 23 November 2021 for Chile.  
 
Questions:  
1. What are the key commitments under New Zealand 's DEPAs? How do these commitments 
differ from the commitments or disciplines under the E -commerce chapters of New Zealand 's existing 
FTAs?  
 
Response:  
The DEPA is designed to cover all aspects of trade in the d igital economy. Its commitments cover 
not only traditional digital issues (e.g. data rules and paperless trading), but also enhanced trade 
facilitation (e.g. express shipments and electronic invoicing), building trust (e.g. online safety, 
consumer protecti on) and cooperation on emerging issues (e.g. digital identities, artificial 
intelligence). The agreement also contains modules on Digital Inclusion and SME Cooperation. 
In this way, the DEPA is more ambitious and comprehensive than the traditional subject matter of 
e-commerce chapters in free trade agreements.  
 
More information on DEPA can be found at: https://w ww.mfat.govt.nz/en/trade/free -trade -
agreements/free -trade -agreements -in-force/digital -economy -partnership -agreement -depa/  
 
Questions  
 
Box 2.1 (Pages 35 to 36)  
In 2017, New Zealand  launched a broad set of reforms to simplify its foreign investment regime and 
enhance the coverage of high -risk transactions . These reforms were adopted through the Overseas 
Investment Amendment Act 2018, the Overseas Investment (Urgent Measures) Amendmen t 
Act 2020, and the Overseas Investment Amendment Act 2021. The majority of measures seeking 
to simplify the country's foreign investment regime were adopted in 2020 and 2021. Some of the 
most significant include Simplification of the benefit test (2021) i n which overseas persons who seek 
to acquire sensitive land or fishing quota must prove that the investment will, or is likely to, benefit 
New Zealand . Under this test, the OIO compares the current situation to the situation with the 
proposed investment wi th respect to several benefit criteria. The reform of 2021 clarified the 
comparison analysis and streamlined the process by reducing the number of criteria used for this 
analysis from 21 specific factors to 7 broad categories of factors, providing the OIO with more 
flexibility when assessing the benefits of an investment. Currently, the seven categories used for 
this analysis refer to economic, environmental, and any other consequential benefits resulting from 
the proposed investment, as well as to the effe cts of the investment on public access in the case of 
land, the protection of historic heritage, government policy, and participation by New Zealand ers. 
 
Questions:  
1. What is the implication of reducing the number of criteria used for this analysis from 2 1 specific 
factors to seven (7) broad categories of factors referring to economic, environmental and other 
consequential benefits? What is the possibility of replacing it again with broader benefit categories 
considering the said flexibility approach to as sessing benefits?  
 
Response:  
Reducing the number of factors in the benefits test from 21 to 7 ensures a more holistic approach 
is taken to determining whether the test is satisfied – both by prospective investors in their 
applications and by the Regulator in its assessment .  
 WT/TPR/M/426/Add.1  
 
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  Flexibility has not been lost by the reduction of factors considered, and no further changes are 
currently being planned to the framework for assessing benefits to New Zealand . 
 
Questions  
 
Para 3.73. (Pages 52 to 53)  
Export prohibition s, restrictions, and licensing are regulated under the Customs and Excise Act 2018 
or legislation administered by the government department responsible for particular controls. 
New Zealand  imposes restrictions, licensing requirements, controls, and prohibi tions on a variety of 
exports mostly for health and safety reasons, or to comply with international obligations. Some 
prohibitions/restrictions can be waived, subject to prior approval/exemption from the relevant 
government departments or agencies (e.g. th e MPI, the Ministry of Health, the Environmental 
Protection Authority, or the Ministry of Foreign Affairs and Trade) prior to exportation. Some export 
prohibitions and restrictions are covered by export alerts on the NZCS computerized entry processing 
system and are subject to electronic compliance checks. These relate to, inter alia, certain 
horticultural products, protected objects, chemicals, controlled drugs, explosives, firearms, and 
hazardous waste. A comprehensive list of these products may be found on the NZCS website. Exports 
of certain goods may be restricted for a range of reasons, such as ensuring New Zealand 's 
compliance with international conventions (such as the Convention on International Trade in 
Endangered Species (CITES), the Montreal Prot ocol, and the Stockholm Convention), conservation 
of goods of cultural status / tāonga such as pounamu and t ῡturu, or ensuring that products meet 
requirements under relevant New Zealand  legislation.  
 
Question:  
1. What are the best practices and lessons learned of CITES Management Authority of 
New Zealand  in granting Introduction from the Sea Certificates to any specimen of threatened 
species taken from high seas in compliance with the CITES?  
 
Response:  
New Zealand  does not receive many applications for Introduction From the Sea (IFS) certificates. 
For example, over the last 5 years we have only issued 17 IFS certificates. Most of these have been 
for bycatch on scientific voyages.  
 
The CITES website has a helpful su bpage on IFS which provides some practical guidance and has 
links to other relevant documents like the FAO guidance (below) and related CITES Resolutions. 
https://cites.org/eng/prog/ifs.php   
 
The FAO guidance and the CITES Secretariat's recent report to Standing Committee 74 provide very 
helpful best practice for IFS implementation . The FAO guidance identifies the situations in which an 
IFS should be issued and the Secretariat's report identifies the 1 0 most challenging aspects of IFS 
implementation and recommends a way forward . Links to both these documents are provided below . 
Note a revised version of the Secretariat's report should be available in June/July and will be 
considered by the CITES Confere nce of Parties in November.  
 
• FAO guidance on Introduction from the Sea: 
https://cites.org/sites/default/files/eng/prog/shark/docs/8%20Introduction%20From%20the%20S
ea_EN%20%28small%29.pdf  
• INTRODUCTION FROM THE SEA: REPORT OF T HE SECRETARIAT SC 74 Doc.51: 
https://cites.org/sites/default/files/eng/com/sc/74/E -SC74 -51.pdf   
 
Questions  
 
Para 3.184 (Page 82)  
The protection, use, and guardianship of māta uranga Māori (Māori knowledge system) and other 
tāonga (tangible and intangible Māori treasures), including the relationships of the Māori indigenous 
people of New Zealand  with the flora and fauna of New Zealand , are important considerations in the 
evoluti on of New Zealand 's IP system. New Zealand 's current patent and trademark regimes include 
provisions designed to prevent the registration of trademarks or granting of patents that would be 
considered offensive by Māori or contrary to Māori values. IPONZ ma y refer an application for a 
trademark, geographical indication (GI), design, or patent to a Māori Advisory Committee for advice, 
which the Commissioner has discretion to follow. In 2014, the Māori tribe Ngāti Toa Rangatira WT/TPR/M/426/Add.1  
 
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  obtained, through legislation, a n attribution right in relation to the haka Ka Mate, a traditional war 
dance.  
 
Questions:  
1. Aside from being offensive or contrary to Māori values, what are other grounds for rejecting 
an application?  
2. How does the IPONZ know that they need to refer th e application to the Māori Advisory 
Committee? What is the reference document wherein all Māori values or traditional knowledge are 
indicated? What are the mandatory disclosure requirements in patent and trademark applications?  
 
Response:  
1. The other grounds for refusing an application for a GI, trade mark, design or patent are those 
set out in the relevant legislation (an indicative list of grounds can be found in table A3.2 of the 
Secretariat's report), and are aligned with the criteria for registeri ng/granting these rights in 
accordance with, for example, the TRIPS Agreement and the Paris Convention.  
2. The basis for IPONZ determining whether to refer an application to the relevant Māori Advisory 
Committee is set out below.  
 
Trade Marks : the criteria  used by IPONZ for referring trade mark applications to the Trade Marks 
Māori Advisory Committee are set out on the IPONZ website here:  
https://www.iponz.govt.nz/about -ip/trade -marks/practice -guidelines/current/maori -advisory -
committee -and-maori -trade-marks/ . 
 
Geographical Indications : Geographical Indications containing Māori words or imagery are referred 
to the Trade M arks Māori Advisory Committee . IPONZ uses the same criteria for identifying which 
trade marks are referred to the Trade Marks Māori Advisory Committee as for GI applications.  
 
Patents:  Section 14(3) of the Patents Act 2013 allows the Commissioner to seek a dvice from the 
Patents Māori Advisory Committee when making a decision under this section. The referral to the 
Māori Advisory Committee forms part of the examination procedure and should be completed within 
the normal examination timeframes.  
 
If the applic ant identifies a Māori conflict, IPONZ will refer the application to the Patents Māori 
Advisory Committee. IPONZ may also refer an application to the Committee if a patent examiner 
considers that:  
 
• the invention is derived from Māori traditional knowledg e, or 
• the invention is derived from indigenous plants or animals.  
 
Further information on the Māori Advisory Committee can be found on the  IPONZ website here: 
https:// www.iponz.govt.nz/about -ip/maori -ip/maori -advisory -committees/ . 
 
Questions  
 
Para 3.190 (Page 83)  
In 2020, the Patents Regulations 2014 were amended to increase fees generally and add certain 
new fees. Examination fees were increased by 50% and new fees created for "excess" claims (30 or 
more). Renewal and maintenance fees were generally doubled (in some cases more). IPONZ 
explained that the increases were necessary to reduce its memorandum account, rebalance revenue 
as compared with trademark revenue, an d improve regime efficiency, equity, and effectiveness.  
 
Question:  
1. What are the reduced rates on fees particularly offered for MSMEs (if any)?  
 
Response:  
The schedule of fees for patents is available here. The Intellectual Property Office of New Zealand  
(IPONZ)'s trade mark, patent and design services are fully cost -recovered from those who directly 
benefit from its services. There are no p atent fee reductions for MSMEs  
 WT/TPR/M/426/Add.1  
 
- 128 - 
 
  Questions  
 
Para 3.206 (Page 86 -87) 
In general, conflicts between trademarks and GIs in New Zealand  are governed by a "first in time, 
first in right" approach. A GI that is identical to a trademark for identical goods or ser vices must not 
be registered. A GI that is similar, as opposed to identical, and/or used on similar, as opposed to 
identical, goods or services, must be denied registration if its use is likely to deceive or confuse. A 
GI that conflicts with an earlier reg istered trademark may be registered, however, if the GI can 
coexist with the registered trademark, taking into consideration the GI's history of good faith use in 
New Zealand , its recognition as a GI in New Zealand , and the legitimate interests of the trad emark 
owner and third parties, among other factors.  
 
Question:  
1. How are issues of coexistence resolved? Please provide the process.  
 
Response:  
To date, the Registrar of Geographical Indications has not used its discretion under section 18 of the 
Geograp hical Indications (Wine and Spirits) Registration Act 2006 to permit a GI to be registered, 
and therefore coexist, with a prior existing trade mark.  
 
Where the Registrar of Geographical Indications has refused to register a GI because of a prior 
existing t rade mark, the onus, and therefore the burden, falls to the GI applicant to satisfy the 
Registrar, through the provision of appropriate evidence, that special circumstances exist that make 
it proper for the GI to be registered and, therefore, to co -exist w ith the prior existing trade mark .  
 
Where the trade mark owner does not consent to the registration of the GI, the GI applicant must 
provide information and evidence to the Registrar that allows the Registrar to consider the factors 
set out under section 18 for permitting the GI to be registered . This would include information and 
evidence establishing:  
 
• the GI's history of use in good faith in New Zealand  
• recognition of the GI in New Zealand  as a GI  
• the impact on the interests of the trade mark owner and of third parties, and  
• any other information and evidence the GI applicant considers relevant to the Registrar 
making a decision to allow the GI to be registered.  
 
Nothing prevents the trade mark owner opposing the registration of the GI.  
 
Questions  
 
Para 3.207 (Page 87)  
The Geographical Indications (Wine and Spirits) Registration Regulations 2017 set forth examination 
and registration procedures and the process for establishing the GI register. Applications are 
submitted to IPONZ, which und ertakes an examination of the GI. If the application is accepted, 
IPONZ advertises the acceptance in its journal, thus triggering a three -month opposition period. In 
the absence of opposition, the GI is registered. Registration is initially effective for 5  years, 
after which it may be renewed at 10 -year intervals. In 2020, amendments to the GI Act introduced 
a six-month grace period for expired GI registrations.  
 
Question:  
1. What is the procedure for GIs exchanged through an FTA (e.g., automatically regist ered as 
GIs, undergo the process, etc.)?  
 
Response:  
The Geographical Indications (Wine and Spirits) Registration Regulations do not prescribe any 
opposition or other procedures for GIs exchanged through an FTA or any other international 
agreement.  
 
However , pursuant to Article 18.36 of CPTPP, New Zealand  has a treaty obligation to advertise for 
opposition purposes the names for which GI protection is sought pursuant to any international 
agreement .  
 WT/TPR/M/426/Add.1  
 
- 129 - 
 
  In the current EU -NZ FTA negotiation, the EU is seeking GI  protection in New Zealand  for 
approximately 2,200 names. New Zealand  advertised those names and ran a public opposition 
process between December 2018 and March 2019 .  
 
Questions  
 
Para 3.215 (Page 88)  
Various agencies and courts have jurisdiction over IPR disputes. The IPONZ Hearings Office is a 
specialist tribunal that handles patent, trademark, and industrial design oppositions and applications 
for revocation, cancellation, and declarations of invalidity. The Copyright Tribunal hears disputes 
involving li censing schemes offered by copyright management organizations. It also determines 
claims of copyright infringement arising from illegal file sharing. Its operations were modernized 
during the review period by the Tribunals Powers and Procedures Legislation  Act 2018. District 
Courts, the High Court, the Court of Appeal, and the Supreme Court have jurisdiction in civil IP 
infringement cases.  
 
Question:  
1. What were the advantages of having different agencies and courts in -charge of IPR disputes? 
Were there an y challenges faced considering such a set -up?  
 
Response:  
Although paragraph 3.215 may imply New Zealand  has multiple agencies and courts in charge of 
IPR disputes, the actual situation is that there is essentially one agency (IPONZ) and one court (the 
High Court for the majority of IP -related disputes) .  
 
The exception to the above, is the Copyright Tribuna l, a specialist dispute tribunal that deals almost 
exclusively with disputes with copyright licensing schemes administered by copyright management 
organisations. However, it has not considered any licensing disputes since around 2015.  
 
For a small economy like New Zealand , we note that the number of IP -related disputes is small and 
disputes are often settled without resorting to any of the above bodies.  
 
Questions  
 
Para 4.16 (Pages 95 to 96)  
With exports of approximately NZD 17 billion per year (25% of tota l exports) and accounting for 
around 3% of GDP, the dairy industry represents a significant share of the economy. Important 
reforms were undertaken from 2009 to 2012, as highlighted in the previous Review.16 During the 
current review period, the dairy indu stry continued to undergo reforms with the aim of ensuring 
transparency and efficiency. As reported previously, the Dairy Industry Restructuring Act (DIRA) 
allowed the creation of Fonterra Co -operative Group Limited. The Act has provisions to promote the 
efficient operation of dairy markets in New Zealand  by regulating the activities of Fonterra to ensure 
New Zealand  markets for dairy goods and services are contestable. It also provides for the allocation 
of export certificates for dairy quotas imposed by i mporting countries (Section 4.1.2.2). In 
February  2018, the DIRA was amended following a recommendation of the Commerce Commission 
that the regulatory obligations on Fonterra should not expire. The amendments retain the DIRA 
regime for the time being, by p reventing it from expiring and requiring a review of the need for the 
DIRA legislation.  
 
Question:  
1. What is the move of New Zealand  in adopting the Fonterra system in its outward dairy 
investments? What have been the results so far?  
 
Response:  
There is no "Fonterra system" in New Zealand . Fonterra is one of a number of New Zealand  
companies exporting dairy products. New Zealand 's dairy industry is regulated under the Dairy 
Industry Restructuring Act 2001 (DIRA).  
 
The purpose of DIRA is to promote the ef ficient operation of dairy markets in New Zealand  by 
regulating the activities of Fonterra to ensure New Zealand  markets for dairy goods and services are 
contestable.  
 WT/TPR/M/426/Add.1  
 
- 130 - 
 
  The New Zealand  Government has progressively reviewed and amended the DIRA over time to  take 
account of changing New Zealand  market conditions and to ensure that regulation remains fit for 
purpose.  
 
The last comprehensive review, which commenced in 2018, led to amendment of the Act in 2020 .  
 
Questions  
 
Para 4.26 (Page 97)  
The 2019 Climate Change Response (Zero Carbon) Amendment Act provides a domestic GHG 
emissions reduction target. This includes net zero emissions of all GHGs other than biogenic methane 
by 2050, and a 24% to 47% reduction below 2017 levels of biogenic methane emiss ions by 2050, 
including a 10% reduction by 2030. It also established the independent Climate Change Commission 
to provide expert advice and monitoring to help keep successive Governments on track to meet 
long-term goals.  
 
Question:  
1. Is there an inclinati on for the government to include other sectors which are currently outside 
of the target's scope? If so, what are these sectors?  
2. What are the other long term domestic policies and initiatives being aligned by the 
Government that would support the said ambition?  
 
Response:  
1. The domestic greenhouse gas emissions reduction targets for 2050, as per the Climate Change 
Response Act 2002 (as amended by the 2019 Climate Change Response (Zero Carbon) 
Amendment  Act), are n ationwide targets and cover emissions from all sectors of the economy as 
currently reported in New Zealand 's annual Greenhouse Gas Inventory. The biogenic methane 
emissions target relates primarily to the agriculture sector and (organic) waste sector as th ose 
sectors are the primary sources of the methane emissions that  contribute to this target.  
 
The figure below provides a snapshot of New Zealand 's gross emissions profile by sector, excluding 
the Land Use, Land -Use Change and Forestry (LULUCF) sector as it is an overall net remover of 
emissions .  
 
 
Available at https://environment.govt.nz/assets/publications/Greenhouse -Gas-Inventory -
Snapsho t-English -final.pdf   
 
New Zealand 's annual Greenhouse Gas Inventory reports on all anthropogenic emissions and 
removals of greenhouse gases in New Zealand . For more details on how emissions and removals are 
measured sector by sector and accounted for, refe r to the Ministry for the Environment's Greenhouse 
Gas Inventory webpage, here: https://environment.govt.nz/publications/new -zealands -
greenhouse -gas-inventory -1990-2020/ .  
WT/TPR/M/426/Add.1  
 
- 131 - 
 
  2. To put New Zealand  on a path to achieve net -zero emissions by 2050, the Government on 
16 May 2022 set its first three (of six) emissions budgets and has published its first Emissions 
Reduction Plan). An emissions reduction plan will be developed for each subsequent emissions 
budget.  
 
The first Emissions Reduction Plan sets out strategies, policies and actions to reduce emissions across 
key sectors to meet the first emissions budget. The plan sets the direction for the next decade  and 
beyond, and puts New Zealand  on track to help achieve future emissions budgets and climate change 
targets.  
 
These include the following key actions:  
 
• increasing access to electric vehicles (EVs) and beginning the process of decarbonising heavy 
transport and freight ; 
• managing the phase -out of fossil gas by developing a gas transition plan which will set out a 
transition pathway for the fossil gas industry ; 
• banning new low - to medium -temperature coal industrial boilers and phasing out existing 
ones; 
• introducing an emissions pricing mechanism for agriculture ; 
• investing in research to reduce agricultural methane and emerging technologies such as green 
hydrogen ; 
• reducing the amount of waste (including food waste) going to landfills, investing in waste 
infrastructure and expanding landfill gas capture ; 
• establishing native forests at scale to develop long -term carbon sinks and improve 
biodiversity ; 
• accelerating the supply of woody biomass to replace coal and other carbon intensive f uels and 
materials . 
 
Refer to New Zealand 's emissions reduction plan for a comprehensive outline of the strategies, 
polices and actions that are part of New Zealand 's low -emission pathway: 
https://environment.govt.nz/news/aotearoa -new-zealands -first-emissions -reduction -plan-
released/ .  
 
Questions  
Para 4.35 (Page 99)  
The NZETS continues to be a key part of New Zealand 's overall energy emissions reduction strategy. 
During the review period, the Government made changes to the NZETS through the Climate Change 
Response (Emissions Trading Reform) Amendment Act 2020, which came into law on 22 June 2020. 
Among its novelties, the Amendment introduces a cap on GHG emissions under the NZETS, in 
alignment with New Zealand 's long -term targets. This means that every five years, the authorities 
will set a limit on the supply of the total GHG emission rights available under the NZETS.  
 
Question:  
1. How much is the significant increase/improvements in revenue generation and reduction in 
emissions from the emissions trading scheme since the issuance of the Climate Change Response 
(Emissions Trading Reform) Amendment Act in 2020?  
 
Respo nse: 
One of the reforms of the Climate Change Response (Emissions Trading Reform) Amendment 
Act 2020 was the introduction of an auctioning platform to sell New Zealand  Units (NZUs) to NZ ETS 
participants. This replaced the Fixed Price Option (FPO) which pr eviously allowed NZ ETS participants 
to meet their surrender obligations through a fixed price ( NZD 25 per tonne of CO2 -e in 2019 and 
prior, and NZD 35 per tonne of CO2 -e in 2020).  
 
Regarding revenue generation from the NZ ETS:  
 
- FPO use for the 2020 ca lendar year generated approximately NZD 1.1 billion (approx. 
30 million units at NZD 35).  
- The four NZU auctions in 2021 generated approximately NZD 1.3 billion (26 million units 
selling at clearing prices ranging from NZD 36 to NZD 68).  WT/TPR/M/426/Add.1  
 
- 132 - 
 
  - Revenue generated from NZU auctions in 2022 is expected to exceed 2021, with the first 
for 2022 generating NZD 0.8 billion (11.825 million units selling at a clearing price of NZD 70) and 
with three  auctions remaining.  
 
Regarding emissions reduction drive n by the NZ ETS, this is difficult to determine due to uncertainty 
in explicitly attributing the causality of behaviour change driven by the NZ ETS price signal.  
 
The auction price controls which were introduced by the Climate Change Response (Emissions 
Trading Reform) Amendment Act were updated in 2021 to bounds ranging from NZD 30 to NZD 70. 
It is estimated that this will drive 1.3 MT CO2 -e of additional abatement in the energy and industry 
sector across 2022 -2025 (central estimate). This is expected to ramp up in the years following this 
period as the NZU price rises.  
 
Questions  
 
Para 4.59 (Page 103 to 104)  
As highlighted in the previous Review, New Zealand  does not have a single incentive scheme 
exclusively dedicated to manufacturing activities. However, a number of programmes with broader 
economic objectives are of benefit to manufacturing companies (Section 3.3.1). These programmes 
are mainly delivered th rough two separate public entities, Callaghan Innovation (for innovation -
oriented firms) and New Zealand  Trade and Enterprise (NZTE) (an international business 
development agency). Callaghan Innovation's offerings include its Lean service, which provides 
workshops and coaching programmes to improve companies' competitiveness and performance, and 
its Research and Development Solutions Division, which provides services around product 
development, workshops, pilot plants, testing and failure analysis, near mar ket research, and 
contracting R&D. The NZTE's International Growth Fund (IGF) assists firms that have the potential 
to contribute to New Zealand 's long -term economic growth and acquire key capabilities for business 
growth.  
 
Question:  
1. How are the sector al/industry priorities and companies/beneficiaries of Callaghan Innovation 
and NZTE selected? Kindly provide the sunset provision for the support poured through these 
two public entities, if any.  
2. How did New Zealand  effectively manage the cross -border s upply of financial services, 
particularly financial data processing and other auxiliary financial services including electronic 
payment?  
 
Response:  
1. NZTE works with customers to help them grow bigger, better, faster.  
 
To become an export customer of NZTE , a business needs to:  
 
• Be a New Zealand -registered company, operating legally in New Zealand ; 
• Be able to show some evidence of sales, either in New Zealand  or overseas;  
• Supply basic business information including a company name, address, product or service 
sector and a contact person and email address.  
• Businesses are able to sign up online at www.my.nzte.govt.nz/join  
 
Businesses in all sectors are able to become a NZTE customer if they meet  the above criteria .  
 
Internally, NZTE is organised in broad sectors – Manufacturing and Infrastructure, Food Beverage 
and Consumer Goods, and Tech and Services – but none are prioritised over others. NZTE customers 
have access to a range of services whic h support customers to grow internationally where a customer 
meets the relevant criteria for support. There is no sunset provision for such support however 
customers must agree to NZTE's Terms of Engagement (which can be found here: 
https://www.nzte.govt.nz/page/terms -of-use, and then clicking on 'Terms of Engagement') .  
 
Callaghan Innovation partners with ambitious businesses of all sizes, providing a range of innovation 
and research and development (R&D) services to suit each stage of growth. It empowers innovators 
by connecting people, opportunities and networks, and pro viding tailored technical solutions, skills 
and capability development programmes, and grants co -funding. Each support mechanism has WT/TPR/M/426/Add.1  
 
- 133 - 
 
  unique selection criteria. In addition to meeting specific criteria, the business must be one of the 
following:  
 
• Register ed under the Companies Act ; 
• Registered under the Limited Partnerships Act ; 
• A Māori incorporation or trust established under the Te Ture Whenua Māori Act, a trust set up 
to manage assets as part of a Treaty of Waitangi settlement, a Māori statutory body , or a 
business controlled by one or more of these entities.  
 
2. Financial services in New Zealand  are regulated by a number of agencies and authorities, 
including the Reserve Bank of New Zealand , the Ministry for Business Innovation and Employment, 
The Tr easury and the Financial Markets Authority. Links to the responsible agencies are provide 
below:  
 
• Reserve Bank of New Zealand : https://www.rbnz.govt.nz/regulation -and-supervision   
• Ministry for Business Innovation and Employment: https://www.mbie.govt.nz/business -and-
employment/business/financial -markets -regulation/   
• The Treasury: https://www.treasury.govt.nz/about -treasury/our -work  
• Financial Markets Authority: https://www.fma.govt.nz/about -us/what -we-do/  
 
Questions  
 
Para 4.72 to 4.74 (Pages 106 to 107)  
It was noted that in 2021, NPLs returned to the low levels seen before the COVID -19 pandemic and 
the share of borrowers on banks' hardship programs remains low, despite the COVID -19 pandemic. 
Banks' profitability was relatively high but fell slightly in 2020 due to impairment charges. 
Throughout the early stages of the COVID -19 pandemic, the RBNZ undertook a number of regulatory 
actions to ensure that banks had sufficient headroom to continue to suppo rt borrowers .  
 
Question:  
1. Since most of the regulatory actions deployed during the pandemic are temporary in nature, 
what is the exit strategy of the RBNZ or how it plans to unwind the same, given that the relief 
measures and the possible lagged effect for risks caused by the pandemic to materialize may obscure 
the quality of banks' credit and financial condition in general?  
 
Response:  
Throughout the COVID pandemic, the Reserve Bank of New Zealand  (RBNZ) has adopted an 
evidence -based approach to adjust t he level of monetary and regulatory support, based on public 
health developments, data on emerging stress in the financial system, and the resilience of financial 
institutions.  
 
The RBNZ provided large -scale support to banks to encourage lending to the ec onomy during the 
first wave of the pandemic in 2020. Examples of these include the Large -scale Asset Purchase 
Programme (LSAP), the Funding for Lending Programme (FLP) that reduced banks' funding cost, and 
restriction on dividend payments. The RBNZ also su spended its loan -to-value ratio (LVR) restrictions 
on new mortgage lending.  
 
As the pandemic situation improved, owing to an effective public health response by the 
Government, economic activity recovered and NPLs in the banking system did not rise as muc h as 
initially expected. The economic soft landing also reflected the importance of fiscal support, including 
a wage subsidy, business loan guarantees, and a temporary mortgage payment deferral for 
borrowers whose incomes were affected.  
 
In response to im proving economic conditions, the RBNZ gradually tapered the scale of stimulus. 
The LSAP was halted in July 2021, and the RBNZ recently announced it will start to reduce bond 
holdings under the LSAP. The FLP remains in place, but is scheduled to end in Dece mber 2022. 
Dividend restrictions were eased over 2021. The LVR restrictions were reinstated to address 
emerging risks in the housing market. Fiscal stimulus was also gradually unwound, and the vast 
majority of deferred mortgagors resumed repayments.  
 
As the RBNZ scaled back supportive measures, it continued to monitor banking system resilience 
and for signs of stress, through initiatives such as liaison discussions with banks and stress testing. WT/TPR/M/426/Add.1  
 
- 134 - 
 
  While the RBNZ recognises that some of the COVID impact on fi nancial system stress will be lagged, 
and there is certainly stress concentrated in certain pandemic -exposed industries, most sectors are 
faring relatively well. The level of capital held by banks is set to increase over the 7 years to 2028, 
which will inc rease their resilience to unexpected shocks.  
 
All told, the RBNZ is confident that its evidence -based approach to reducing policy stimulus is 
appropriate, and should not expose the financial system to undue risk.  
 
Questions  
 
Para 4.76 (Page 107)  
It was me ntioned that both locally incorporated entities and bank branches incorporated overseas 
may apply for registration and there are no restrictions on the scope of financial services that a bank 
may provide. Likewise, only entities whose business substantiall y consists of borrowing and lending 
money or providing other financial services may be registered as banks.  
 
Questions:  
1. In the Philippines, there are specific banking licenses/categories of banks such as universal 
bank, commercial bank, rural bank, thr ift bank, digital bank, Islamic bank and cooperative bank. 
Each category of bank has specific powers, authorities and allowable scope of activities as 
defined/provided in the applicable laws, Bangko Sentral ng Pilipinas' (BSP's) rules and regulations. 
What are the specific banking authorities/licenses, other than a general bank license granted to 
locally incorporated entities and bank branches incorporated overseas which apply for registration 
as a bank in New Zealand ? 
 
2. What is the manner of application of RBNZ regulations to locally incorporated entities versus 
bank branches incorporated overseas? Are bank branches incorporated overseas allowed to observe 
its parent bank's practices as prescribed by the home regulator, apart from its host reg ulator?  
 
Response:  
1. RBNZ does not register different categories of banks, whether by business model or sector. 
However, when a bank is registered, the conditions of registration may specify or exclude certain 
types of activity. For example, some banks ma y only be permitted to conduct wholesale business 
(as opposed to retail business). Where a banking group has both a subsidiary and a branch registered 
in New Zealand , RBNZ's policy is that the branch should not be permitted to take retail deposits.  
 
2. All banks registered in New Zealand  are subject to conditions of registration. For branches of 
banks incorporated overseas, their conditions of registration refer to ongoing compliance with 
requirements imposed  in the home jurisdiction (eg, capital ratios). The RBNZ requires the bank to 
notify the RBNZ of the appointment of a New Zealand  Chief Executive Officer (on a non -objection 
basis).  
 
Prior to registration of a branch, the RBNZ conducts an equivalence assessment to assess how closely 
the home supervisor y regime aligns with RBNZ policy. Registration as a branch is subject to the 
RBNZ being satisfied with the equivalence assessment. The RBNZ may register a branch and impose 
additional conditions of registration to address any concerns.  
 
Questions  
 
Para 4.9 9 (Page 112)  
New Zealand 's telecommunications sector hosts a number of privately -owned companies. The state 
investment is used, in complement to private investments, to provide infrastructure. Under the 
Government's Ultra -Fast Broadband (UFB) initiative, C rown Infrastructure Partners (CIP) is an 
agency in place to manage government investments to provide 85% of New Zealand ers with 
broadband connections offering 100 Mbps download speeds and 50 Mbps upload speed. To deploy a 
fibre network under the UFB progra mme, CIP entered into contracts with Chorus, Tutahi First Fibre, 
Northpower, and Enable Services Limited (ESL). The most -used UFB service types in New Zealand  
are Gigabit Passive Optical Network (GPON) and Point to Point (P2P). Chorus is contracted by the 
Crown for deploying about 70% of the UFB network infrastructure and owns the copper line network 
throughout New Zealand . Chorus is a publicly listed company. The Crown provided investment 
funding for the UFB programme through equity and debt instruments with Chorus and three other 
fibre companies (Tutahi First Fibre, Northpower, and ESL) deploying the UFB infrastructure. The WT/TPR/M/426/Add.1  
 
- 135 - 
 
  four companies act as wholesalers fo r broadband connectivity, with Retail Service Providers (RSPs) 
providing services to end -user customers. The wholesaler companies are prohibited from providing 
retail services. The Telecommunications (New Regulatory Framework) Amendment Act 2018 has 
provis ions allowing Chorus to withdraw wholesale copper services only in areas where fibre already 
exists under certain conditions. In areas where fibre is not currently available, Chorus must continue 
to supply wholesale copper services. A Copper Withdrawal Cod e sets out the minimum requirements 
Chorus must meet before it can stop providing wholesale copper phone and broadband services. The 
retail market for UFB services is competitive, with numerous RSPs providing services on the network.  
 
Questions:  
1. How do es CIP manage the government investments to provide 85% of New Zealand ers with 
broadband connections offering 100 Mbps download speeds and 50 Mbps upload speed?  
2. What are the objectives of the UFB and have these been effectively met? Kindly provide a 
copy of the UFB initiative, for our reference.  
 
Response:  
1. Crown Infrastructure Partners (CIP) manages the procurement of network infrastructure under 
government programmes to deliver connectivity services. For the Ultrafast Broadband (UFB) 
programme, CIP has contracts with four Local Fibre Companies to deploy and operate fibre 
infrastructure. The supply of fibre broadband services by these companies is now controlled through 
a regulatory framework administered by the New Zealand  Commerce Commission.  See: 
https://comcom.govt.nz/regulated -industries/telecommunications/regulated -services/fibre -
regulation . 
 
2. The prime objective of the UFB program me is to make fibre broadband services available to 
87% of New Zealand 's population. UFB availability continues to expand and has now reached 86% 
of the population. The uptake nationally of UFB services by users is currently about 70%, and the 
average spee d of UFB services is now about 400 Mbps. The UFB programme is on schedule to be 
completed and meet its coverage objective by the end of 2022. Additional information and the latest 
progress report on the programme is available at:  
https://www.crowninfrastructure.govt. nz/wp -content/uploads/CIP -Connectivity -Quarterly -Report -
December -2021.pdf  
 
The original proposal document for the UFB programme, from October 2009, is available at:  
https://www.crowninfrastructure.govt.nz/media/4824/invitation -to-participate.pdf    
 
Questions  
 
Para 4.105 (Page 113)  
According to the 2020 Annual Telecommunications Monitoring Report, in 2020, New Zealand 's 
mobile prices were below the OECD average for the entry -level and medium -user categories, but 
above the OECD average for the high -user and ultra -high-user categories.  The average price of high -
speed fixed broadband plans dropped in 2020 but remained higher than the OECD average; the 
ultra-high-user category is the only broadband and voice bundle category where New Zealand  prices 
are cheaper than the OECD average. The a uthorities indicate that mobile termination is self -
regulated through commercial contracts between network operators.  
 
Question:  
1. With the findings from the report mentioned, how will the sector deregulation lead to a truly 
competitive industry?  
 
Respons e: 
New Zealand  has three national mobile network operators providing cellular mobile services. A 
review of mobile markets in 2019 by the Commerce Commission found that these markets are 
competitive and that there was not a case justifying regulatory interv ention. See :  
https://comcom.govt.nz/regulated -industries/telecommunications/projects/mobile -market -study   
 
Questions  
 
Para 4.109 (Page 114)  
There a re no restrictions on foreign investment in private telecommunications firms, other than the 
provisions of the Overseas Investment Act 2005 (Section 2.4). However, the Constitution of Chorus WT/TPR/M/426/Add.1  
 
- 136 - 
 
  provides that no person who is not a New Zealand  national shall h ave more than 49.9% of the total 
voting shares of Chorus without the prior written approval of the Crown, and at least half of the 
board of directors must be New Zealand  citizens. There are no -company specific restrictions on 
investment in Spark New Zealan d. 
 
Question:  
1. How did the liberalization of the telecommunications market affect the overall service quality 
and competitiveness in the sector? What are the disadvantages?  
 
Response:  
Overall liberali zation of the New Zealand  telecommunications market re sulted in improved service 
quality and competitiveness in the sector. Prices appear to have declined and usage increased as 
new providers came into the market . For example New Zealand 's mobile prices have fallen faster 
than the OECD average since 2014, resulting in a reduction in the New Zealand  price relative to the 
prices overseas. Accordingly the telecommunications markets in New Zealand  are generally 
competitive.  
 
New Zealand  relies on competition to deliver value for telecommunications users and does not 
intervene with regulation unless it is clear there are benefits that outweigh the costs and offset the 
potential distortions that regulation may bring. If the commercial market is  unable to deliver in the 
public interest then the Government retains the ability to invest in network infrastructure (for 
example, the Ultrafast Broadband programmes outlined in more detail in the response to 
question  118), or to introduce additional regu lation (for example, development of a retail services 
quality code – more information can be found on the Commission's website Commerce Commission  - 
Telecommunications retail service quality (comcom.govt.nz) ). 
 
Questions  
 
Para 4.110 (Page 114)  
New Zealand  does not impose licensing requirements for entry into the telecommunications business 
market and control over retail prices is minimal. However, there are regulatory measures in place 
for access to the networks of major suppliers. The MBIE is responsible for making radio spectrum 
frequency bands available for new uses, including bands for the 5G network.  
 
Question:  
1. How did the Rural Broadband Initiative (RBI) reduce digital divide in the country? What are 
the objectives of the RBI and have these been e ffectively met?  
 
Response:  
The Rural Broadband Initiative (RBI) Phase One (completed in 2016/17) had the objective of making 
broadband services available to 80% of rural households and businesses, with the services 
performing at speeds of 5Mbps or better, and the remaining 20% able to achieve speeds of at 
least 1 Mbps. This has been achieved.  
 
RBI Phase 2 is extending the coverage of network infrastructure to make broadband service available 
to another 84,000 rural homes and businesses by the end of 2023 . See the latest quarterly report 
on progress at:  
https://www.crowninfrastructure.govt.nz/wp -content/uploads/CIP -Connectivity -Quarterly -Report -
December -2021.pdf  
 
Combined with the completion of the UFB roll -out and existing broadband networks, this will mean 
that 99.8 of New Zealand 's population will have access to improved broadband.  
 
Questions  
 
Para 4.113 (Page 115)  
In March 2019, the Government released a bluepr int setting out the role for the Government in 
building a digitally inclusive New Zealand . The blueprint defines being included as having convenient 
access to, and the ability to confidently use, the Internet in the immediate term.  
 WT/TPR/M/426/Add.1  
 
- 137 - 
 
  Questions:  
1. Accordin g to the reference included in the report (footnote 65), the Digital Inclusion Blueprint 
was just a starting point and in 2022, it is expected that the government will review digital inclusion 
goals and priorities to continue its work. What is the progress  on this matter?  
2. In 2019, there are no agreed measures for digital inclusion in New Zealand . What are the 
changes and how does the government monitor the digital inclusivity of all the cities/provinces? 
What are the policies/laws being implemented for monitoring?  
3. As the digital divide also significantly impacts financial inclusion, does New Zealand  have a 
separate blueprint for digital inclusion on financial services? How can it be mutually -reinforced with 
the accelerated adoption of digital payments or digital financial services?  
4. What is the implementation strategy of New Zealand  to make affordable and quality internet 
accessible, including access to portable/mobile digital devices, improvement of access in remote 
areas in the coun try, and targeted programs for the groups identified to be at risk of not being 
digitally included?  
 
Response:  
1. The Department of Internal Affairs (DIA) released Digital Inclusion Blueprint in 2019, which 
outlined the Government's vision for digital incl usion in New Zealand , the role it could play, and 
steps it will take toward realising this vision. Initial research highlighted the lack of agreed approach 
for measuring digital inclusion in New Zealand , insufficient data to build a clear and actionable 
picture of who is not digitally included, and no overarching plan for where to focus future work.  
 
The resulting focus for 2019 Digital Inclusion Action Plan created a high -level timeline for strategic 
direction of the government's work towards digital inclu sion. It set out 4 roles for government in 
building a digitally included New Zealand : lead, connect, support and deliver.  
 
Currently around one in five New Zealand ers cannot or do not wish to interact online, with higher 
risk for Māori, Pasifika, seniors, migrant and disabled peoples. The Digital Inclusion 2020 -2021 
Action Plan built on the work done in 2019 and contributed insights on how digital inclusion is 
measured, and digital inclusion user insights among the following populations:  
 
• Disabled people  
• Māori  
• Pacific peoples  
• Former refugees and migrants with English as a second language  
 
The Minister for Digital Economy and Communications is developing a national Digital Strategy for 
Aotearoa (the Strategy) with Inclusion (Mahi Tahi) as one o f the three pillars (pou) of the Strategy 
alongside, Growth (Maki Ake) and Trust (Mahi Tika). The 'Developing a Digital Strategy for Aotearoa' 
discussion document was released in October 2021 and sought public consultation on what 
New Zealand ers would like  to see in this strategy. Insights from submissions has further shaped its 
development. The Strategy is now due to be launched in mid -2022.  
 
Additionally, we are currently working towards a digital inclusion action plan that outlines work on a 
multi-year, cross-system response to close the digital divide and deliver on the 'Inclusion' outcomes 
of the Digital Strategy for Aotearoa.  
 
2. The overarching vision of the Digital Strategy for Aotearoa (the Strategy) is "Aotearoa 
New Zealand 's people, communities, e conomy and environment are flourishing and prosperous in 
the digital era". It is structured around 3 themes – Mahi Tika (Trust), Mahi Tahi (Inclusion), and 
Mahi Ake (Growth) – each of which has a goal and related measures that steer our work ahead to 
realise the Strategy's vision. As noted above, we are currently developing an action plan that will 
take forward the "Inclusion" pillar of the Digital Strategy.  
 
The Strategy also highlights the need for developing better tools and metrics for measuring the 
digital economy, an area where we are significantly behind our peers in our ability to pinpoint areas 
of concern and measure our policy success. These are important areas that merit ongoing 
commitment and investment.  
 
3. No, New Zealand  does not have a separ ate blueprint for financial services, although may give 
consideration to this in the future.  
 WT/TPR/M/426/Add.1  
 
- 138 - 
 
  4. The government's investment in Ultrafast Broadband (UFB) and the Rural Broadband Initiative 
(RBI), detailed in responses above, has helped improve access to affordable and quality internet, 
heping deliver improved broadband access to 99.8 percent of New Zealand 's population. A targeted 
work programme is currently underway in Government to close the digital divide. While this work is 
in its early stages, the intent is to develop solutions that would ensure a more wholistic approach to 
the identified barriers  to digital inclusion, including affordability of internet services, access to 
affordable devices and skills and trust to ensure groups that are at a higher risk of being digitally 
excluded are able to access wrap -around services and support as and when re quired. Concurrently, 
a separate work programme is also underway to address current gaps in connectivity in rural and 
remote areas to ensure improved access and service reliability in areas that may otherwise be 
limited.  
 
Questions  
 
Para 4.115 (Page 115)  
As telecommunications technologies continue to develop, and connectivity continues to support 
New Zealand 's social and economic environment, the importance of protection against cyber threats 
also increases in number, scope, and scale. In 2020, 7,809 cybers ecurity incidents, with a total 
financial loss of NZD 16.7 million, were reported to the authorities (1,131 incidents costing 
NZD 5.3 million in 2017). The Cyber Security Strategy 2019 (covering the period 2019 -2023) 
outlines the areas where the Government  will prioritize action and how it is planning to ensure that 
New Zealand  is confident and secure in the digital world, with a view to creating a more productive 
and competitive economy. The Cyber Security Strategy aims to, inter alia: (i) strengthen cyber  
resilience (protect most critical assets); (ii) increase cyber capability (develop skills and tools 
necessary for individuals, businesses, government departments, and organizations to protect 
themselves online); and (iii) promote international cooperation  (boost the country's international 
credibility, including the ability of businesses to be internationally competitive).  
 
Questions:  
1. Which types of cybercrimes contributed greatly to the financial losses of the economy? Is IP 
violation considered a cybe rcrime in New Zealand ? If so, please explain why and what are the 
sanctions imposed.  
 
Response:  
Scams and fraud are amoung the most costly cyber crimes in New Zealand , accounting for almost 
NZD 11.9 million in reported losses in 2021. More details are available at: 
https://www.cert.govt.nz/about/quarterly -report/ .  
Certain IP violations can be characterised as a "cybercrime". The Co pyright Act 1994 provides 
criminal offences for copyright piracy and the Trade Marks Act 2002 provides criminal offences for 
trade mark counterfeiting. Those offences apply irrespective of whether the offending occurs in the 
physical world or online. The s anctions for such offending include a fine of up to NZ D 250,000 or a 
term of imprisonment for up to five years. Offenders can also be ordered to pay reparation to a right 
holder for the injury caused by their offending.  
 
Questions  
 
Para 4.123 (Pages 116 -117) 
Carbon emissions from transport activities are a major part of New Zealand 's climate challenge, 
representing some 20% of total emissions and 43% of CO 2 emissions. The national draft Emissions 
Reduction Plan, which will create binding domestic commitment s when finalized in April 2022, sets 
out a range of proposed interventions to reduce transport emissions by 41% by 2035. As part of 
this plan, the Government is currently considering legislation to set tough CO 2 standards for light 
vehicles, has introduced  rebates for low -emissions vehicles, is considering congestion charging in 
major centres, is developing a sustainable biofuels mandate, and is requiring all new public transport 
buses to have zero emissions by 2025.  
 
Questions:  
1. Aside from the CO 2 standa rds and rebates for low emissions, what other measures is the 
government introducing on specific incentives for transport operators to encourage modernizing 
their fleets to more environmentally friendly vehicles?  WT/TPR/M/426/Add.1  
 
- 139 - 
 
  2. Are all public transport buses in New Zealand  government -owned? If not, what are the 
conditions that the government will consider to motivate transport operators to follow the mandate 
of zero -emissions by 2025?  
 
Response:  
1. New Zealand  has implemented the Clean Vehicle Discount, which focuses on influencing 
vehicle demand by providing rebates for buying low and zero emissions vehicles and charging a fee 
for higher emitting vehicles. The Clean Vehicle Standard is designed to influence su pply. Its aim is 
to increase the quantity and variety of low -and zero -emissions vehicles supplied to New Zealand . 
New Zealand  will set maximum CO2 limits or penalties for individual light internal combustion engine 
vehicle imports to tackle the highest emi tting vehicles. Additionally, New Zealand  will consider what 
measures will be needed to increase the fuel efficiency of the imported fleet and avoid New Zealand  
becoming a dumping ground for high -emitting vehicles. New Zealand  will also investigate how its  
tax system could support clean transport options to ensure low -emissions transport options are not 
disadvantaged. New Zealand  also provides 50% co -funding for installing public charging 
infrastructure and purchasing zero emission heavy vehicles through a Low Emission Transport Fund, 
and exempts electric vehicles (light and heavy) from paying Road User Charges, all of which also 
serves to aid transport operators.  
 
2. The vast majority of public transport buses in New Zealand  are privately  owned. Public 
transport services are contracted by regional councils to private operators, which also provide depots 
and buses to deliver the services. In order to receive co -funding from central government, all buses 
used to deliver public transport servi ces must meet the Requirements for Urban Buses (RUB), which 
includes a range of vehicle standards. In December 2020 the Government confirmed its commitment 
to requiring that only zero -emissions public transport buses be purchased by 2025. In February 2022 
the RUB was amended to give effect to this requirement. New Zealand 's Emissions Reduction Plan 
also reflects the Government's commitments to decarbonise the bus fleet transport, including 
the 2025 zero emissions bus requirement and the commitment to set a target to decarbonise the 
public transport bus fleet by 2035.  
 
Questions  
 
Para 4.129 (Page 117)  
Prior to COVID -19, New Zealand  had 5 airports receiving scheduled international air services and 
28 regional airports. As at the end of November 2021, only two of these airports were receiving 
international flights. Auckland International Airport is New Zealand 's busiest airport, followed by the 
international airports of Christchurch and Wellington. The movements of air freight are largely 
concentrated at Aucklan d and Christchurch airports. New Zealand 's international airports are 
managed and operated by autonomous companies with both private and public ownership . Regional 
airports are either owned by local authorities or through joint ventures between local autho rities and 
the Crown.  
 
Questions:  
1. What are the steps undertaken by New Zealand  in improving airport infrastructure to counter 
infectious diseases like COVID -19? 
2. How does New Zealand  see full operations within 2022 of all five airports which previous ly 
received international air services?  
 
Response:  
1. The Ministry of Health produced the Infection Prevention and Control (IPC) guidance for Air 
Border which airport and airlines are required to follow. This guidance is reviewed on a regular basis 
and inc orporates the latest evidence and best practices, and the emergence of new variants. Controls 
included frequent cleaning of high touch surfaces, PPE protocols and ensuring separation at various 
stages of the pandemic.  
 
Airports adapted their environments t o met IPC guidance as necessary. Changes to airport 
infrastructure included use of separate green and red pathways, and utili zing separate piers. Other 
examples include installation of automatic thermal imaging temperature checking equipment, 
although use was not mandatory and not widespread.  
 
2. Under C OVID -19 regulations, New Zealand  limited receiving scheduled international air 
service to four airports: Auckland, Christchurch, Wellington and Queenstown.  WT/TPR/M/426/Add.1  
 
- 140 - 
 
  New Zealand  started reopening its borders from 27 February 2022 and is set to be fully open to all 
travellers by 31 July 2022. Auckland and Christchurch began receiving flights on 28 February; 
Wellington from 15 March 2022 and Queenstown from 23  May 2022. At this point in the recovery, 
passenger volumes h ave driven little demand beyond the two major airports of Auckland and 
Christchurch. This is expected to improve during 2022.  
 
While Covid -19 health settings and regulations are under regular review, no decision has been made 
on removing the restriction li miting international service to the four airports above.  
 
Questions  
 
Para 4.140 (Page 119)  
Maritime transport plays a key role for New Zealand  freight movement. Shipping services are 
provided by both New Zealand -based ship operators and international shipping lines. The 
New Zealand  operators tend to concentrate on the movement of domestic cargoes. Domestic 
transport of petroleum products is prim arily from the Northland refinery via pipeline to Auckland and 
Auckland Airport and coastal distribution across the country. A key cement manufacturer in the 
Northland distributes by coastal ships and then road and rail.  
 
Questions:  
1. As maritime transpor t plays a key role in freight movement in New Zealand , what are the 
issues experienced by the country in the movement of essential goods that were imported overseas 
during the initial months of the COVID -19 pandemic? What actions were taken to address thes e 
issues?  
 
Response:  
Ensuring supply chain connectivity and that trade lines remained open, including via sea and air 
freight, was critical in facilitating the movement of goods, including essential supplies, during the 
initial months of the Covid -19 pande mic. This will continue to be key to New Zealand 's trade recovery 
and broader economic recovery.  
 
As the pandemic unfolded in March -April 2020, New Zealand  was initially focused on maintaining its 
critical trade and supply links. This was to ensure that New Zealand  could continue to access 
essential goods (for instance medicines, PPE, COVID -19 testing kits) as well as keep New Zealand  
goods flowing to our trading partners.  
 
New Zealand  initiated a Joint Ministerial Statement on affirming commitment to ens uring supply 
chain connectivity amidst the COVID -19 situation in April 2020, signed by 12 countries, committing 
to 'maintain open and connected supply chains […and…] affirming importance of refraining from the 
imposition of export controls or tariffs and n on-tariff barriers and of removing any existing trade 
restrictive measures on essential goods, especially medical supplies'. This Joint Statement was 
important because it sent a signal about the contribution international trade can make to addressing 
the challenges of COVID -19. New Zealand  firmly believes that international cooperation is the best 
way to address global challenges. In practical terms, New Zealand  immediately gave effect to this 
statement by unilaterally suspending tariffs on medical and PPE -related goods and soaps.  
 
Furthermore, the New Zealand  Government in June 2020 launched the Trade Recovery Strategy 
with a focus on tackling non -tariff trade barriers and resolving supply chain blockages to further 
support New Zealand 's continued economic  recovery .  
 
Alongside this, and in parallel with the Joint Ministerial Statement, New Zealand  also concluded a 
negotiation on essential COVID -19 goods with Singapore. The New Zealand -Singapore Declaration 
on Trade in Essential Goods removes tariffs and ex pedites trade flows on a wide range of COVID -19 
response -related products, giving real substance to the objectives of the Joint Statement. 
New Zealand  also joined another June 2020 Ministerial Statement on action plans to facilitate the 
flow of goods and s ervices as well as the essential movement of people together with Singapore, 
Canada, Republic of Korea and Australia, aimed at facilitating the flow of goods and services.  
 WT/TPR/M/426/Add.1  
 
- 141 - 
 
  Questions  
 
Para 4.145 (Page 120)  
The Port Companies Act 1988 provides for the forma tion of port companies to carry out port -related 
commercial activities and control the ownership thereof. Currently, 13 port companies are 
incorporated under the Act. The Act does not impose any limitation on the acquisition or holding of 
port company shar es by private national or foreign persons, but acquisitions by overseas persons 
above the specified threshold would need prior consent under the Overseas Investment Act.  
 
Question:  
1. Were the operations of New Zealand  ports hampered during the height of t he COVID -19 
pandemic? What were the steps undertaken to restore full operational capacity of these ports?  
 
Response:  
New Zealand 's ports were hampered during the height of the COVID -19 pandemic and are continuing 
to experience the impacts of global supply chain congestion as a result of the pandemic.  
 
As with other ports internationally, New Zealand  ports experienced significant congestion due to 
disruptions to shipping schedules and reduced vessel availability, constrained labour availability, and 
reduced productivity throughout the landside components of the freight sector. The scale of these 
disruptions was most pronounced at Ports of Auckland ( New Zealand 's largest import port) where 
labour hours were restricted by health and safety changes follow ing a fatality at the port in 
August  2020 and shortages in skilled labour due to restrictions on movement across international 
borders.  
 
A cross -agency group comprising a number of government departments was formed to actively 
monitor these issues, and worked with government and private sector partners to identify problems 
and potential solutions. The Ministry of Transport held a cross -industry workshop to assess how the 
market was responding to supply chain congestion and help facilitate market -led solu tions. This 
included considering port operations. The Government also facilitated applications for border 
exemptions and visas for skilled work hired from overseas to allow ports to increase their pool of 
labour hours and help improve its productivity, and  worked to mitigate potential obstacles to border 
clearances.  
 
Questions  
Para 4.156 (Page 121)  
In response to COVID -19, the New Zealand  Government has taken steps to support New Zealand 's 
tourism sector. In 2020, immediate support came from economy -wide st imulus measures, including 
NZD 1.8 billion through a Wage Subsidy scheme and NZD 285 million through a Small Business Cash 
Flow scheme. A NZD 400 million Tourism Recovery Fund was introduced in 2020, providing funding 
for a range of support initiatives inc luding a Strategic Tourism Assets Protection programme to 
protect core tourism assets and offerings; a Tourism Transitions Programme to deliver advice and 
support to tourism businesses on issues such as how to pivot towards the domestic market, scale, 
back or hibernate operations, and how to build digital capability; and the New Zealand  Tourism 
Futures Taskforce, established to identify changes that could be made to the tourism system to 
enrich New Zealand  and enhance community well -being.  
 
Question:  
1. On building digital capability, what are the capacity building or upskilling initiatives that the 
New Zealand  government has implemented to upskill members of the formal and informal economy 
for safe transactions and market access?  
 
Response:  
The New Zealand  Government contributed NZD 10 million for digital capability building for 
businesses in New Zealand 's tourism industry through the 2020 Tourism Recovery Package.  
 
This included NZD 5 million to support digital capability in the tourism industry through th e Digital 
Capability Service, established by the Ministry of Business, Innovation and Employment (MBIE). This 
service is managed through Qualmark and Tourism New Zealand  to help tourism operators access 
specialist advice to lift their digital capabilities . Areas of available support include digital marketing, 
website performance and social media content and creation.   
 WT/TPR/M/426/Add.1  
 
- 142 - 
 
  This programme has a practical focus,  with tourism operators able to improve their knowledge,  
practical capabilities and help implement new tools or strategies. After a series of workshops, tourism 
businesses were provided with tailored one -on-one sessions to focus on their digital needs for the 
continuity of their business.  
 
The funding for this service helped almost 1000 tourism operators to  access specialist advice to lift 
their level of understanding in digital capability . The programme will finish in June 2022.  
 
In addition, NZD 5 million was provided to supplement an existing and economy -wide digital 
enablement program for small businesse s, called Digital Boost. This funding helped tourism 
operators find and use the right tools to digitise their businesses and engage with the market. This 
was designed to improve the digital engagement of New Zealand 's tourism operators and to allow 
busines ses to focus on new markets while international travel restrictions were in effect. Digital 
Boost included the following initiatives:  
 
• A Spotlight Series where small business owners who had recently transformed their business 
by becoming digital could share their experiences with other small business owners.  
• Delivery of digital skills training and support focused on enabling small -medium tourism 
businesses to benefit from digitising their business.  
• Working with the private sector to compile th e most relevant digital tools, technologies, 
products, and services to support small businesses and their digital capability.  
 
More information on Digital Boost can be found here: https://digitalboost. business.govt.nz/ . 
 
Questions  
 
Para 4.159 (Page 122)  
To support access to information about the tourism industry, the MBIE developed the Tourism 
Evidence and Insights Centre (TEIC), in collaboration with representatives from the tourism industry, 
academia,  and central and local government. The TEIC, launched in 2021, provides a central location 
for tourism data, reports, and articles and includes an interactive hub for sharing tourism data and 
insights to help measure the impact of tourism on New Zealand . 
 
Questions:  
1. On the establishment of the TEIC, what are the approaches of New Zealand  to open and 
expand its collaboration initiatives on a wider scale (e.g., providing tourism data/insights to its 
neighboring countries) to encourage an inclusive and inte ractive promotion of the tourism sector in 
the Pacific region?  
 
Response:  
There are currently no plans to provide data to other countries using the TEIC. However, 
New Zealand  is involved in several broader tourism data initiatives in the Pacific, which the  Ministry 
of Foreign Affairs  and Trade (MFAT) assists other agencies or organisations to deliver, through 
International Development Cooperation (IDC). Through IDC,  MFAT provides resourcing for the 
following initiatives:  
 
• The Pacific Tourism Data Initiative (PTDI),  managed by the New Zealand  Tourism Research 
Institute (NZTRI) within Auckland University of Technology. The PTDI delivers international visitor 
surveys, business confidence indexes and community attitudes surveys.  The PTDI currently oper ates 
in Cook Islands, Papua New Guinea, Niue, Samoa, Solomon Islands, and Vanuatu and Yap 
(Federated States of Micronesia) and is also setting up in Tonga, Timor Leste and Kiribati.  
 
Information can be found here : https://www.nztri.org.nz/visitor -research/pacific  
 
• The Pacific Tourism Organisation (SPTO) Tourism Statistics and Data Strategy, which is  partly 
funded by New Zealand .  
 
Information can be found here: https://southpacificislands.travel/rtrc/  
 
• The P acific Tourism Research Symposium. Delivered by SPTO, this event was held in 
November and December of 2021 to coordinate future Pacific tourism data planning and 
delivery.  WT/TPR/M/426/Add.1  
 
- 143 - 
 
  Information can be found here: https://sdd.spc.int/events/2021/11/pacific -islands -tourism -
research -symposium  
 
• New Zealand  also funds the South Pacific Commission's Pacific Data Hub in collaboration with 
Australia's Department of Foreign Affair s and Trade. Although this is not strictly a tourism initiative, 
some tourism data is coordinated by the Hub.  
 
Information can be found here: https://pacificdata.org/data/d ataset/international -tourism -earnings  
 
Through MFAT, New Zealand  also supports a number of wider bilateral tourism development 
programmes in Niue, Samoa, Solomon Islands, Timor Leste and Vanuatu . Some of these 
programmes include tourism data or research components.  
 
Government Report  
 
Questions  
 
Para 2.9 (Pages 5 to 6)  
Businesses and trade will play a fundamental role in the transition to a low carbon economy. The 
Government has invested NZD 300 million to recapitalize New Zealand  Green Investmen t Finance 
and became the first country in the world to pass legislation requiring all listed companies and large 
financial institutions to report on their climate related risks. Other measures have been introduced, 
including shifting public institutions an d businesses to clean energy, requiring Crown Financial 
Institution investments be carbon neutral by 2050, introducing green bonds, and recycling revenues 
from the Emissions Trading Scheme to help finance the low carbon transition. New Zealand  recently 
committed to provide NZD 1.3 billion in climate finance for developing countries over 2022 -2025, a 
fourfold increase from its previous commitment. At least 50% of this funding will go to the Pacific.  
 
Questions:  
1. How does the New Zealand  government plan to ensure that its current transition to a low 
carbon economy could not lead to higher debt for the private sector? What are the specific plans of 
New Zealand  in helping small businesses recover from closures due to the pandemic and its low 
carbon transition?   
2. What are the effects of the new legislation in the sourcing requirements of New Zealand  
companies which are importing products from other countries?  
3. What are New Zealand 's mechanisms to ensure that the new legislation will not create 
unnecessary o bstacles/barriers to trade?   
 
Response:  
1. Since 2021, COVID -19 outbreaks have necessitated the introduction of various financial 
support measures for businesses and employees directly affected by the pandemic. The measures 
include:  
• During the peak of the Omicron outbreak, the COVID -19 Support Payment (CSP) helped 
support viable and ongoing businesses or organisations which had experienced a 40% or more 
drop in revenue due to the outbreak. (Applications for the CSP have now closed).  
• The Short -Term Absence Payment, available to employers to pay workers who follow public 
health guidance and stay home while waiting for a COVID -19 test result . This is also available 
to eligible self -employed workers. To be eligible, workers need to be u nable to work from 
home and need to miss work while waiting for their test results.  
• The COVID -19 Leave Support Scheme, available to employers to help pay employees who 
have been advised to self -isolate because of COVID -19 and can't work from home. This i s also 
available to eligible self -employed workers.  
• The Small Business Cash Flow Loan Scheme, providing loans to small businesses, including 
sole traders and the self -employed, impacted by COVID -19 to support their cash flow needs.  
• The Events Transitio n Support Payment scheme, covering non -recoverable costs incurred by 
event organi zers for COVID -19-related cancellation of large -scale events, including many 
business events.  
• The Arts and Culture Event Support scheme, covering non -recoverable costs incur red by event 
organisers for COVID -19-related cancellations of some arts and culture events.  
 
New Zealand 's Emissions Reduction Plan contains a range of measures supporting businesses to 
transition, including some specific measures that have been put in pla ce like the Government WT/TPR/M/426/Add.1  
 
- 144 - 
 
  Investment in Decarbonising Industry that will reduce the level of private sector debt required to 
reduce emissions.  
 
2. The Financial Sector (Climate -related Disclosures and Other Matters) Amendment Act 2021 
requires approximately 2 00 large financial markets institutions ( reporting entities ) to prepare climate 
statements in accordance with standards issued by New Zealand 's External Reporting Board ( XRB). 
The XRB is consulting on the content of the standards with the expectation that the first climate 
standards will be issued in December 2022. However, the XRB  intends to require reporting consistent 
with the recommendations issued by the Taskforce on Climate -related Financial Disclosures ( TCFD ) 
in 2017 which are international best prac tice. The TCFD recommended 11 sets of disclosures under 
four headings: governance, strategy, risk management, and metrics and targets.  
 
In its latest consultation document, the XRB proposes that reporting entities will disclose their 
scope  1, scope 2 and s cope 3 emissions under the "metrics and targets" heading. At this stage the 
requirement that will be in the final issued standard is not yet known . However, scope 3 emissions 
include indirect emissions that occur in the value chain of the reporting entity,  including both 
upstream and downstream emissions. The scope 3 category therefore includes purchased goods and 
services. If the scope 3 category is included in the final standard then New Zealand  companies will 
have to report on their upstream emissions in cluding as this relates to the sourcing of 
products/materials from overseas .  
 
3. New Zealand  strives to design and implement high quality legislation that is fit for purpose. 
All legislation adopted by New Zealand  must follow the New Zealand  Legislation D esign and Advisory 
Committee (LDAC) guidelines, which includes considering any implications for New Zealand 's 
international obligations, including possible barriers to trade. Further, New Zealand 's Cabinet Manual 
requires Ministers, when submitting bills f or the legislative programme, to draw attention to any 
aspects of a bill that have potential implications for, or may be affected by, international obligations, 
such as those under the WTO agreements.  Accordingly, legislation or regulations that are identi fied 
to have possible trading impacts, such as the emissions reduction legislation, are reviewed by 
dedicated policy and legal analysts to ensure consistency with New Zealand 's international trade 
obligations.  
 
The LDAC Guidelines are available here: http://www.ldac.org.nz/about/updates/legislation -
guidelines -2021-edition -now-available/   
 
Questions  
 
Para 2.22 (Page 7)  
The Government introduced Industry Transformation Plans (ITPs) in 2019 to support its economic 
goal of building a productive, sustainable and inclusive economy. ITPs aim to transform key 
industries through partnerships between government, industry (busines ses and workers) and Māori. 
Eight ITPs are in progress: agritech, advanced manufacturing, construction, digital technologies, 
fisheries, food and beverage, forestry and wood processing and tourism. ITPs have 20 -30 years 
vision to lift productivity through scaling up highly productive and internationally competitive clusters 
in areas where New Zealand  has a comparative advantage, and to transform environmental and 
labour market outcomes.  
 
Questions:  
New Zealand 's rapid ageing population poses challenges to potential productivity and fiscal 
sustainability. How does the country intend to address the challenges brought about by its ageing 
workforce? Does the ITP's investments regime which aims to lift productivity include provision on 
participatio n of foreign workers in the eight sectors covered?  
 
Response:  
One means of managing pressures created by an aging population is to enable older people to 
continue to work for as long as they wish. New Zealand  already has high rates of participation by 
older people in the workforce and the share of people aged 65+ in paid employment has grown 
steadily over the past two decades .  
 
The Government's current goals are to minimise barriers to participation by older people in 
employment . The national pension does not have an income or asset test, meaning that it does not 
create financial disincentives to work. The Government also released an Older Workers Employment WT/TPR/M/426/Add.1  
 
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  Action Plan in April 2022, which aims to identify and address barriers to sustainable employment for  
older people at risk of poor labour market outcomes .   
 
Industry Transformation Plans (ITPs) focus on lifting productivity to drive toward higher wages, 
higher skilled and lower emissions sectors. To achieve this, ITPs take a broad approach when 
consideri ng workforce needs including areas such as skills development, worker transitions, health 
and safety, and increasing the attractiveness of the sector.  
 
Questions  
 
Para 3.15. (Page 10)  
New Zealand  has advanced Indigenous trade goals in plurilateral inclusiv e trade initiatives, such as 
the Inclusive Trade Action Group (ITAG) and the Digital Economy Partnership Agreement (DEPA). 
The Australia and Aotearoa -New Zealand  Indigenous Collaboration Arrangement (2020) promotes 
cooperation for Indigenous peoples includ ing in trade and the economy. Indigenous economic 
empowerment was also a focus of New Zealand 's APEC 2021 hosting and will continue to be 
prioritized.  
 
Questions:  
1. In advancing the interest of indigenous people among member -states, what are the key 
secto rs that were considered for trade and promotion?  
2. What are the incentives or exemptions provided on certain indigenous -identified products?  
 
Response:  
1. Māori interests in NZ's international trade agreements are broad and include goods, services, 
intellectual property, e -commerce and investment, reflecting the diverse range of interests in the 
Māori economy and may vary to some extent depending on the mark et.  
 
In the recently concluded NZ -UK FTA, key Māori interests included a substantial chapter on trade 
and indigenous issues consistent with the approach to strengthen Māori -Crown relations, and special 
recognition of the Treaty of Waitangi.  
 
The DEPA spec ifically includes a Module on Digital Inclusion that recognises the importance of 
facilitating opportunities and cooperation between Indigenous Peoples. The Module itself was 
negotiated in consultation with Indigenous Māori partners.  
 
ITAG contains specifi c cooperative activities aimed at enhancing economic opportunities for Māori.  
 
2. Māori interests in trade is wide ranging. There is a high level of participation of Māori 
enterprises in the primary sector and for that reason New Zeland looks to prioritise these interests 
in all FTA and multilateral negotiations. For example in the UK -FTA early tarrif elimination was 
prioritised on a range of products of interest to Māori, including honey, seafood and horticultural 
goods.  
 
More examples can be found here: https://www.mfat.govt.nz/en/trade/trade -engagement -with-
maori/ . 
 
Questions  
 
Para 3.18 (Page 11)  
New Zealand  has sought to advance Māori and Indigenous interests in its FTAs. The Agreement 
between New Zealand  and the Separate Customs Territory of Taiwan, Pengh u, Kinmen, and Matsu 
on Economic Cooperation (ANZTEC) includes an Indigenous cooperation chapter. The NZ -UK FTA 
(currently being negotiated) includes: early tariff elimination on a range of key products important 
to Māori businesses; cooperation provisions  in the Intellectual Property Chapter; Māori perspectives 
and concepts in the Environment Chapter; a specific Māori trade and economic cooperation chapter; 
and the Te Tiriti o Waitangi/Treaty of Waitangi exception clause. Extensive engagement with Māori 
contributed to these initiatives and outcomes.  
 
Questions:  
1. What are the initiatives considered for the Trade Facilitation agreements and how does it 
differentiate indigenous products from non -indigenous products?  WT/TPR/M/426/Add.1  
 
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  2. On the NZ -UK FTA, what are the products  considered for early tariff elimination and what 
criteria was considered for tariff elimination by both parties?  
 
Response:  
1. ANZTEC contains an Indigenous Cooperation Chapter that enhances cultural and people -to-
people links between the indigenous peopl e of Chinese Taipei and Māori, as well as expand and 
facilitate trade. This includes initiatives such as exchange of experiences, development of direct 
contacts, indigenous personnel exchanges, and promotion of relations between indigenous peoples 
on broad casting. It also includes promotion of stronger relationships between Māori exporters and 
the Separate Customs Territory of Taiwan, Penghu; and between Indigenous exporters in the 
Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu and New Zeala nd importers. The 
Agreement does not explicitly differentiate between indigenous and non -indigenous products.  
 
The NZ -UK FTA contains a dedicated Māori Trade and Economic Cooperation chapter focused on 
promoting cooperation between the Parties to enable an d advance Māori economic and wellbeing 
aspirations, for example through cooperation to enhance the ability of Māori -owned enterprises to 
access and benefit from the trade and investment opportunities created under the FTA.  
 
The NZ -UK FTA does not differen tiate indigenous products and non -indigenous products, but rather 
improves goods market access for many products that Māori export businesses identified as being 
most relevant, including sheep meat, beef, fish and fish products, dairy, horticulture product s and 
honey. Engagement with Māori, together with independent studies on Māori interests in the NZ -UK 
FTA, identified these interests in the primary sector. Māori enterprises account for 40 % of 
New Zealand 's forestry, 50 % of the country's fishing quota, 30 % of sheep and beef production and 
10% of dairy production.  
 
2. The New Zealand -United Kingdom Free Trade Agreement is a high -quality agreement in which 
both sides agreed to eliminate all tariffs without exception. Immediately upon entry into force of the 
agreement, tariffs will be eliminated on 96.7% of the UK's tariff lines, and 10 0% of New Zealand 's 
tariff lines, for originating products from each country .  
 
New Zealand 's priority in the goods negotiations was to ensure that key products of trade interest 
were able to enter the UK duty free from entry into force, either through tar iff elimination (including 
on key dutiable exports including wine, honey, horticultural, seafood and industrial products), or 
through duty -free transitional quotas (for butter, cheese, beef and sheepmeat, which will be in place 
for 5-15 years before being eliminated) . As a result, 99.5% of New Zealand 's current trade to the 
United Kingdom will enter the UK duty -free upon entry into force of the agreement; 100% of tariff 
lines will be subject to tariff elimination once the agreement is fully implemented.  
 
Questions  
 
Para 4.20 (Page 14)  
Since 2018, New Zealand  has opposed the inclusion of investor -state dispute settlement (ISDS) 
provisions in future FTAs. This includes the application of ISDS to New Zealand  in plurilateral 
agreements like the Comprehensive a nd Progressive Agreement for Trans -Pacific Partnership 
(CPTPP) and the Regional Comprehensive Economic Partnership (RCEP). There is no current 
application of ISDS in RCEP. In CPTPP, New Zealand  sought side -letters excluding compulsory ISDS 
between New Zealand and its negotiating partners. ISDS provisions in trade agreements negotiated 
before 2018 can still apply. New Zealand  is developing a domestic 'ISDS protocol' in consultation 
with Māori, to guide the Government's domestic preparation in the event an IS DS case were ever 
brought against New Zealand  in which the Te Tiriti o Waitangi/Treaty of Waitangi exception might 
be relied upon. The protocol will contain procedure and practices that the New Zealand  Government 
would put in place where the Te Tiriti o Wa itangi/Treaty of Waitangi exception in our FTAs might be 
part of New Zealand 's defence.  
 
Questions:  
1. May we seek further clarification in setting 2018 as the baseline for excluding the application 
of ISDS for New Zealand  in future agreements? What is the  policy of New Zealand  for existing 
agreements signed before 2018 that are currently under review/upgrade negotiation? Would the 
same entail the need to renege from existing commitments once upgraded commitments have been 
signed?  
 WT/TPR/M/426/Add.1  
 
- 147 - 
 
  Response:  
Since 2018, New Zealand  government policy on ISDS changed to no longer include ISDS provisions 
in new free trade agreements .   
 
New Zealand  will discuss with affected partners how to approach FTA review or upgrade processes, 
although the starting point for New Zealand  is to seek to exclude the application of ISDS as the 
opportunity arises in cases where ISDS is already part of such agreements .  
 
New Zealand  will continue to comply with all of its commitments in its free trade agreements, 
including any outcome of upgraded free trade agreements, that it is party to.  
 
Questions  
 
Para 4.24 (Page 14)  
The New Zealand  Customs Service (NZCS) operates a Trade Single Window as part of the Joint 
Border Management System. It includes an electronic channel for the cargo and excise industries to 
submit information and receive responses from border agencies. NZCS's primary leg islation was 
amended in the Customs and Excise Act 2018. Certain importers can now declare provisional values 
for goods at the time of importation and NZCS can rule on appropriate valuation methods. Legislation 
introduced an internal review process so cust omers can easily appeal decisions. Customers can also 
apply to store business records outside New Zealand , including in the cloud.  
 
Questions:  
1. With regard to customers who can also apply to store business records outside New Zealand  
(including in the cl oud), do these business documents/records qualify as legally binding when it 
comes to post clearance audit of their customs administration? If so, does New Zealand  have its 
reglementary period in which customers can justify to keep these documents?  
2. Regarding the trade disruptions experienced by the NZCS at the height of COVID -19, what 
are the best practices or guidelines undertaken in support to traders/enterprises, especially the 
MSMEs, to lessen the negative effects of the pandemic?  
 
Response:  
1. New Zealand  Customs Service (Customs) does not distinguish between the status of business 
records based on how and where they are stored. In addition, almost all Customs' processes 
generally require copies of business documents to be provided in digital fo rmat (i.e. PDF) which it 
can then present/use as evidence should a file proceed to prosecution or some other legal process .  
 
All business records are required to be stored for seven years regardless of format . In addition, there 
are conditions that a comp any must accept in order for its Customs application to be accepted. The 
following provisions are relevant:  
 
• There must be a means for Customs to access businesses' data in the event that their 
contractual relationship ends, or the third party ceases to operate.  
• A business's records stored outside of New Zealand  must be able to be provided to Customs 
on request, in a usable format, and at no cost to Customs in obtaining the information.  
• The timeframe for providing access to records is within 24 hours for a transaction that is less 
than three months old, and within five days for a transaction which occurred more than three 
months prior.  
 
Businesses' storage arrangements must meet the requirements of the Contract and Commercial Law 
Act 2017 for storage o f electronic records (Sub Part 3 – Application of legal requirements to electronic 
transactions) which requires that:  
 
• the integrity of the information contained in the records is to be maintained, and  
• the information is readily accessible and can be used for reference.  
 
2. Most relevant trade facilitation measures were implemented by the New Zealand  Customs 
(Customs) pre -COVID -19 pandemic, through the effective adoption of the commitments of the WTO 
Trade Facilitation Agreement. This includes acceptan ce of digital trade -related documents, 
availability of documents and information online, advance rulings, use of technological advances, 
pre-clearance of goods and sophisticated risk management systems. Customs has also operated a WT/TPR/M/426/Add.1  
 
- 148 - 
 
  Trade Single Window syste m (TSW) since 2013. The TSW enables importers, exporters, freight 
forwarders, shipping lines, agents and others to remotely:  
 
• submit online craft and cargo information required by Customs (prior the goods arrive or 
depart into/from New Zealand ), the Mini stry for Primary Industries, Maritime New Zealand  
and the Ministry of Health;  
• receive responses from those agencies; and  
• register to get client codes required by the agencies.  
 
In addition, there were a wide range of specific COVID -related measures imp lemented to provide 
additional support to facilitate trade. An example of some of the key support measures included:  
 
• a small team set up to facilitate clearance of critical goods across the border,  
• an increase in the amount traders could have in their  differed payment accounts,  
• implementation of debt repayment plans for certain businesses and postponed scheduled fee 
increases.  
 
Customs also implemented arrangements for remote working/working from home for our officers 
and took various measures to ensure continuity of Customs operations across all departments, 
including among inspections officers.  
 
New Zealand  Customs also sponsored a set of best practice guidelines to facilitate the distribution 
of vaccines for APEC which can be located  here:  
http://mddb.apec.org/Documents/2021/CTI/CTI2/21_cti2_is11.pdf  
 
Questions  
 
Para 5.17 (Page 17)  
Transparency is an important element of subsidy reform. New Zealand  has undergone two voluntary 
peer reviews of its fossil fuel support measures using the APEC (2015) and OECD (2018) 
mechanisms. These found that New Zealand  does not have any fossil fuel su bsidies that encourage 
wasteful consumption, however the OECD review found that New Zealand  had nine remaining 
indirect support measures that could support fossil fuels. Three of these measures are now 
terminated and the Government committed in 2019 to eva luate the remaining indirect support 
measures and not introduce any new fossil fuel subsidies. Its evaluation was completed in 2021 and 
found that New Zealand  does not have any support measures that could directly or indirectly support 
the wasteful consump tion of fossil fuels. New Zealand  has the third highest share of renewable 
energy generation in the OECD and is working towards 100% renewable energy generation by 2030. 
Prices for energy products and services are set freely by the market. New Zealand  is a member of 
the Powering Past Coal Initiative and became an associate member of the Beyond Oil and Gas 
Alliance (BOGA) in 2021.  
 
Question:  
New Zealand  successfully eliminated all measures that encouraged fossil fuel -based consumption 
through Fossil Fuel Sub sidy Reform and now leading the first -of-its-kind Agreement on Climate 
Change, Trade and Sustainability (ACCTS), how will New Zealand  encourage other countries to 
practice the same? What is the predisposition for New Zealand  to take the lead in environment al 
talks and sharing of best practices in the next 10 years?  
 
Response:  
New Zealand  is a global leader on fossil fuel reform. We have been transparent in our own 
experiences in reforming fossil fuel subsidies and support measures through our APEC peer revi ew 
in 2015, and have organised seminars and workshops at the WTO, OECD, UNFCCC and elsewhere 
to help build knowledge of the benefits of fossil fuel subsidy reform.  
 
We have also established a number of networks to encourage action and information sharing 
amongst like -minded economies. New Zealand  promotes the benefits of reform through: our 
leadership in the group of countries in the 'Friends of Fossil Fuel Subsidy Reform'; bilateral, regional 
and multilateral fora – including the WTO CTE and TESSD, UNFCCC , and in APEC fora (where APEC 
economies agreed to a voluntary standstill on fossil fuel subsidies in 2021 during New Zealand 's host 
year); as well as in bilateral FTAs (such as the NZ -UK FTA).  
 WT/TPR/M/426/Add.1  
 
- 149 - 
 
  By taking the lead with the ACCTS initiative, we are demonst rating our willingness to lead by example 
in designing and implementing binding disciplines to eliminate harmful fossil fuel subsidies . The 
ACCTS will be an open plurilateral agreement, and we encourage all WTO Members willing to meet 
the same high standar ds to join us .  
 
The New Zealand  Government is committed to continuing our leading role in promoting mutually 
supportive trade and climate action. Sustainable and inclusive growth is at the heart 
of New Zealand 's Trade Recovery Strategy, designed to suppor t economic recovery during the 
COVID -19 pandemic.  
 
Questions  
Para 7.16 to 7.17 (Page 23)  
7.16. In October 2021, New Zealand  and the United Kingdom reached Agreement in Principle on the 
key elements of a new high quality, comprehensive and progressive FTA.  After finalization of the 
text and domestic approval, the NZ -UK FTA is expected to be signed in early 2022. The NZ -UK FTA 
supports diversification of New Zealand 's trading relationships under the Trade Recovery Strategy, 
and is an early example of FTA neg otiations that respond to the Trade for All recommendations. For 
the first time, dedicated chapters on Māori economic and trade interests, trade and gender equality 
and consumer protection have been included.  
 
7.17. The agreement is New Zealand 's first bilateral trade deal to include specific commitments on 
climate change and will also contain provisions eliminating environmentally harmful subsidies. This 
includes commitments to take steps to eliminate harmful fossil fuel subsidies, and to prohibit  
fisheries subsidies which lead to overfishing. The environment chapter will also prioritize the 
elimination of tariffs on at least 268 environmentally beneficial products – the largest environment 
goods list ever agreed in an FTA. For the first time in an  environment chapter, both sides will also 
acknowledge the perspective of Māori on the environment and will include Māori concepts such as 
kaitiakitanga and whakapapa.  
 
Questions:  
1. To what extent will Māori perspectives be consulted in the environmental provisions of future 
bilateral trade deals? Given the importance placed on the Māori Economy, please discuss 
New Zealand 's plan to explore further consultations of indigenous traditional knowledge in other 
areas, such as labor, gender equality, etc.  
2. In future bilateral trade dealings with countries with their own significant indigenous 
populations, how will the government of New Zealand  deal or consult with them regarding their 
perspectives on trade, environment, labor, gender equality, etc.?  
 
Respons e: 
1. Māori engagement is a critical focus in New Zealand 's trade negotiations . 
 
It is recognised that almost 50% of the total Māori asset base is invested in "climate sensitive" 
primary industries (forestry, agriculture, fishing and tourism), therefore it  is acknowledged that 
provisions that protect the environment protect Māori businesses.  
 
In New Zealand 's FTAs we seek to include Environment chapters that include commitments to avoid 
weakening or failing to enforce environmental laws to secure a trade a dvantage; to avoid using 
environmental regulations as a disguised restriction on trade; and to implement obligations in 
multilateral environmental agreements.  
 
The Aotearoa ki te Ao: Māori Trade Opportunities programme agreed by government in 2019 
provides  four strategic pou (pillars) to enhance the Māori economy through trade, including focusing 
on delivering for Māori through FTA engagement, promotion and implementation; Protecting and 
supporting Matauranga Māori/Traditional Knowledge Values; Strengthenin g Indigenous International 
Connections; and Promoting Indigenous Trade Missions and Exchange Opportunities. Each of these 
form important considerations that will impact how Māori can and will engage in trade agreements.  
 
Since 2001 all of our agreements ha ve contained a Treaty of Waitangi clause that protects the 
New Zealand  Government's ability to adopt any policy it considers necessary to fulfil its obligations 
to Māori.  
 WT/TPR/M/426/Add.1  
 
- 150 - 
 
  2. In our current and future bilateral trade discussions, New Zealand  will continue to work to 
ensure that the interests of Māori are reflected in trade outcomes. Ensuring that indigenous peoples 
have a voice in trade policy and outcomes is critical. We acknowledge the vital role that indigenous 
people play globally and encourage all econ omies to have open and productive partnership with 
Indigenous peoples from those economies.  
 
For New Zealand , partnership between the government and Māori leaders and organisations on trade 
issues is key. We are aware that our Māori partners are in corresp ondence with Indigenous groups 
throughout the world and that they connect with them on issues of trade including with respect to, 
environment, labour, intellectual property, goods and gender.  
 
The Indigenous Peoples Economic and Trade Cooperation Arrangeme nt (IPETCA) provides an 
example of how Members, in partnership with Indigenous Peoples, can strengthen the economic 
empowerment of Indigenous Peoples in the Asia Pacific region and ensure that Indigenous Peoples 
have a central role in designing, implementi ng and overseeing instruments . A key outcome from this 
process was the direct engagement between respective Indigenous peoples to ensure that their 
collective interests were reflected in the negotiation. More information is available here:  
https://www.mfat.govt.nz/en/trade/nz -trade -policy/the -indigenous -peoples -economic -and-trade-
cooperation -arrangement/ . 
 
Questions  
 
Para 7.2 0 (Page 24)  
New Zealand  has a number of negotiations underway, in line with its trade diversification goal. 
New Zealand  is working with the European Union to bring FTA negotiations to a successful conclusion 
and deliver a high-quality, comprehensive agreement to foster even greater economic connection 
with the European Union's 27 -member states. The European Union is alread y New Zealand 's fourth 
largest trading partner with two -way goods and services trade of NZD 16.5 billion. It is expected 
that the FTA will deliver significant outcomes in the goods, services and investment sectors, and 
include ambitious outcomes  on social and environmental priorities. New Zealand  and its AANZFTA 
partners are engaged in Upgrade Negotiations to ensure AANZFTA's relevance to changing business 
and trade practices and to improve exporter access. New Zealand  is negotiating a free trade 
agreement with the Pacific Alliance that will improve economic links with the Latin American regional 
group of Chile, Colombia, Mexico and Peru. New Zealand  is breaking new ground in negotiations on 
an Agreement on Climate Chan ge, Trade and Sustainability (ACCTS) with six partners. New Zealand  
substantively concluded FTA negotiations with the Gulf Cooperation Council (GCC) in 2009. However, 
the agreement never entered into force. New Zealand  is in discussion with the GCC on next  steps.  
 
Questions:  
1. In all pending and forthcoming FTA negotiations, including upgrades on existing FTAs, what is 
the possibility that New Zealand  will also include recommendations on commitments for climate 
change, gender equity, rights of indigenous p eoples, etc.?  
2. When does New Zealand  expect to complete discussions with the GCC in order to proceed to 
the next step of entry into force?  
3. Given the long process of ratifying the FTA with GCC, please discuss New Zealand 's plans to 
facilitate its rati fication. What are the chances that New Zealand  will pursue bilateral FTAs with 
member countries instead?  
 
Response:  
1. New Zealand  now seeks to secure FTA outcomes on trade and sustainability, including climate, 
gender equality and trade and indigenous pe oples with all of its FTA partners. Where it is ultimately 
not possible to secure such outcomes through FTA negotiations, New Zealand  will work to see what 
may be possible through other bilateral and plurilateral arrangements in order to advance trade 
outcomes reflecting the Trade for All agenda.  
 
2. New Zealand  reengaged with the GCC on the FTA from March 2022. Given the lapse of time 
since the 2009 outcomes both sides want to ensure that the FTA is still fit for purpose. Both sides 
have agreed to progress  discussions as quickly as possible but there is as yet no agreed timeline.   
 
3. New Zealand  and the GCC are focused on reengagement in the FTA process including any 
changes required to make it a modern and high quality agreement. Ratification is not a con sideration 
at this point. Given both sides have the 2009 outcomes to work from, concluding a New Zealand -WT/TPR/M/426/Add.1  
 
- 151 - 
 
  GCC Agreement is the most efficient way at present for strengthening trade between New Zealand  
and the region and remains New Zealand 's focus.  
 
Questions  
NZTE reports that the pandemic has negatively impacted the Philippine retail and food service sectors 
(major channels from New Zealand  food and beverage exports). Traditional importers and 
distributors of New Zealand  products appear hesitant to i ntroduce new brands into the market and 
are choosing to focus on growth from their existing portfolio of products, rather than invest in new 
product launched or brand development. How can New Zealand  aid in providing consumer optimism 
and what is the count ry's approach or plans to boost trade and investment with the Philippines?  
 
Response:  
At the height of the COVID -19 pandemic, global restrictions resulted in it being extremely difficult 
for local importers and partners to engage with New Zealand  exporters . With COVID -19 restrictions 
being downgraded, NZTE has implemented a number of initiatives to help address this. These 
include:  
 
• An increase in the number of NZTE customers travelling into market;  
• An increase in face -to-face meetings between NZTE peop le, customers and contacts based 
the Philippines; and  
• An increase in the number of events being held to which stakeholders in the Food and 
Beverage sector are being invited.  WT/TPR/M/426/Add.1  
 
- 152 - 
 
  SAUDI ARABIA, KINGDOM OF  
Secretariat Report (WT/TPR/S/426)  
 
4 TRADE POLICIES BY SECTOR  
4.4 Services  
4.4.2 Telecommunications  
4.4.2.3 Digital inclusion and cybersecurity  
 
Paragraph 4.118 page 116  
"The Government is currently developing a Digital Strategy for New Zealand , which will set out the 
goals, priorities, and activities for short - and longer -term goals. The Strategy will be structured 
around three key themes: trust, inclusion, and growth. Ac cording to the authorities, public 
consultation on the development of this strategy has recently concluded and the final strategy will 
be published in early  2022."  
 
Question:  
Could you please elaborate more on the New Zealand  Digital Strategy?  
 
Response:  
The Digital Strategy for Aotearoa ( New Zealand ), currently being finalised, is intended as a forward -
looking, national strategy designed to inform government policy and action in respect of digital 
policy. It will set out New Zealand 's key goals and help us  to identify core priorities and activities for 
the short to medium term (in the next 2 to 5 years), along with longer term results (out to 2031 
and beyond).  
 
It is framed around the three interrelated strategic themes of Mana Tika – Trust; Mana Tahi – 
Inclusion; and Mana Ake – Growth, supported by aspirational goals. It seeks to address a wide range 
of challenges and opportunities ranging from cyber security to equitable digital access, the role of 
digital to improve business productivity and to help deve lop solutions to climate change issues, and 
investment in fit -for-purpose digital infrastructure, as well as skills and education. The Strategy will 
be implemented through an Action Plan, which will be refreshed annually with mechanisms for 
regular measure ment and strategy adjustment .  
 
The Strategy is still being finali zed, and it is expected to be released in the third quarter of 2022.  WT/TPR/M/426/Add.1  
 
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  SINGAPORE  
Questions  
 
2.4. Foreign Investment Regime  
 
Page 36 (Para 2.46)  
1. The WTO Secretariat Report notes that New Zealand  introduced a national interest test to 
review foreign investments in June 2020. Are there specific factors that are considered under the 
national interest test, and if so, what are these factors?  
 
2. The WT O Secretariat Report also notes that foreign government investors that operate 
independently from the Government can apply for an exemption from the national interest 
requirement. Have there been applications for an exemption to the requirement, and if so,  how 
many of these have been successful?  
 
Response:  
1. The starting point for the national interest assessment is that overseas investment is in 
New Zealand 's national interest. For any mititation action to be imposed via the national interest 
test, relev ant factors in the proposed investment must be contray to 'national interest'.  
 
The Minister may consider specific factors under the national interest test such as:  
 
• National security, public order, and international relations;  
• Market structure;  
• Economic and social impact;  
• Alignment with New Zealand 's values and interests, and;  
• Broader policy settings.  
 
Consideration is also given to a broader range of factors, for example to give better effect to Te Tiriti 
o Waitangi (The Treaty  of Waitangi).  
 
More information on how the national interest test is operationalised can be found here:  
https://www.treasury.govt.nz/ publications/guide/foreign -investment -policy -and-national -interest -
guidance   
 
2. There have been four applications for exemption from this requirement. Two exemptions have 
been granted and the remaining two are still being assessed by the Overseas Investment Office.  
 WT/TPR/M/426/Add.1  
 
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  SRI LANKA  
Question  
New Zealand  has stated in the WTO committees that its dairy sector is not subsidized and due to 
their farmers ' efficiency, their products can compete in the international markets. It is, however,  
observed in the Reports and from the responses provided that the New Zealand 's dairy sector is 
benefitting from Sustainable Food and Fibre Futures (SFFF) programme. It is stated that the sector 
under 'Resilient Dairy programme ' seeks to drive improvements in the health and wellbeing of the 
national dairy herd and a step -change in sustainable milk production. It is very interesting to gather 
more information on this programme, particularly on the amount of outlay being given to t he diary 
sector and how far such funding had help dairy farmers in increasing their production and incomes, 
which gives the dairy industry an added comparative advantage enabling them to compete in the 
international markets, including in Sri Lanka, which m aintains very low applied tariffs.  
 
Response:  
The Resilient Dairy Programme is a research and advisory programme, funded under the now retired 
Provincial Growth Fund. The Resilient Dairy Programme is co -funded with industry and provides no 
direct support to dairy farmers. As a research and advisory programme it is not considered to have 
an effect on dairy farmer 's production or incomes, nor any trade distortionary effects in international 
markets. Further information on the retired Provincial Growth fund c an be found in the relevant 
WTO notification G/AG/N/NZL/132 . 
 
More broadly, the New Zealand  dairy sector has access to New Zealand 's contestable funds such as 
the Sustainable Food and Fibre Futures (SFFF) programme. Funding applications are assessed to 
ensure consistency with international obligations and New Zealand 's trade policy settings. Further 
information on how the dairy industry has accessed the SFFF can be found in the relevant 
WTO notification G/AG/N/NZL/132, and in the annual review on the Minist ry for Primary Industry 's 
website and related pages: Sustainable Food and Fibre Futures | Funding and rural support | NZ 
Government (mpi.govt.nz) . 
 WT/TPR/M/426/Add.1  
 
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  SWITZERLAND  
Secretariat Report  
 
Questions  
Para 3.26:  Paragraph 3.26 states that there are 37 "other" lines applied to parts and components 
for which the tariff varies subject to the machinery, appliance, or equipment they are assigned t o. 
 
Question 1:  
Could New Zealand  provide the exhaustive list of the 37 "other" lines with the corresponding tariffs?  
Question 2:  
Which changes resulted from the introduction of the HS2022?  
 
Response:  
MFN rates listed as 'Parts'  
1. New Zealand 's tariff schedule contains 37 tariff lines for which the ad valorem tariff rates have 
been listed as 'Parts' – this list is provided below. This means that the tariff rate applied will depend 
on the exact nature of the goods. For example:  
- goods imported un der tariff line 4016.99.79 are a type of vehicle part and are subject to the 
tariff rate applicable to the vehicle for which the part was designed .  
- goods imported under tariff line 9112.20.00 include clock cases and are subject to the rate 
applicable to  the clock for which the case was designed.  
 
 
HS Code Product Description MFN Rate
4016.99.79 --- Parts and accessories of goods falling within heading 87.16 Parts
6117.90.00 - Parts
Parts
6217.90.00 - Parts Parts
8431.49.01 --- Excavating parts other than those of subheading 8431.41 Parts
8431.49.19 --- Of machinery of heading 84.26 Parts
8448.32.00 -- Of machines for preparing textile fibres, other than card clothing Parts
8483.10.11 --- Designed for use solely or principally with a particular machine or appliance Parts
8483.20.01 -- Designed for use solely or principally with a particular machine or appliance Parts
8483.30.01 -- Designed for use solely or principally with a particular machine or appliance Parts
8483.40.20 --- Other Parts
8483.50.11 --- Designed for use solely or principally with a particular machine or appliance Parts
8483.60.01 -- Designed for use solely or principally with a particular machine or appliance Parts
8483.90.01 -- Designed for use solely or principally with a particular machine or appliance Parts
8509.90.00 - Parts Parts
8516.90.00 - Parts Parts
8547.10.00 - Insulating fittings of ceramics Parts
8547.20.00 - Insulating fittings of plastics Parts
8547.90.09 -- Other Parts
8716.90.09 -- Other Parts
9032.90.00 - Parts and accessories Parts
9033.00.00Parts and accessories (not included or specified elsewhere in this chapter) for machines, 
appliances, instruments or apparatus of Chapter 90 Parts
9112.20.00 - Cases Parts
9112.90.00 - Parts Parts
9306.29.19 ---- Other Parts
9306.30.39 --- Other Parts
9508.10.00 - Travelling circuses and travelling menageries Parts
9508.90.19 -- Travelling theatres Parts
9620.00.13 -- For use solely or principally with the apparatus of heading 85.19 or 85.21 Parts
9620.00.17-- For machines, appliances, instruments or apparatus of Chapter 90, not specified or included 
elsewhere Parts
9620.00.23 -- For use solely or principally with the apparatus of heading 85.19 or 85.21 Parts
9620.00.27-- For machines, appliances, instruments or apparatus of Chapter 90, not specified or included 
elsewhere Parts
9620.00.33 -- For use solely or principally with the apparatus of heading 85.19 or 85.21 Parts
9620.00.37-- For machines, appliances, instruments or apparatus of Chapter 90, not specified or included 
elsewhere Parts
9620.00.43 -- For use solely or principally with the apparatus of heading 85.19 or 85.21 Parts
9620.00.47-- For machines, appliances, instruments or apparatus of Chapter 90, not specified or included 
elsewhere Parts
9620.00.53 -- For use solely or principally with the apparatus of heading 85.19 or 85.21 Parts
9620.00.57-- For machines, appliances, instruments or apparatus of Chapter 90, not specified or included 
elsewhere PartsHS2017 (as at 2021)
New Zealand
WT/TPR/M/426/Add.1  
 
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  2. There were no changes as a result of HS2022 – the same 37 tariff lines are identified as "Parts" 
as in HS2017.  
 
Questions  
 
3.1 Measures directly affecting imports - 3.1.3 Tariffs – 3.1.3.2 Bound tariff (page 46 – 
paragraph 3.32 and table 3.4)  
 
Para 3.32:  According to paragraph 3.32 and table 3.4 the MFN applied rates exceed the bound rates 
for two tariff lines.  
 
Question 3:  
Could New Zealand  indicates how and when it intends to bring its applied r ates in compliance with 
its bound rates for these tariff lines?  
 
Response:  
These tariff lines were created in 2012 when 8479.89.00 (Other/other) was split to accommodate 
two new subheadings for boarding bridges (.71 and .79). This was when over 190 ITA exp ansion 
items were included. These two lines could fall into either '0' or 25% Bound rates. Due to the limited 
coverage and small amount of trade, the rates were adjusted to '0' bound rate, while the applied 
rate incorrectly remained at 5%. New Zealand  is committed to ensuring consistency with bound 
rates. We are working on correcting these applied MFN rates, with likely implementation by the end 
of 2022.  
 
Questions  
 
4 TRADE POLICIES BY SECTOR  
4.1 Agriculture, Forestry, and Fisheries  
4.1.2 Border measures  
4.1.2.2 Export measures  
 
Para 4.9, 4.10 : Paragraph 4.9 and 4.10 indicate that Zespri still holds a quasi -monopoly on exports 
of kiwifruit to markets other than Australia.  
 
Question 4:  
Could New Zealand  indicate the reasons for maintaining a quasi -monopoly for exports of kiwifruit 
whereas no such  monopoly exists for other commodities? Does New Zealand  envisage abolishing 
the quasi -monopoly in the near future?  
 
Response:  
The New Zealand  Government notifies Zespri to the WTO as a State Trading Enterprise due to its 
automatic, but not exclusive, righ t to export kiwifruit to all markets except Australia with the 
objective of obtaining the best commercial return from world markets for producers in New Zealand  
(See New Zealand 's WTO notification G/STR/N/18/NZL of 2 July 2020.) There are no plans to refor m 
the current export system for the New Zealand  kiwifruit sector.  
 
Questions  
 
4 TRADE POLICIES BY SECTOR  
4.1 Agriculture, Forestry, and Fisheries  
4.1.1 Overview  
 
4.2. Over the period 2007 -16, growth in New Zealand 's total factor productivity in agricultu re (0.7%) 
lagged behind the OECD average (1.6%). As a consequence, New Zealand 's growth in agricultural 
output has relatively underperformed.2 There are a number of strategies aimed at increasing 
productivity, including "Fit for a Better World", which set actions to bring together opportunities that 
the Government considers will accelerate the productivity, sustainability, and inclusiveness of the 
primary sector.  
AND 
4.1.6 Environmental measures and sustainable management of resources  
4.25. Nearly half of New Zealand 's greenhouse gas (GHG) emissions come from agriculture. The 
main source of agricultural emissions is methane from ruminant animals. The Government is taking WT/TPR/M/426/Add.1  
 
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  steps towards addressing methane emissions, including through He W aka Eke Noa, the Primary 
Sector Climate Action Partnership.24  
 
4.26. The 2019 Climate Change Response (Zero Carbon) Amendment Act provides a domestic GHG 
emissions reduction target. This includes net zero emissions of all GHGs other than biogenic methane 
by 2050, and a 24% to 47% reduction below 2017 levels of biogenic methane emissions by 2050, 
including a 10% reduction by 2030. It also established the independent Climate Change Commission 
to provide expert advice and monitoring to help keep successive Gov ernments on track to meet 
long-term goals.  
4.27. Under the 2020 Climate Change Response (Emissions Trading Reform) Amendment Act, 
biogenic emissions from agriculture (methane and nitrous oxide) will be priced by 2025.  
4.28. He Waka Eke Noa, the Primary Sector Climate Action Partnership, a partnership between the 
Government, the primary sector, and Māori was established in 2019 to equip farmers to measure, 
manage, and reduce on -farm agricultural GHG emissions and enhance the sector's resilience to  
climate change  
 
Question 5:  
We commend New Zealand  for its progressive climate policies in the agricultural sector and the 
pricing of greenhouse gas emissions. We would like to ask New Zealand  whether the climate policy 
measures in agriculture affect prod uctivity in this sector and if so, what strategic directions the 
government envisages to achieve both climate and productivity objectives?  
 
Response:  
Under the 2020 Climate Change Response (Emissions Trading Reform) Amendment Act, emissions 
from agricultur e will be priced by 2025. The Act requires responsible Ministers to report publicly on 
a system for pricing the emissions from agricultural production by the end of 2022.  
 
As part of the process for pricing emissions, the He Waka Eke Noa Primary Sector Cl imate Action 
Partnership was formed as a partnership between government, the primary sector, and iwi/Māori to 
equip farmers and growers to measure, manage, and reduce on -farm agricultural greenhouse gas 
emissions and adapt to climate change. This work is d esigned to enable sustainable food and fibre 
production for future generations. Details of the measure remain under active consideration. It is 
not possible to provide information at this time on potential impacts on productivity 
(i.e. effectiveness of pro ductive effort measured in terms of the rate of output per input) in the 
agriculture sector.  
 
The He Waka Eke Noa website is available here: https://hewakaekenoa.nz/ . 
 
Government Report  
 
Questions  
 
5 MULTILATERAL IN ITIATIVES  
5.1 World Trade Organization (WTO)  
 
Para 5.2:  Switzerland appreciates New Zealand 's excellent engagement to promote the necessary 
reform of the WTO in support of the multilateral trading system.  
 
Question 6:  
Could New Zealand  elaborates on its priorities in the context of the WTO reform? To what extent are 
these priorities pursued in regional and free trade agreements?  
 
Response:  
On dispute settlement reform, New Zealand  remains committed to finding a multilateral solution to 
the current impasse as soon as possible . Binding dispute settlement is critical to the rules -based 
multilateral system which underpins the WTO . As a demonstration of this commitment, New Zealand  
is also party to the Multi -Party Interim Appeal Arbitration A rrangement (MPIA) as a stop -gap 
measure until a fully -functioning dispute settlement system is restored.  
 
More generally, New Zealand  welcomes the opportunity to work with Members on supporting 
institutional improvements across the WTO's other core functions of monitoring and negotiation.  
 WT/TPR/M/426/Add.1  
 
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  All of New Zealand 's regional and free trade agreements are developed within the framework of the  
WTO Agreement.  
 
Questions  
 
7 BILATERAL AND REGIONAL TRADE AGREEMENTS  
7.8 Digital Economy Partnership Agreement (DEPA)  
 
Para 7.15:  Switzerland congratulates New Zealand  and its partners for the conclusion of the Digital 
Economy Partnership Agreement (DEPA). DEPA is an innovative, high -standard and forward -looking 
agreement that establishes an interesting benchmark for digital trade agreements. Switzerland 
would like to g ain a better understanding of the functioning of this agreement.  
 
Question 7:  
How does DEPA interact with the digital trade chapters of CPTPP and RCEP?  
 
Question 8:  
Has New Zealand  conducted an economic impact assessment of DEPA? Would it possible to share  
insights of such an assessment?  
 
Question 9:  
We note that several WTO Members have expressed an interest in acceding to DEPA. Can 
New Zealand  provide further information how these accession processes will unfold?  
 
Response:  
7. There are certain provisions  in the DEPA that "affirm" commitments made in the CPTPP. There 
is no need to be a CPTPP or RCEP party in order to accede to the DEPA, although they all cover a 
number of aspects of doing business in the digital economy. Like those earlier agreements, the DEPA 
also includes provisions on Customs Duties (Article 3.2), Domestic Electronic Transactions 
Framework (Article 2.3), Personal Information Protection (Article 4.2), Online Consumer Protection, 
Paperless Trading (Article 2.2), among others.  
 
The DEPA ho wever goes further, and includes a number provisions that are not present in the CPTPP 
or RCEP as part of its comprehensive approach to the broader digital economy. For example, DEPA 
contains provisions on Digital Inclusion (Article 11.1) and the ethical u se of artificial intelligence 
(Article 8.2) that are not present in the CPTPP or RCEP agreements .  
 
8. New Zealand  has not to date conducted an economic impact assessment for the DEPA. We 
have conducted a National Interest Assessment (NIA) for the DEPA, which is conducted for all trade 
agreements the New Zealand  governments enters into. The NIA assesses the likely cos ts and 
benefits for New Zealand  entering into the FTA, and whether it is in New Zealand 's national interest 
to ratify the Agreement. The NIA is available at:  
https://www.mfat.g ovt.nz/assets/Uploads/DEPA -NIA-June-2020.pdf  
 
An independent organization, the New Zealand  Institute of Economic Research (NZIER), published 
a report, 'Digital Trade is the Way Forward for New Zealand : 
A Preliminary Assessment of the Costs and Benefits of Digital Trade' in December 2021, which may 
be of interest. This aimed to quantify the poss ible economic gains from increased adoption of digital 
trade: https://www.nzier.org.nz/publications/digital -trade -is-the-way-forward -for-new-zealand . 
 
9. The DEPA's accession process is guided by Article 16.4 (Accession) of the Agreement, and any 
accession approved by the Joint Committee in accordance with Article 12.2(a) (Functions of the Joint 
Committee) on a consensus basis. All economies who are intere sted in learning more about the DEPA 
are encouraged in the first instance to informally engage with DEPA Parties bilaterally, and as a 
group. New Zealand , Chile and Singapore are working through the existing DEPA's accession 
requests, guided by the Agreeme nt's agreed accession process.  WT/TPR/M/426/Add.1  
 
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  CHINESE TAIPEI  
Questions  
 
II. TRADE AND INVESTMENT REGIMES  
2.2 Trade Policy Formulation and Objectives  
 
Page 26 (Para 2.9) 
The Trade for All Agenda was launched in March 2018 to address public concerns regarding the 
country's participation in FTAs, and ensure that trade policy delivers for all New Zealand ers. For the 
authorities, the goal is a trade policy that works alongside  other government policies to support 
sustainable and inclusive economic development .  
 
Question(s):  
Could New Zealand  please explain if the Trade for All Agenda has helped to address public concerns 
regarding New Zealand 's participation in FTAs, and ensur e that trade policy delivers for all 
New Zealand ers? What are the major challenges ahead?  
 
Response:  
In-depth analysis of the NZ public's sentiment towards FTAs following the adoption of the Trade for 
All agenda has yet to take place, however - the recent signature of the NZ -UK FTA marks the first 
FTA begun and concluded under Trade for All, which guided our negotiation approach.  
 
The NZ -UK FTA sets a new level of ambition in securing inclusive trade outcomes, especially for 
Māori, women and small and medi um enterprises. It supports trade and sustainable development, 
addressing trade and the environment, labour, development and regional economic development . 
The FTA has been designed to grow trade and investment opportunities for all New Zealand  
businesses,  advancing Trade for All priorties.  New Zealand  is determined to ensure future FTAs 
continue to reflect Trade for All priorities and recommendations made by the Trade for All Advisory 
Board.  
 
Questions  
 
II. TRADE AND INVESTMENT REGIMES  
2.3 Trade Agreements and Arrangements  
2.3.4 Other agreements and arrangements  
 
Page 34 (Para 2.40) 
In June 2020, New Zealand , Singapore and Chile signed the Digital Economy Partnership Agreement 
(DEPA), which covers various as pects of digital trade such as technology and trade facilitation, digital 
products, data protection, digital identities, artificial intelligence, and participation of 
small  and medium enterprises. The Parties expect that DEPA will complement the WTO negoti ations 
on e-commerce and continue to evolve. The DEPA entered into force on 7 January 2021 for 
New Zealand  and Singapore and on 23 November 2021 for Chile.  
 
Question(s):  
We understand that DEPA is open to accessions provided the agreement's high standards  can be 
met. Could New Zealand  please provide further details about DEPA's terms of accession and 
procedures?  
 
Response:  
The DEPA's accession process is guided by the Agreement's Article 16.4 (Accession) and approved 
by the Joint Committee in accordance wi th Article 12.2(a) (Functions of the Joint Committee) on a 
consensus basis.  
 
All economies who are interested in learning more about the DEPA are encouraged in the first 
instance to informally engage with DEPA Parties bilaterally and as a group. New Zealand , alongside 
Chile and Singapore, are working through the existing DEPA's acc ession requests, guided by the 
Agreement's agreed accession process.  
 WT/TPR/M/426/Add.1  
 
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  Questions  
 
VII. BILATERAL AND REGIONAL TRADE AGREEMENTS  
7 BILATERAL AND REGIONAL TRADE AGREEMENTS  
 
Page 20 (Para 7.1 , 7.2) 
7.1. Complementing New Zealand 's core commitment to the WTO and  global trade integration, 
New Zealand  pursues comprehensive and high -quality FTAs at the bilateral, regional and plurilateral 
levels. These build on WTO rules to promote ambition and future multilateral liberalization. FTAs also 
help achieve the governmen t's economic growth and diversification goals, by providing new 
opportunities and reducing costs and barriers for businesses and exporters.  
 
7.2. New Zealand  has ratified 15 high quality, comprehensive FTAs. In June 2021, these agreements 
covered 69% of New Zealand 's exports and 63% of its imports. These figures increase to 82% of 
exports and 86% of imports when including FTAs under negotiation or not yet in f orce. Since 2015, 
New Zealand  has ratified five new agreements and one upgraded agreement, concluded one further 
agreement upgrade which will enter into force in April 2022, and reached one agreement in principle.  
 
Question(s):  
New Zealand  mentioned in the G426 report that if the figures of bilateral free trade agreements 
(FTA) that include those under negotiation or not yet in force, they will cover 82% of New Zealand 's 
exports and 86% of its imports. Does New Zealand  side consider upgradi ng other existing FTAs, and 
what economic benefits or relevant advantages the New Zealand  side expects to achieve?  
 
Response:  
New Zealand  continues to prioritise effort to upgrade its existing FTAs to ensure they remain high 
quality and fit for purpose . Examples include the current ASEAN -Australia -New Zealand  FTA 
(AANZFTA) Upgrade negotiations, which are scheduled to be concluded in [September] 2022, and 
the New Zealand -China FTA Upgrade, which entered into force on 7 April 2022. The latter included 
upgrade d services market access commitments, improvements to market access for certain wood 
and paper products, and various improvements to facilitate trade in goods, including in relation to 
customs procedures and requirements. In addition, the Upgrade added new  chapters on competition 
policy, e -commerce, government procurement and environment and trade.  
 
In the current AANZFTA FTA Upgrade negotiations, New Zealand  is seeking to modernise the 
agreement in line with more recent trade policy thinking, as well as t o further improve market access 
to ASEAN countries for our exporters . For example, there is considerable scope in areas agreed for 
negotiation such as government procurement and trade and sustainable development to modernize 
AANZFTA and ensure it remains h igh quality. These negotiations will be important to ensure that the 
free trade agreement remains relevant, remains ASEAN's highest -quality agreement and is 
facilitating trade in the region. We also want to ensure that AANZFTA will contribute towards 
achie ving the government's economic diversification goals.  
 
Questions  
 
7.4 COMPREHENSIVE AND PROGRESSIVE AGREEMENT FOR TRANS -PACIFIC PARTNERSHIP 
(CPTPP)  
 
Page 21 (Para 7.6)  
The Comprehensive and Progressive Agreement for Trans -Pacific Partnership (CPTPP) Agreem ent 
between 11 Asia -Pacific region countries, was signed in March 2018 and ratified in October 2018. 
New Zealand  is the depository for the CPTPP. CPTPP economies account for 13.3% of world GDP, 
worth USD 10.6 trillion. Annually, they take 25% of New Zealan d's goods exports (NZD 15.5 billion) 
and services exports (NZD 3.8 billion) and provide 65% of foreign direct investment (March 2021). 
The CPTPP includes three of New Zealand 's top 10 trading partners, and four countries with which 
New Zealand  has never ha d a free trade agreement (Japan, Canada, Mexico and Peru) which receive 
NZD 4.9 billion of New Zealand 's goods and services exports. The CPTPP is estimated to save 
New Zealand  NZD 222 million in tariffs annually.  
 
Question(s):  
In addition to tariff reductions, please share with us other benefits that New Zealand  has enjoyed 
since its entry into the CPTPP.  WT/TPR/M/426/Add.1  
 
- 161 - 
 
  Response:  
Partnering with CPTPP members represents a huge opportunity for New Zealand  exporters, opening 
up markets with a c ombined population of 480 million people that consume nearly 30% of our total 
goods and services exports. Trade liberalisation in CPTPP provides not just significant tariff savings, 
but also creates valuable optionality for New Zealand  exporters, allowing for greater diversification 
of markets.  
 
CPTPP market access commitments in services provide greater certainty over the conditions under 
which New Zealand  businesses can provide services to their customers across a range of sectors, 
including for provider s of professional, business, education, environmental, transportation and 
distribution services. Unless subject to relevant exceptions, New Zealand  services exports to CPTPP 
countries benefit from legal protections, including to guarantee market access and  non-
discriminatory treatment.  
 
CPTPP also provides New Zealand  investors with greater certainty by protecting their investments 
from actions of other governments that are grossly unfair or unjust, including expropriation of assets 
without compensation, or  that involve discrimination based on nationality (except where exceptions 
apply).  CPTPP will also help ensure that investors retain the ability to exercise control over their 
investments and to obtain the benefits of their investments.  
 
CPTPP also helped address non -tariff barriers to trade in goods by reducing the time exporters spend 
waiting for goods to clear customs , lowering compliance costs and increasing predictability around 
other countries' processes, supporting the growing services and digital se ctors, and providing greater 
opportunities to bid for government procurement contracts in CPTPP markets . 
 
Promoting sustainable economic development is a prominent feature of CPTPP, with strong 
commitments to safeguard high labour and environmental standards across the region. For example, 
the CPTPP ensures that member countries have in place laws and practices governing workers' wages 
and safety. Commitments in these areas legally enforceable and this will lead to imporving labour 
standards in the region.  
 
At the same time as supporting New Zealand 's trade ambitions, CPTPP protects the Government's 
right to regulate in the public interest in areas like health, environment, and taxation policy. In 
addition, as with all of New Zealand 's contemporary trade agreements, CPTPP includes a specific 
provision preserving the pre -eminence of Te Tiriti o Waitangi / The Treaty of Waitangi in 
New Zealand , ensuring that nothing in the agreement prevents the Crown from meeting its 
obligations to Māori.  
 
Alongside the signing of CPTPP, New Zealand , Canada and Chile agreed a  Joint Declaration on 
Fostering Progressive and Inclusive Trade, which has since developed into the Inclusive Trade Action  
Group (ITAG). ITAG members work together to help make trade policies more inclusive and ensure 
that the benefits of trade and investment are more broadly shared. This work, which is closely 
aligned with New Zealand 's Trade for All agenda, is focused on in digenous trade, women's economic 
empowerment, agriculture and the sustainable development goals, and small and medium sized 
enterprises (SMEs) development.  
 
The first Arrangement arising from the ITAG was the Global Trade and Gender Arrangement 
(GTAGA), w hich concluded in August 2020. GTAGA aims to be a force for positive economic and 
societal change by enhancing opportunities for women in international trade and promoting gender 
considerations internationally. GTAGA is open to any interested economy to jo in, and Mexico became 
the first new participant of the GTAGA in October 2021.  
 
Questions  
 
7.7 Regional Comprehensive Economic Partnership (RCEP)  
 
Page 23 (Para 7.14)  
RCEP will create a single set of rules across the region for specific areas of trade. Ther e are market 
access gains for New Zealand  beyond existing arrangements with RCEP partners. RCEP includes 
seven of New Zealand 's top 10 trading partners, who together account for almost a third of the 
world's population and global GDP, take over half of New Zealand 's exports (61% of goods, 45% of 
services) and provide 61% of New Zealand 's foreign direct investment. India participated in the WT/TPR/M/426/Add.1  
 
- 162 - 
 
  negotiations, but has not signed RCEP. Should India choose to take up the fast -track accession 
process to join RCEP giv en its status as an original negotiating party, this would be New Zealand 's 
first FTA with India and bring further commercial and strategic benefit to New Zealand 's participation 
in RCEP.  
 
Question(s):  
Please share with us additional market access benefit s gained from the RCEP beyond existing FTAs.  
 
Response:  
The market access gains for New Zealand  beyond existing arrangements with RCEP partners include 
the following:  
• Goods: RCEP addresses some of the remaining tariff barriers from existing FTAs, in particular 
on products of interest to New Zealand  exporters into Indonesia (upon ratification) including 
liquid milk, grated/powdered cheese, beef, sheep meat, honey, persim mons, tomatoes and 
avocados).  
• Services: RCEP will provide New Zealand  services exporters with improved access 
commitments over and above existing FTAs. For example, Philippines agreed new 
commitments in professional services, computer and related service s, education services, 
environmental services and air transport services. Thailand agreed new commitments in 
professional services, computer -related services, research and development services, 
distribution services, education services and air transport se rvices. Indonesia agreed to new 
commitments in education services, engineering services, and computer related services. In 
addition, RCEP countries agreed to progressive liberali zation and transparency of market 
access commitments. The RCEP services chapte r includes a Most -Favoured Nation rule which 
means that, in negotiated services sectors, New Zealand  services suppliers will automatically 
receive the benefits of any additional liberalisation that RCEP countries might provide to third 
countries in future agreements.  
• Investment: Under RCEP, New Zealand  benefits from investment market access commitments 
from China and ASEAN countries that are not party to the CPTPP (such as Indonesia and 
Philippines). These will provide New Zealand  investors greater confi dence when investing in 
RCEP countries through increased transparency and legal certainty around the regulations 
affecting investment.  Additionally, RCEP's investment chapter makes improvements to some 
of the rules in our existing FTAs. For example, RCEP i mproves our trade agreement with 
ASEAN  (ASEAN -Australia -New Zealand  Free Trade Area "AANZFTA") with the addition of a 
Most-Favoured Nation (MFN) provision. This means that any preferential treatment granted in 
the future by RCEP countries to any other coun try will be automatically extended, unless 
subject to an exception, to New Zealand  investors.  
 
Questions  
 
7.8 DIGITAL ECONOMY PARTNERSHIP AGREEMENT (DEPA)  
 
Page 23 (Para 7.15)  
The Digital Economy Partnership Agreement (DEPA)  
DEPA covers broad areas, from e -invoicing to artificial intelligence, and will continue to evolve as 
new digital opportunities and issues emerge.  
 
Question(s):  
Regarding "DEPA will continue to evolve as new digital opportunities and issues emerge", what are 
the possible approaches the Parties take to ensure this Agreement to reflect the latest development 
of digital economy?  
 
Response:  
The DEPA is intended to be a living agreement that responds to the evo lving nature of the digital 
economy. It identified areas in which the DEPA Parties can cooperate, including emerging areas such 
as digital identities (Article 7.1), financial technologies (Article 8.1), and artificial intelligence 
(Article  8.2). The DEPA's  Article 16.3: Amendments also enables Parties to incorporate new 
provisions in the future, including on emerging issues.  
 WT/TPR/M/426/Add.1  
 
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  Questions  
 
7.10 BILATERAL AND REGIONAL TRADE AGREEMENTS UNDER NEGOTIATIONS  
 
Page 24 (Para 7.20)  
7.20. New Zealand  has a number of ne gotiations underway, in line with its trade diversification goal. 
New Zealand  is working with the European Union to bring FTA negotiations to a successful conclusion 
and deliver a high -quality, comprehensive agreement to foster even greater economic connec tion 
with the European Union's 27 member states. The European Union is already New Zealand 's 
fourth  largest trading partner with two -way goods and services trade of NZD 16.5 billion. It is 
expected that the FTA will deliver significant outcomes in the goods, services and investment sectors, 
and include ambitious outcomes on social and environmental prior ities. New Zealand  and its 
AANZFTA partners are engaged in Upgrade Negotiations to ensure AANZFTA's relevance to changing 
business and trade practices and to improve exporter access. New Zealand  is negotiating a free 
trade agreement with the Pacific Allian ce that will improve economic links with the Latin American 
regional group of Chile, Colombia, Mexico and Peru. New Zealand  is breaking new ground in 
negotiations on an Agreement on Climate Change, Trade and Sustainability (ACCTS) with 
six partners. New Zealand  substantively concluded FTA negotiations with the Gulf Cooperation 
Council (GCC) in 2009. However, the agreement never entered into force. New Zealand  is in 
discussion with the GCC on next steps.  
 
Question(s):  
1. Could New Zealand  give practical exa mples of the additional market access benefits that these 
new issues have created for New Zealand , including Climate Change, Trade and Sustainability 
(ACCTS) and so on?  
2. And could the negotiation upgrade content of these emerging issues be included in t he existing 
FTAs?  
 
Response:  
1. At full implementation of the NZ -UK FTA, all customs duties on all products will be eliminated 
between both countries. 99.5% of current New Zealand  goods trade will enter the UK tariff -free from 
entry into force of the FTA, including wine, honey, onions, k iwifruit, a range of dairy products, and 
most industrial products. A small number of New Zealand  products will be liberalised over a longer 
time frame of up to 15 years but with significant new duty -free quota access provided in the interim.  
 
Services com mitments will help facilitate and provide certainty of access and regulatory conditions 
for services exporters. For example, commitments on Temporary Entry of Business Persons will 
facilitate visa processing and access for specific categories of New Zealan d and UK business persons 
travelling to the UK and New Zealand  respectively: intra -corporate transferees, installers and 
servicers, independent professionals, business visitors, and contractual service suppliers.  
 
The investment provisions incorporate mod ern investment protection rules similar to those contained 
in other recent FTAs, providing certainty and stability in regard to market access for investors from 
both countries. Under the FTA, the UK will benefit from the same screening threshold that is ap plied 
to many of New Zealand 's other main FTA partners, including CPTPP Parties, China, and 
Korea  (NZD 200 million). This will help to create the conditions for further growth and development 
in two -way investment between New Zealand  and the UK.  
 
The NZ-UK FTA Environment Chapter includes provisions addressing environmentally harmful and 
trade distorting subsidies, including commitments to prohibit subsidies for fishing overfished stocks 
and to take steps to eliminate harmful fossil fuel subsidies. The  chapter prioritises the elimination of 
tariffs on 293 environmentally beneficial products including solar panels, electric vehicles, and air 
pollution control equipment.  
 
The primary purpose of the ACCTS is to demonstrate how trade policy levers can contr ibute to 
addressing climate and other sustainability challenges . By removing tariffs on environmental goods 
we hope to make them cheaper and thus incentivise uptake of more environmentally friendly 
products by consumers and manufacturers .  
 
The list of env ironmental goods for tariff elimination under the ACCTS is not yet finalised so it is not 
possible to estimate the quantum of market access benefit that New Zealand  exporters can expect 
to enjoy once the agreement has entered into force . New Zealand  notes that some WTO Members WT/TPR/M/426/Add.1  
 
- 164 - 
 
  retain high tariffs on environmental goods so there are potentially important tariff savings . 
New Zealand 's own tariffs on environmental goods tend to be between 5 – 10%. For environmental 
services, ACCTS will seek to develop an ambit ious and comprehensive list of environmental and 
environmentally related services, on which ACCTS partners can make binding commitments. These 
commitments will assist in providing market certainty and avoid the erosion of any market access 
for services exp orters  
 
2. New Zealand  is seeking a review clause in the ACCTS to ensure that it is a living agreement . 
This will allow parties to review the relevant environmental goods and services for liberali zation, and 
also potentially add new disciplines in new area s. WT/TPR/M/426/Add.1  
 
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  THAILAND  
Government report  
 
Questions  
 
Page  70 para 3.144  
3.144.  Due to the situation created by the COVID -19 pandemic, in March 2020 the Commerce 
Commission announced that it would not take enforcement action under the Commerce Act against 
businesses that cooperated to ensure an uninterrupted supply of essential goods and services during 
the COVID -19-related restrictions. Further guidance was issued, explaining the treatment of 
business collaboration during the COVID -19 period.  
 
Could New Zealand  please elaborate more on "essential goods and services" mentioned in this 
paragraph, and the criteria of considerations?  
 
Response:  
In March 2020, the Minister of Commerce and Consumer Affairs issued a policy statement under 
section 26 of the Commerce Act asking that the Commission have regard to the New Zealand  
Government's objective of maintaining confidence in the market for "essential goods and services" 
such as grocery products, by ensuring that there is broad and fair access  to them by as wide a range 
of consumers as possible over the period that Covid -19 is affecting the New Zealand  economy.  
 
The Commission has not defined, or issued criteria, on what it considers an essential good and 
service to be . The Commission will assess each arrangement and what is an essential good or service 
on a case -by-case basis, taking into account the current environment and the longer term impact 
on competition from any collaboration.  
 
More information can be found in the Commerce Commissio n's 'Business Collaboration under  
COVID -19' guidance:  
https://comcom.govt.nz/__data/assets/pdf_file/0019/215812/Busine ss-collaboration -under -
COVID -19-guidelines -May-2020.pdf   
 
Questions  
 
Page 37  para 2.52  
While its participation in BITs is limited, New Zealand  has made investment commitments in all of 
its FTAs, except for two (the Trans -Pacific Strategic Economic Partnership, and the New Zealand –
Hong Kong, China FTA). Under some of the FTAs covering investments, New Zealand  committed 
to a higher screening thres hold for investments in significant business assets . For instance, 
under the New Zealand -Australia FTA, the threshold is NZD 496 million for Australian  
non-government investors, while under the CPTPP the threshold is NZD 200 million. Following the 
conclus ion of the CPTPP and in accordance with New Zealand 's MFN commitment under its FTAs with 
the Republic of Korea; China; Chinese Taipei; and Hong Kong, China, the investment threshold 
applicable to those trading partners was increased to NZD 200 million.86 U nder RCEP and 
PACER  Plus, New Zealand  did not make any additional commitments in this respect, and 
maintained  the NZD 10 million threshold it has under its GATS schedule. Of the four FTAs signed 
during 2015 -21, only the CPTPP87 and the New Zealand -Republic  of Korea FTA provide for an ISDS 
mechanism.  
 
Could New Zealand  provide information regarding the criteria that New Zealand  uses to determine 
the screening threshold for investments in different FTA s? 
 
Response:  
The level at which the screening threshold under the Overseas Investment Act 2005 is set for 
individual FTAs is a negotiated outcome that reflects the context of each agreement . In determining 
the appropriate level of screening threshold to offer a negotiating partner, New Zealand  conside rs a 
range of factors including the anticipated benefits to New Zealand  across the free trade agreement 
as a whole.  
 WT/TPR/M/426/Add.1  
 
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  Secretariat's report  
 
Questions  
 
Page  5-6 para 2.8 – 2.9 
2.8. A key priority for the New Zealand  Government is responding to climate change  and supporting 
sustainability and a just transition to a low carbon economy. In 2021 the Government strengthened 
its global emission reduction target to reduce New Zealand 's net greenhouse emissions by 50% 
by 2030 and committed to phasing out coal. The 20 19 Climate Change Response (Zero Carbon) 
Amendment Act set targets to make New Zealand  carbon neutral .  
 
2.9. Businesses and trade will play a fundamental role in the transition to a low carbon economy. 
The Government has invested NZD 300 million to recapi talize New Zealand  Green Investment 
Finance and became the first country in the world to pass legislation requiring all listed companies 
and large financial institutions to report on their climate related risks.9 Other measures have been 
introduced, includ ing shifting public institutions and businesses to clean energy, requiring Crown 
Financial Institution investments be carbon neutral by 2050, introducing green bonds, and recycling 
revenues from the Emissions Trading Scheme to help finance the low carbon t ransition. New Zealand  
recently committed to provide NZD 1.3 billion in climate finance for developing countries 
over 2022/2025, a fourfold increase from its previous commitment.10 At least 50% of this funding 
will go to the Pacific.  
 
Since the New Zealand  Government has considered Climate Change, Sustainability and Transition 
to a Low Carbon Economy as its key priorities for the country, what measures and policies has 
New Zealand  Customs initiated and implemented in response to the abovementione d priorities of 
the Government?  
 
Response:  
Under the Climate Change Response Act 2002, the New Zealand  Customs Service is responsible for 
the collection of a Synthetic Greenhouse Gas Levy (SGG Levy) on any imported goods that contain 
synthetic greenhouse gas (not including air -conditioning systems in motor vehicles). This levy forms 
part of the government' s programme to reduce SGG emissions, which also includes placing 
equivalent emissions costs on domestic manufacturers of SGGs and importers of bulk SGGs: that is, 
all sources of SGG into the NZ economy.  
 
There are a range of other environmental proposals that are under discussion but at this stage it 
has not been confirmed what role the New Zealand  Customs Service might have in terms of 
implementation.  
 
Questions  
 
Page 13  para 4.13  
4.13.  The growth in digital trade has also raised new challenges and concer ns, including for Maori, 
regarding the impact of international trade rules on traditional resources, practices and knowledge. 
Some of these issues were discussed in the 2021 New Zealand  Waitangi Tribunal report on the 
Comprehensive and Progressive Trans -Pacific Partnership Agreement and its e -commerce chapter 
(Wai 2522). The Government is still considering its response to the Waitangi Tribunal's findings.  
 
Does New Zealand 's Government consider that the 2021 New Zealand  Waitangi Tribunal report is 
going to affect New Zealand 's commitment on cross -border trade in services (Mode 1) under existing 
and future FTAs? If so, how does it affect the commitment?  
 
Response:  
New Zealand  notes that cross border trade in services (mode 1) was not the focus of the Tribunal 's 
Report . More broadly, the Government is continuing to consider the Wai 2522 Report and the 
Government's potential reponses . Until that process has been completed it is too early to assess its 
full implications for New Zealand 's trade policy . In any case , New Zealand  will continue to honour 
and implement its existing obligations under free trade agreements.  
 WT/TPR/M/426/Add.1  
 
- 167 - 
 
  Questions  
 
Page  22 para 7.7  
7.7. The CPTPP includes many of the elements negotiated in the TPP. TPP obligations that have been 
suspended under the CPTPP are set out in Article 2 of CPTPP and the associated Annex to CPTPP. 
New Zealand  has also drafted side letters with select CPTPP members , specifically:  
 
• treaty status a side letter between New Zealand  and Australia, which provides that the ISDS and 
trade remedies provisions will not apply between New Zealand  and Australia;  
• treaty status a side letter between New Zealand  and Peru , which  provides that the ISDS provisions 
will not apply between New Zealand  and Peru; and  
• treaty status side letters that New Zealand  agreed with Viet Nam, Brunei Darussalam, and 
Malaysia, which require the explicit consent of the responding Party before an IS DS dispute can 
proceed beyond consultations or alternative dispute resolution.  
 
Could New Zealand  further explain regarding the following issues:  
 
1) What are the rationales behind and the criteria for the arrangement of the side letters concerning 
the application of ISDS mechanism under CPTPP which New Zealand  has done with some CPTPP 
members with differential treatments namely; the side letters betwee n New Zealand  and Australia / 
New Zealand  and Peru indicating the exclusion of the ISDS application between each other whereas 
those  between New Zealand  and Viet Nam/Brunei Darussalam/Malaysia stipulating the requirement 
of the prior consent from the respo nding Part y? 
2) For CPTPP members with which New Zealand  does not have side letter (Canada, Chile, Japan, 
and Mexico), is it correct that ISDS mechanism is still applied between New Zealand  and those 
member s? Please elaborate.  
 
Response:  
1. Since 2018, New Zealand  government policy on ISDS changed to no longer include ISDS 
provisions in new free trade agreements . The majority of the CPTPP text was concluded before this 
change in policy, and New Zealand  was unable to secure complete exclusion of ISDS from th e 
agreement. New Zealand  therefore sought to exclude or alter the ISDS provisions between 
New Zealand  and other signatories to CPTPP and the different approaches identified in the question 
are the result of those bilateral negotiations .  
 
2. Where New Zealand did not secure a side letter to exclude or alter the ISDS provisions of CPTPP, 
the ISDS provisions contained within the Agreement continue to apply and New Zealand  will continue 
to comply with those obligations.  
 
Questions  
 
Page 14  para 4.20  
4.20.  Since 2018, New Zealand  has opposed the inclusion of investor -state dispute settlement 
(ISDS) provisions in future FTAs. This includes the application of ISDS to New Zealand  in plurilateral 
agreements like the Comprehensive and Progressive Agreement for T rans-Pacific Partnership 
(CPTPP) and the Regional Comprehensive Economic Partnership (RCEP). There is no current 
application of ISDS in RCEP. In CPTPP, New Zealand  sought side -letters excluding compulsory ISDS 
between New Zealand  and its negotiating partne rs. ISDS provisions in trade agreements negotiated 
before 2018 can still apply. New Zealand  is developing a domestic 'ISDS protocol' in consultation 
with M āori, to guide the Government's domestic preparation in the event an ISDS case were ever 
brought agai nst New Zealand  in which the Te Tiriti o Waitangi/Treaty of Waitangi exception might 
be relied upon. The protocol will contain procedure and practices that the New Zealand  Government 
would put in place where the Te Tiriti o Waitangi/Treaty of Waitangi exce ption in our FTAs might be 
part of New Zealand 's defence.  
 
Please provide rationales behind the change of New Zealand 's policy regarding ISDS mechanism. 
Does the Government of New Zealand  have any plans to review ISDS mechanism under trade 
agreements concl uded before 2018 once the review processes of these agreements were to 
commenc e? 
 WT/TPR/M/426/Add.1  
 
- 168 - 
 
  Response:  
Since 2018, New Zealand  government policy on ISDS changed to no longer include ISDS provisions 
in new free trade agreements .   
 
New Zealand  will discuss with affect ed partners how to approach FTA review or upgrade processes, 
although the starting point for New Zealand  is to seek to exclude the application of ISDS as the 
opportunity arises in cases where ISDS is already part of such agreements .   
 
New Zealand  will con tinue to comply with all of its commitments in its free trade agreements, 
including any outcome of upgraded free trade agreements, that it is party to.  
 WT/TPR/M/426/Add.1  
 
- 169 - 
 
  THAILAND – ADDITIONAL QUESTIONS  
Questions  
 
Page 94 Para 4.8  
4.1 Restrictions on dairy exports to specific tariff quota markets were phased out by the end of 2010, 
ending the Fonterra Co -operative Group's exclusive rights to export to designated restricted 
markets. Currently, the MPI allocates licenses for export of pre pared edible fats to Japan; milk 
powder to the Dominican Republic; butter, cheddar cheese, and cheese for processing to the 
European Union; and cheddar, low -fat, certain types of cow's milk cheese, and American -type 
cheeses to the United States.  
 
Question:  
According to Export measures categories mentioned in Agricultural trade policies by sector, 
New Zealand  stated that "Restrictions on dairy exports to specific tariff quota markets were phased 
out by the end of 2010." Currently, the MPI allocates licenses for export dairy product to a certain 
market such as Japan, Dominican Republic, European Union and United States. Could New Zealand  
please provide further information about these measures? Are these measure in conformity with 
Art. XI of GATT 1994?  
 
Respons e: 
As part of the Uruguay Round outcome, New Zealand  is required to manage the allocation of country -
specific quota to exporters through an export licence allocation system.  
 
Due to restrictive quota conditions in importing countries, there has generally been limited trade 
under tariff quotas.  
 
The DIRA provides the allocation of export licences for dairy quotas, which are allocated in relation 
to importing markets which impose tariff quota restrictions. Allocation of these export licenses to 
access these  quotas is managed in accordance with New Zealand 's international obligations.  
 
Questions  
 
What are the criteria of direct allocation of spectrum rights for 5G networks, specifically how the 
MBIE allocates spectrum to each telecommunications supplier?  
 
Response:  
The 3410 – 3800 MHz frequency band is the current focus for spectrum to support 5G in 
New Zealand .  
 
In 2019 work was undertaken to look at short term allocation of the 3590 -3800 MHz portion of the 
band. The short -term allocations of spectrum mana gement rights offered and agreed in 2020/2021 
were made by a direct administrative allocation to those parties that had registered for an auction. 
Vodafone acquired access to 60 MHz of this spectrum for their 5G network through secondary market 
trading and  activities. An auction scheduled for early 2020 was postponed due to the COVID -19 
pandemic.  
 
There are no allocation criteria beyond agreement to pay the fixed offer price for short -term access 
to the spectrum. Full details can be found on our website https://www.rsm.govt.nz/projects -and-
auctions/current -projects/preparing -for-5g-in-new-zealand/ .  
 
All existing spectrum rights in the 3410 – 3800 MHz band expire on October 2022. Arrangements 
for long -term allocation of spectrum from November 2022 are still being worked through. We 
understand that Mobile Network Operators (MNOs) are also considering 5G dep loyments in other 
spectrum bands (lower frequencies) which they have existing spectrum rights for. Our management 
rights are technology neutral so this is entirely a commercial decision for the MNOs on which 
technology they deploy.  WT/TPR/M/426/Add.1  
 
- 170 - 
 
  TÜRKIYE 
THE GOVERNMENT REPORT  
 
2. Key Developments In Economic Policy, Monetary Policy, 2.18. pg.7  
 
It is stated in the Government Report that "Amendments to the Reserve Bank of New Zealand  
Act (1989) came into effect in 2019, adding an employment objective to  that of price stability, and 
creating a formal monetary policy committee (MPC). While the Act sets out the MPC 's high -level 
monetary policy objectives, the Remit provides the MPC with its specific operational objectives: to 
keep annual inflation between 1% and 3% over the medium term and to support maximum 
sustainable employment. The Remit also provides required secondary considerations (e.g. seek to 
avoid unnecessary instability in output, interest rates and the exchange rate) and was amended 
in 2021 to require the MPC to assess how its decisions affect the Government 's objective of house 
price sustainability.  
 
Question:  Could New Zealand  kindly provide with further information about employment objective 
of Reserve Bank of New Zealand . Could the n ew objective be advised to other countries?  
 
Response:  
The current Remit for monetary policy, set by the Minister of Finance, provides the employment 
objective as supporting maximum sustainable employment . The RBNZ has defined maximum 
sustainable employmen t as "the highest utilisation of labour resources that can be maintained over 
time without generating an acceleration in inflation ".  
 
The Monetary Policy Committee should consider a broad range of labour market indicators to form 
a view of where employmen t is, relative to its maximum sustainable level, taking into account that 
the level of maximum sustainable employment is largely determined by non -monetary factors that 
affect the structure and dynamics of the labour market and is not directly measurable. There is no 
indicator (for example, the unemployment rate) specified as the goal, nor is there a specified 
target (unlike with the inflation objective.  
 
7.8 Digital Economy Partnership Agreement (DEPA), 7.15., pg. 23  
 
It is stated in the Government Report that "DEPA has established new rules and practices to support 
and facilitate digital trade, and promote discussion on issues like digital inclusion, inclusive trade 
and support for small and medium enterprises (SMEs) i n the digital economy. DEPA covers broad 
areas, from e -invoicing to artificial intelligence, and will continue to evolve as new digital 
opportunities and issues emerge. It is designed to complement WTO negotiations on e -commerce 
and builds on digital econo my work underway within APEC, the OECD and elsewhere. "  
 
Question:  Could New Zealand  provide with detailed information about DEPA between Chile 
and Singapore? What are the expected outcomes that can be derived from the agreement in terms 
of e-commerce?  
 
Response:  
The Digital Economy Partnership Agreement (DEPA) is a digital -only agreement that covers all 
aspects of doing trade in the digital economy. Its provisions address issues ranging from business 
and trade facilitation through to data and the wider t rust environment and cooperation on emerging 
technologies. The DEPA also contains specific modules on digital inclusion and SME cooperation, 
which recognise the potential of the digital economy to reduce the barriers to doing business . As an 
"open plurilat eral agreement ", the DEPA Parties welcome interest from others who can meet its 
standards. New Zealand  has strong hopes that the DEPA will serve as a 'pathfinder ' agreement that 
attracts others to join and informs the ambition of broader international digi tal trade negotiations .  
Further information on the DEPA can be found at Digital Economy Partnership Agreemen t (DEPA) | 
New Zealand  Ministry of Foreign Affairs and Trade (mfat.govt.nz)  
 WT/TPR/M/426/Add.1  
 
- 171 - 
 
  UKRAINE  
Secretariat Report  
 
Questions  
 
3.3.8.1 Overview  
 
Page 78 (Para 3.17 2)  
1. Would New Zealand  kindly provide advice relating to possible ways of encouraging our 
collaboration in the areas of IP, sharing of know -how and technology between interested 
stakeholders for further development of IP system and for promotion of technological innovations in 
such sectors as manufacturing, construction, energy, IT etc., which are of extremely importance for 
recovery of our economy?  
 
2. Could New Zealand  also share its view what driving forces lead to 125% increase in trade receipts 
from IP royalties and licensi ng fees between 2015 and 2020?  
 
Response:  
1. New Zealand  G2G  (NZ G2G) is a joint partnership between the New Zealand  Ministry of 
Foreign Affairs and Trade (MFAT) and New Zealand  Trade and Enterprise (NZTE) that has been 
operating since 2014. NZ G2G partners with international governments to leverage and 
commercialise New Zealand 's proven expertise and real -world  solutions.  
 
The NZ G2G team acts as a connector of people, resources  and expertise for government 
effectiveness and innovation . The enabling environment for business and innovation is a key focus. 
For example the NZ G2G would work with the IP policy and operationalisation teams within the 
Ministry of Innovation and Employm ent (MBIE) to tailor knowledge exchange and technical 
assistance solutions designed to catalyse a particular country'seconomic growth through 
IP utilisation.  
 
NZ G2G projects solve complex challenges for foreign governments and their entities, building tighter 
bonds between both countries and counterpart agencies. Best and next practice from NZ's 
intellectual property rights management system, combined with NZ's  trusted, collaborative approach 
when working with other countries, would equip a partner country to deliver sustainable change 
through the full economic benefit of their IP  
 
2. The reasons for the 125% increase in trade receipts from IP royalties and lice nsing fees 
from 2015-2020 are not clear, although we note that exports of products requiring a licence to use 
them, such as software, have increased.  
 
Questions  
3. Could New Zealand  provide information on innovative practices that aim to maximize the value  
of existing aquaculture farms?  
 
Response:  
New Zealand 's Aquaculture Strategy, released in 2019, aims to grow the Aotearoa aquaculture 
sector from its current value of around NZ D 600 million to NZ D 3 billion by 2035.  
This growth will be achieved by increa sing the value of existing aquaculture farms through innovative 
farming practices, and also through new types of farming including open ocean and land -based 
aquaculture. To achieve this the Government is, inter alia:  
 
• considering regulatory changes to reduce barriers to development of open ocean aquaculture 
through its reform of the resource management system ; 
• considering regulatory changes to allow greater innovations such as changing species on 
aquaculture farms as part of reform of the r esource management system ; 
• Supporting research into environmental benefits of seaweed farming and reducing regulatory 
barriers to seaweed farming ; 
• Conducting life cycle assessment research to identify ways the mussel and oyster industries 
can reduce th eir emissions ; 
• Initiating a work programme to improve marine biosecurity to reduce the impact of biosecurity 
events on the industry . WT/TPR/M/426/Add.1  
 
- 172 - 
 
  Questions  
 
4.4.4 Tourism  
 
Page 121 (Para 4.153)  
4. Ukraine would appreciate if New Zealand  could share with us more deta ils of the funding to 
promote tourism destination, and investing in facilities and infrastructure. Could private companies 
receive funding from the Government?  
 
5. Could New Zealand  specify in which activities or areas it invests, in order to improve infrastructure 
to support visitor experiences?  
 
Response:  
Tourism Promotion  
International  
 
Tourism New Zealand  (TNZ) is a crown entity responsible for marketing New Zealand  to the world 
as a tourist destination. It is governed by a Board, the members of which are appointed by the 
Minister of Tourism. TNZ's role is to facilitate the visitation of international visitors to New Zealand , 
through marketing activities, media and events in target markets overseas. In addition, TNZ also 
run a trade training, marketing and media programme for businesses that sell New Zealand  
experiences overseas. In 2021, TNZ had a baseline budget of NZD 127 million to fund its operations.  
 
More information on TNZ can be found here: https://www.tourismnewzealand.com/about/corporate -
publications/  
 
As a crown entity, TNZ is required to follow government procurement guidelines to source any 
services. TNZ has a register of private companies approved by the New Zealand  government 
procurement processes. These companies are used to deliver work to support TNZ work programme 
and objectives,  in order to get the best return on investment for New Zealand ers. 
 
The major tool TNZ uses to promote New Zealand  to international markets is the 100% Pure 
New Zealand  marketing campaign, a campaign that has evolved over the past 20 years to make 
New Zealand one of the world's most well -respected and well -known tourism brands. TNZ has a 
team of around 150 staff in 13 offices in New Zealand  and across the globe.  
 
Domestic  
 
During New Zealand 's response to the COVID -19 pandemic, the Government also provided  funding 
to Regional Tourism Organisations (RTOs) through the Tourism Recovery Package and Tourism 
Communities: Support Recovery and Re -set Plan.  
 
Regional Tourism Organisations are organisations that are usually funded by local government 
(e.g. local cou ncils), and assist in the development of their local tourism economies. RTOs carry out 
this function by marketing regional destinations to build visitation, and by managing the 
opportunities and impacts of tourism to facilitate growth in a sustainable way.  
 
Through the Tourism Recovery Package, an initial NZD 20.2 million was delivered to maintain the 
function of RTOs within their region and an additional NZD 26.8 million was delivered through the 
Tourism Communities: Support, Recover and Re -set Plan.  
 
This funding supported RTOs to implement destination management planning and to encourage 
more people to explore local regions of New Zealand . The funding was also intended to allow RTOs 
to support the broader tourism industry, stimulate regional demand, incr ease industry capability and 
progress the goals of the New Zealand -Aotearoa Government Tourism Strategy.  
 
Infrastructure Investment  
 
The Tourism Infrastructure Fund (TIF) is the mechanism that New Zealand  uses to fund tourism 
infrastructure, both prior to and throughout the COVID -19 pandemic.  
 WT/TPR/M/426/Add.1  
 
- 173 - 
 
  The Tourism Infrastructure Fund was set up in 2017, with an initial allocation of NZD 100 million 
dollars to be spread across four years through to 2021. In 2021, New Zealand  funded an additional 
round of NZD 16.5 million for this initiative through the 2021 Tourism Communities: Support, 
Recovery and Reset Plan.  
 
The TIF is open to all local councils and non -profit community organisations that can demonstrate 
support  from their local councils. This funding is delivered to provide infrastructure including (but 
not limited to) the following:  
 
• carparks ; 
• toilets ; 
• freedom camping facilities ; 
• sewerage and water (tourism -related portion only) ; 
• safety upgrades to public spaces (eg, footpaths) ; 
• infrastructure for natural attractions.  
 
More information on the Tourism Infrastructure Fund can be found here:  
https://www.mbie.govt.nz/immigration -and-tourism/tourism/tourism -funding/tourism -
infrastructure -fund/tourism -infrastructure -fund-eligibility -and-co-funding -criteria/  
 
In ad dition to the TIF, MBIE also provides funding for Ngā Haerenga, New Zealand  Cycle Trails 
(NZCT). This is a network of bicycle trails, offering world -class visitor experiences that showcase 
some of the best landscapes and scenery that New Zealand  has to off er. The trails create ongoing 
job opportunities and economic, recreational and health benefits for New Zealand ers, as well as 
providing a world class tourism offering to international visitors.  
 
Up to NZD 8 million is available annually for the maintenance , development, and promotion of the 
NZCT.  
 
More information on the NZCT can be found here: https://www.mbie.govt.nz/immigrat ion-and-
tourism/tourism/tourism -projects/nga -haerenga -the-new-zealand -cycle-trail/ 
 
Questions  
 
4.1 Agriculture  
 
Page 11 (Para 4.4)  
6. Could New Zealand , please, provide information if any financial assistance has to be provided to 
farmers participating in an emissions pricing scheme under He Waka Eke Noa partnership?  
 
Response:  
Under the 2020 Climate Change Response (Emissions Trading Reform) Amendment Act, emissions 
from agriculture will be priced by 2025. The Act requires responsible Mini sters to report publicly on 
a system for pricing the emissions from agricultural production by the end of 2022.  
 
As part of the process for pricing emissions the He Waka Eke Noa Primary Sector Climate Action 
Partnership was formed as a partnership between  government, the primary sector, and iwi/Māori to 
equip farmers and growers to measure, manage, and reduce on -farm agricultural greenhouse gas 
emissions and adapt to climate change. Details of the measures remain under active consideration.  
 
The He Waka Ek e Noa website is available here: https://hewakaekenoa.nz/ . 
 
Questions  
 
5.1 World Trade Organization (WTO)  
Page 15 (Para 5.2)  
Comment:  
Ukraine appreciates New Zealand 's contribution to the multilateral trading syst em and 
highly values mutual cooperation within the WTO, among others in the Cairns Group. 
Ukraine is looking forward to continue working with New Zealand  and partners to deliver 
substantial outcomes at the MC12, including to avert negative repercussions of  Russia's 
military aggression against Ukraine on trade, development and food security.  WT/TPR/M/426/Add.1  
 
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  Response:  
Aotearoa New Zealand  stands with the international community in condemning Russia's unjustified 
and illegal attack on Ukraine, and in support of Ukraine's sove reignty and territorial integrity.  
 
The international community, including the WTO, must respond to this crisis together. Russia's 
actions have also caused massive disruption to the production and distribution of key crops, 
threatening the basic living co nditions of millions of people around the world. New Zealand  therefore 
welcomes the opportunity to work with the Cairns group and other WTO members at MC12 to deliver 
an outcome that responds to the current food supplycrisis caused by Russia's invasion of Ukraine 
and to deliver outcomes on other priorities.  
 
Questions  
 
5.3 Trade and Development  
Page 16 (Para 5.10)  
 
Questions:  
 
7. Could New Zealand , please, clarify the eligibility criteria for inclusion of developing countries in 
the list of beneficiaries under the Generalised System of Preferences?  
 
8. What is the state of play of review process regarding the list of developing countries, what changes 
are expected to be achieved in this regard and is there an opportunity for additional develo ping 
WTO Members, for example such as Ukraine, to be included in the GSP scheme?  
 
9. Ukraine would also appreciate if New Zealand  could provide the web -link to appropriate legislation 
concerning its GSP, including the list of developing countries in force.  
 
Response:  
7. New Zealand  uses the list developed by the United Nations for its list for Least Developed 
Countries. This is available here:  https://unctad.org/topic/least -developed -countries/list .  
 
Less Developed Countries are granted beneficiary status on application, provided they meet specified 
economic benchmarks (viz per -capita GNP relative to New Zealand 's). Approval must also be 
consistent with New Zealand 's international oblig ations.  
 
8. New Zealand  is currently reviewing the list of Less Developed Countries under the GSP scheme; 
we expect this process to be concluded later this year, and to result in adjustments being made to 
the current list.  
 
9. Relevant documents are:  
Tariff (Less Developed Cou ntries and Least Developed Countries) Order 2005, available here:  
https://www.legislation.govt.nz/regulation/public/2005/0018/latest/whole.html  
GSP Handbook on t he Scheme of New Zealand , UNCTAD, available here:  
https://unctad.org/webflyer/gsp -handbook -scheme -new-zealand .  
 
Note: New Zealand  is currently reviewing this list and we expect t his process to be concluded by the 
end of the year.  
 WT/TPR/M/426/Add.1  
 
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  UNITED KINGDOM  
Secretariat report  
 
Questions  
 
SUMMARY  
Paragraph 7  
 
UK Question 1:  Please could New Zealand  provide any relevant data or examples of how the 
government aims to support domestic or international businesses with accessing preferences under 
the Free Trade Agreements?  
 
Response:  
The New Zealand  Government supports domestic and international business es with accessing 
preferences under FTAs by providing resources such as:  
 
- A dedicated Export Helpdesk team to assist with any export issues, with an average resolution 
time of 5.5 days, and an 84 percent satisfaction rate, over the most recent period.  
- Regular market intelligence reports providing businesses with up -to-date economic insights in 
key markets. Over the last quarter (Jan -March 2022), 34 Market Intelligence Reports were 
published, with 36,000 views and 90 % positive feedback.  
- A Tariff Find er (https://www.tariff -finder.govt.nz/ ) that allows exporters to easily obtain 
applicable MFN and FTA tariffs. A total of 17,000 searches were conducted over the last 
quarter.  
- General information on how to read and use free trade agreements  
- Specific information for individual trade agreements, including a CPTPP -specific Services 
Exporter Tool that helps businesses quickly locate relevant information within the CPTPP: 
https://services -exporter -tool.govt.nz/   
 
Domestic and international businesses are also able to connect with relevant New Zealand  agencies 
for resources, guidance and support: Customs New Zealand , Education New Zealand , Ministry for 
Foreign Affairs and Trade, Ministry for Primary Industries, New Zealand  Trade and Enterprise, 
New Zealand  Export Credit Office and the Ministry of Business, Innovation and Employment.  
 
Questions  
 
Secretariat Report (S426)  
 
1 ECONOMIC ENVIRONMENT  
1.2 Recent Economic Developments  
 
Paragraph 1.12  
UK Question 2:  Could New Zealand  please indicate the measures that are being undertaken to 
address the low labour supply due to muted migration flows? Is New Zealand  taking any steps to 
change this policy ? 
 
Response:  
The Government is progressively re -opening the borders under the Reconnecting New Zealand  
programme. From March 2022, working holiday makers have been able to enter the country, and in 
July 2022, temporary migrant workers approved under the new Accre dited Employer Work Visa will 
be able to enter. New Zealand 's border will be fully reopened by the end of July.  
 
Throughout the period of border restrictions, targeted exemptions were made to allow priority 
sectors with high labour and skills needs to acce ss suitable migrant workers. The Government also 
extended the terms of work visas issued to migrants who were in New Zealand  during the border 
restrictions, and agreed in 2021 to offer residence visas to large numbers of these migrants.  
 WT/TPR/M/426/Add.1  
 
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  Questions  
 
2 TRADE  AND INVESTMENT REGIMES  
2.3 Trade Agreements and Arrangements  
2.3.2  Regional and preferential trade agreements  
 
Paragraph 2.35 Upgrades of existing FTAs  
UK Question 3:  Could New Zealand  please provide additional detail on the Protocol's expansion of 
existing commitments for temporary movement of natural persons? In which area(s) have the 
commitments been liberalised?  
 
Response:  
The NZ -China FTA Upgrade Protocol makes amendments in relation to temporary movement of 
natural persons, including in response to New Zealand  business and sector group requests to address 
Chinese language skills gaps in the education and tourism sectors. I n particular, certain adjustments 
were made to the visa allocations. Within the unchanged overall visa cap of 800, there was a 
redistribution of the visa allocations for 'iconic' Chinese occupations. There was an increase in the 
allocations for Chinese Tou r Guides (from 100 to 200 places) and Mandarin Teaching Aides 
(from  150 to 300 places), balanced by a corresponding decrease in allocations for the other less -
utilised visa categories of Traditional Chinese Medicine Practitioners (from 200 to 75) and 
Chine se Wushu Marshal Arts Coaches (from 150 to 25). In addition, the existing Chinese Tour Guide 
category in the FTA has been broadened to Chinese Tourism Specialist, with a number of new 
eligibility criteria introduced, designed to make it easier for New Zealand businesses to employ 
suitably qualified staff through this visa category.  
 
Questions  
 
2 TRADE  AND  INVESTMENT  REGIMES   
2.3 Trade Agreements and Arrangements  
2.3.2 Regional and preferential trade agreements  
 
Paragraph 2.35 Upgrades of existing FTAs  
UK Question 4:  Could New Zealand  please indicate if the Protocol's expansion of existing 
commitments for temporary movement of natural persons will increase Mode IV trade [and/or 
New Zealand 's trade]? If so, please can examples be provided?   
 
Response:  
The NZ -China FTA Upgrade Protocol makes amendments in relation to temporary movement of 
natural persons, including in response to New Zealand  business and sector group requests to address 
Chinese language skills gaps in the education and tourism sectors. In particular, certain adjustments 
were made to the visa allocations. Within the unchanged overall visa cap of 800, there was a 
redistribution of the visa allocations for 'iconic' Chinese occupations. There was an increase in the 
allocations for C hinese Tour Guides (from 100 to 200 places) and Mandarin Teaching Aides 
(from  150 to 300 places), balanced by a corresponding decrease in allocations for the other less -
utilised visa categories of Traditional Chinese Medicine Practitioners (from 200 to 75)  and Chinese 
Wushu Marshal Arts Coaches (from 150 to 25). In addition, the existing Chinese Tour Guide category 
in the FTA has been broadened to Chinese Tourism Specialist, with a number of new eligibility criteria 
introduced, designed to make it easier fo r New Zealand  businesses to employ suitably qualified staff 
through this visa category.  
 
Questions  
 
2.4 Foreign Investment Regime  
2.4.2  Other aspects of New Zealand 's foreign investment regime  
 
Paragraph 2.54  
UK Question 5:  Could New Zealand  please provid e additional detail on which sectors of operation 
or which Research & Development (R&D) efforts are eligible for grants for firms looking to establish 
or expand significant business operations in New Zealand ?  
 WT/TPR/M/426/Add.1  
 
- 177 - 
 
  Response:  
The Strategic Investment Fund (SIF)  provides grants for feasibility studies to enable potential 
investors to gauge the suitability of substantial investment opportunities. This is available to 
businesses operating in all sectors. More information about this fund is available in the answer 
immediately below.  
 
Depending on whether a firm has already established a presence in New Zealand , it may also be 
eligible for other research and development (R&D) funding such as the R&D tax incentive. This 
incentive is available for those addressing scien tific or technological Uncertainty. More information 
can be found here: https://www.rdti.govt.nz/rdti -eligibility/eligible -r-d-activity . 
 
Questions  
 
2.4 Foreign Investment Regime  
2.4.2  Other aspects of New Zealand 's foreign investment regime  
 
Paragraph 2.54  
UK Question 6:  Could New Zealand  please explain how New Zealand  Trade & Enterprise (NZTE) 
determines the eligibility of the grant for foreign firms looking to establish or expand significant 
business operations in New Zealand ? Is this process the same for domestic firms, as it is for non -
domestic firms – and, if not, how does it differ?  
 
Response:  
The Strategic Investment Fund (SIF) provides grants for feasibili ty studies to enable potential 
investors to gauge the suitability of substantial investment opportunities . Grants are made available 
for up to 50% of the costs of a feasibility study, up to a maximum of NZD  250,000 . It is available 
equally to both New Zealand-based businesses and overseas businesses looking to establish or 
expand business operations in New Zealand . It is also available to New Zealand -based companies 
looking to invest significantly offshore .  
 
In all cases, the fund must be used to support i nvestments that are capable of bringing significant 
tangible and strategic benefits to New Zealand  including:  
 
• Adding value to existing economic infrastructure or providing new opportunities which are 
beneficial to New Zealand  firms or economy  
• Generating significant net economic benefit, including:  
 
- Substantial net new high value jobs  
- Revenue and profitability  
- Capital investment  
 
• Leveraging regional capabilities to create new investment opportunities  
• Supporting extent of industry development including introduction of new technology or 
innovative practices  
• Any findings potentially being useful for other projects and the wider industry  
• The impact on New Zealand 's sustainable position  
• The impact that SIF funding will have on the project  
• Any other potential impact on New Zealand 's economy  
 
The eligibility criteria are the same for both New Zealand -based businesses and th ose based 
offshore .  
 
The fund in total is NZD 1.2 million; on average each approved project obtains a grant for 
NZD 100,000.  
 WT/TPR/M/426/Add.1  
 
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  Questions  
 
Secretariat Report (S426)  
 
3. TRADE POLICIES AND PRACTICES BY MEASURE  
3.2 Measures Directly Affecting Exports  
3.23 Export prohibitions, restrictions, and licensing  
 
Paragraph 3.74  
UK Question 7:  The United Kingdom notes that New Zealand  has controls on the export of live 
animals (unless exempted) and on cattle, deer, goats and sheep being exported for slaughter under 
the Customs Export Prohibition (Livestock for Slaughter) Order 2010  and Animal Welfare Act 1999. 
Could New Zealand  please confirm the  impact  in relation to animal welfare, which is the stated 
reason for the controls on the New Zealand  Customs service webpage covering export prohibitions 
and restrictions?  
 
Response:  
Animal welfare is an important issue for New Zealand . New Zealand continues to strive to improve 
animal welfare outcomes in relation to exports of live animals, firstly though the conditional ban on 
the export of livestock for slaughter in 2016. Information and the outcome of consultations can be 
found on the New Zealand  Ministry for Primary Industry's website here:  
https://www.legislation.govt.nz/regulation/public/2016/0173/latest/DLM6902418.html  and 
https://www.mpi.govt.nz/consultations/consultation -on-proposed -animal -welfare -regulations/ .  
 
The consultation document itself can be found here:  
https://www.mpi.govt.nz/dmsdocument/11909 -Proposed -regulations -for-the-transport -of-live-
animals -from-New-Zealand .  
 
New Zealand  has further conti nued to improve animal welfare outcomes through a review of 
livestock exports for breeding purposes in 2019, which focused on the export of cattle, sheep, goats, 
and deer. The options presented by the review are under consideration.  
 
Questions  
 
Measures Affecting Production and Trade  
3.3.4 Sanitary and phytosanitary requirements  
3.3.4.4 Genetically Modified Organisms (GMOs)  
 
UK Question 8:  What are the proposed changes to the definitions of "food produced using gene 
technology" and "gene technolo gy"?  
 
UK Question 9 : What effect would these proposed changes have on foods being assessed as safe 
for consumption in New Zealand ?  
 
UK Question 10 : Would any of the proposed changes, identified under UK Question 8 have any 
trade affecting consequences?  
 
Response:  
The process of amending the Australia New Zealand  Food Standards Code that relate to GMOs is still 
in progress. Information on this work can be found on the FSANZ website: 'Proposal P1055 – 
Definitions for gene technology and new breeding techniq ues' at 
https://www.foodstandards.govt.nz/code/proposals/Pages/p1055 -definitions -for-gene-technology -
and-new-breed ing-techniques.aspx .  
 
The first consultation period opened on 7 October 2021 and ended on 3 December 2021 and sought 
comment on the proposed approach to changes to the definitions of "gene technology" and "food 
produced using gene technology". The next round of public consultat ion, in 2022, will be seeking 
comments on the draft regulatory measures including the draft definitions of those terms.  
 WT/TPR/M/426/Add.1  
 
- 179 - 
 
  Questions  
 
3.3 Measures Affecting Production and Trade   
3.3.7 Government Procurement  
 
Paragraph: 3.158  
UK Question 11 : Section 3.158 outlines the Government Procurement Charter which sets out 
expectations for how government procurement should be carried out to achieve public values such 
as creating opportunities for local business. Please could New Zealand  provide further detail of the 
expectations which the Government Procurement Charter sets out? Please could New Zealand  
provide examples of such opportunities for local business?   
 
Response:  
Information and guidance for agencies on how to provide opportunities for local business is pub lished 
here:  
https://www.procurement.govt.nz/broader -outcomes/increasing -access -for-new-zealand -
businesses , and a check sheet is available here:  
https://www.procurement.govt.nz/assets/procurement -property/documents/broader -
outcomes/removing -barriers -for-new-zealand -businesses.pdf  
 
Questions  
 
Measures Affecting Production and Trade   
3.3.7 Government Procurement  
 
Paragraph: 3.160  
UK Question 12:  Section 3.160 outlines the amendments following the update to the Government 
Procurement Rules which came into effect in 2019. The amendment includes a requirement that at 
least 5% of the total number of mandated government agencies procurement contracts must be 
awarded to Māori businesses. Additional context and guidance added to the new version of the 
Procurement Rules from 2019 further states that New Zealand  may adopt measures it seems 
necessary to accord favourable treatment to the Māori. Please could  New Zealand  also provide 
examples of the type of measures which could accord 'favourable treatment'?  
 
Response:  
No such measures have been adopted.  
 
Questions  
 
3 Measures Affecting Production and Trade   
3.3.7 Government Procurement  
 
Paragraph: 3.162  
UK Question 13 : Section 3.162 outlines the two new Procurement Rules approved by Cabinet 
in 2021. Rule 18A requires procuring entities to consider ways in which they can create quality 
employment opportunities. Please could New Zealand  provide a defi nition for quality employment 
opportunities and suggest examples of the ways procuring entities could create quality employment 
opportunities?  
 
Response:  
Quality employment opportunities includes opening up work opportunities to a more diverse range 
of emp loyees and contractors, especially considering the following groups: Māori, Pacific peoples, 
women, youth, and disabled people.  
 WT/TPR/M/426/Add.1  
 
- 180 - 
 
  Questions  
 
3.3 Measures Affecting Production and Trade   
3.3.7 Government Procurement  
 
Paragraph: 3.163  
UK Question 14 : Section 3.163 introduces the New Zealand 's e-procurement platform, the 
Government Electronic Tenders Service (GETS). Please could New Zealand  confirm that international 
companies without a presence in New Zealand  have access to GETS?  
 
Response:  
A presenc e in New Zealand  is not a requirement to access GETS.  
 
Questions  
 
3.3 Measures Affecting Production and Trade   
3.3.7 Government Procurement  
 
Paragraph: 3.170  
UK Question 15 : Section 3.170 suggests three cases where the Government Procurement Rules 
allow for exemptions from the requirement to openly advertise their tenders on GETS. However, 
such exempted procurement still needs to comply with other applicable Rules. Please cou ld 
New Zealand  advise what 'applicable rules' these tenders need to follow?  
 
Response:  
The Rules that procuring entities must still follow in these circumstances relate to such matters as 
protecting the confidentiality of supplier information, seeking broa der outcomes, keeping records, 
paying promptly and managing supplier complaints.  
 
Questions  
 
3.3 Measures Affecting Production and Trade  
3.3.7 Government Procurement  
 
Paragraph: 3.171  
UK Question 16 : Section 3.171 suggests that the New Zealand -China Free Trade Agreement 
upgrade contains provisions on transparency and anti -corruption including commitment from China 
to enter into negotiations with New Zealand  once China completes accession to the Govern ment 
Procurement Agreement or if it were to negotiate such provisions with another country. Please could 
New Zealand  provide further detail on the scope of these provisions on transparency and anti -
corruption.  
 
Response:  
The NZ -China FTA Upgrade adds a new  Government Procurement chapter to the FTA. This includes 
provisions that promote more open, fair, competitive and transparent procurement; and 
commitments to have laws and policies in place to conduct procurement with integrity and to prevent 
corruption. The Chapter also includes a built -in agreement to enter into market access negotiations 
with New Zealand  once China completes its accession to the WTO Agreement on Government 
Procurement, or if it were to negotiate market access on government procurement w ith another 
country.  
 
Questions  
 
3.3 Measures Affecting Production and Trade  
3.3.8  Intellectual property rights  
3.3.8.10  Geographical indications  
 
Paragraph 3.208.  
UK Question 17 : We noted that the Health Promotion Agency Levy (HPAL) applies with spirits and 
other alcoholic drinks exceeding 23% alcohol by volume paying 12.9984 cents per litre while lower 
rates per litre apply to lower -strength products . Please could New Zealand  clarify whether it plans WT/TPR/M/426/Add.1  
 
- 181 - 
 
  to alter the HPAL rates? If not, please could New Zealand explain why different rates apply to 
different strengths of products?  
 
Response:  
An adjustment to the alcohol levy rates on alcohol products took place on 1 July 2021. The current 
rates are in Schedule 4B of the Health and Disability Act 2000:   
https://www.legislation.govt.nz/act/public/2000/0091/latest/DLM4587082.html . 
 
At this stage, there is no plan to alter the 2021/22 rates for the 2022/23 financial year. If the Pae 
Ora (Healthy Futures) Bill currently before the House is enacted as is, the rates for each class of 
alcohol product in Schedule 6 of the Bill will be the same as those in Schedule 4B of the Act above. 
The Bill is available here:  
https://www.legislation.govt.nz/bill/government/2021/0085/latest/LMS576023.html   
 
In New Zealand , higher alcohol by volume products generally attract more excise tax or levy monies 
to reduce consumption and to raise money for the government.  
 
Unlike excise tax, the levy monies are hypothecated – they are raised to help the government pay  
for the costs caused by the product. Under legislation, the levies may be imposed for the purpose of 
enabling the Health Promotion Agency (soon to be Ministry of Health) to recover its costs in 
(i) addressing alcohol -related harm and (ii) its other alcoho l related activity. Approximately 
NZD 11.5 million is raised per year.  
 
From 1 July 2021, the alcohol levy rate for spirit and spiritous beverages containing more than 23 % 
alcohol by volume is 12.7876 cents per litre of alcohol, as per this link to the Hea lth Promotion 
Agency's website: https://www.hpa.org.nz/levy -on-alcohol   
 
Questions  
 
4.4 Services  
4.4.1  Financial Services  
 
Paragraph 4.70  
UK Question 18 : Report WT/TPR/S/426 highlights that financial a uthorities are looking to introduce 
a mandatory climate -related financial disclosure for financial entities and have passed the Financial 
Sector Amendment Bill. Could New Zealand  please provide more information on the rules required 
by business and the imp act on a business of not meeting these rules and how they expect it will 
reduce the climate impact?  
 
Response:  
The Financial Sector (Climate -related Disclosures and Other Matters) Amendment Act 2021 (the Act) 
requires approximately 200 large financial markets institutions (the reporting entities ) to prepare 
climate statements in accordance with standards issued by New Zealand 's External Reporting Board . 
The reporting entities include large banks, insurers, non -bank deposit takers, listed issuers and 
managers of investment schemes . The Act requires that reporting entities prepare and lodge annual 
climate statements a nd keep proper records.  
 
The External Report Board intends to require reporting consistent with the recommendations issued 
by the Taskforce on Climate -related Financial Disclosures ( TCFD ) in 2017 which are international 
best practice . The TCFD recommended 11 sets of disclosures under four headings: governance, 
strategy, risk management, and metrics and targets . The TCFD framework is intended to help public 
companies and other organisations more effectively disclose their climate -related risks and 
opportunit ies through their existing reporting processes.  
 
Offence provisions are contained in the Act . It is an offence for a reporting entity or a director of a 
reporting entity to lodge a climate statement knowing  that it fails to comply with the applicable 
clima te standard . If convicted, a reporting entity is liable for a fine not exceeding NZD 2.5 million; 
while an individual is liable for imprisonment for a term not exceeding 5 years, or a fine not exceeding 
NZD 500,000, or both.  
 
There are also civil liability provisions in the Act . Pecuniary penalties not exceeding NZD 1 million 
(in the case of an individual) or NZD 5 million (in any other case) may be imposed for failure to WT/TPR/M/426/Add.1  
 
- 182 - 
 
  (i) keep proper climate -reporting records, (ii) prepare climate statements, a nd (iii) lodge climate 
statements.  
 
The introduction of the Act is based on the premise that financial markets will help contribute to the 
economic transformation that is needed to shift investment away from emission -intensive activities, 
towards those th at are more resilient and produce lower emissions. The purpose of the Act is 
therefore to ensure that the effects of climate change are routinely considered in business, 
investment, lending and insurance underwriting decisions.  
 
Questions  
 
4.4.3  Transport Services  
4.4.3.1 Overview  
 
Paragraph 4.123  
UK Question 19:  Please could New Zealand  provide more information on how the draft Emissions 
Reduction Plan could potentially impact transport services, due to cost of meeting targets or being 
unable to meet the targets?  
 
Response:  
The Emissions Reduction Plan sets out actions that New Zealand  will take to reduce its emissions 
domestically. Mitigation will require significant funding. New Zealand  will need to make choices on 
how it mitigates emissions from its transport sector to improve health, safety, climate and economic 
outcomes, including wh o might bear the cost of that change.  
 
Questions  
 
4.4.3  Transport services  
4.4.3.1  Overview  
 
Paragraph 4.123  
UK Question 20 : Please could New Zealand  provide any details on their plans to decarbonise 
emissions from international shipping and aviation?   
 
Response:  
New Zealand  is a member of both the International Civil Aviation Organization (ICAO) and the 
International Maritime Organization (IMO). In th ese forums New Zealand  has sought high ambition, 
including joining the Carbon Offsetting Reduction Scheme for International Aviation in 2016 and 
supporting IMO's adoption of the Initial IMO Strategy on Reduction of Greenhouse Gas Emissions 
from Ships in 20 18.  
 
New Zealand  is engaged in the further work these forums are doing to reduce sectoral emissions. 
For example, the New Zealand  delegation will attend IMO negotiations in 2022 which will focus on 
development and introduction of mid - and long -term measur es, including market -based measures 
(MBMs) to incentivise GHG emission reduction for shipping. Upcoming IMO negotiations will also 
focus on an ambitious revised IMO Strategy.  
 
New Zealand  also signed up to the International Aviation Climate Ambition Coalition (the Coalition) 
and signed the associated International Aviation Net Zero Declaration ahead of the 2021 United 
Nations Climate Change Conference (COP26). The declaration commits State s to reduce aviation 
emissions consistent with efforts to limit the global average temperature increase to 1.5°C, have 
net zero international aviation emissions by 2050, and to convene periodically at ministerial and 
official levels to advance and review p rogress, among other commitments.  
 
At COP26 in 2021 New Zealand  signed the Clydebank Declaration which seeks to establish zero -
emissions shipping on 6 key trade routes by 2025, with more to follow by 2030. New Zealand  will 
work with like minded countries to facilitate partnerships, with participation from ports, operators 
and others along the value chain to establish green shipping corridors.  
 
It is likely that some of the actions that will be taken domestically through the Emissions Reduction 
Plan may be  beneficial for New Zealand 's international aviation and shipping activities. For example, 
New Zealand  is exploring the setting of a sustainable aviation fuels mandate. New Zealand  also WT/TPR/M/426/Add.1  
 
- 183 - 
 
  intends to undertake research to advance the development and uptake of  alternative low -and zero -
carbon fuels for shipping in New Zealand  and develop safety and environmental standards for their 
use.  
 
Additionally, section 5R of New Zealand 's Climate Change Response Act 2002 requires 
New Zealand 's Climate Change Commission t o, no later than 31 December 2024, provide written 
advice to the Minister of Climate Change on if the domestic 2050 target should be amended to 
include emissions from international shipping and aviation. No decisions have been taken on this 
yet. Work to an alyse and consider this, from the Climate Change Commission and by Ministry of 
Transport, will commence late 2022/early 2023.  
 
Government Report  
 
Questions  
 
2.1 Current economic priorities  
 
New Zealand 's Living Standards Framework  
UK Question 21:  The New Zealand  Government states that it prioritises wellbeing outcomes when 
considering policy interventions, including trade policy. Please could New Zealand  expand on or 
provide examples of on the impact of the consideration of wellbeing outcomes on your t rade policy?  
 
Response:  
New Zealand 's Trade for All policy is the overarching framework through which wellbeing outcomes 
are incorporated into trade policy.  
 
New Zealand  has developed the Productive, Sustainable and Inclusive Trade Channels Framework 
to as sist with evaluating the impact of trade on wellbeing outcomes. Alongside this framework, 
New Zealand  has devoted considerable effort to developing the evidence base around the 
distribution of New Zealand 's goods export firms and their workers, leaders and  owners. This 
includes distributional aspects such as the gender and ethnicity of workers, leaders and owners. The 
framework and accompanying evidence base was utilised in the National Interest Analysis of the NZ -
UK FTA, which includes specific sections on  the impact of that FTA on women, Māori, SMEs and 
different regions.  
 
New Zealand  has also conducted a deeper dive on trade and gender settings, in conjunction with 
the OECD. That review, published on 25 May, highlighted that women were underrepresented in  
trade as workers, leaders and business owners/entrepreneurs, and received less of the benefits of 
trade. The review made a range of policy recommendations to improve trade and gender outcomes.  
 
The Productive, Sustainable and Inclusive Trade Channels Fram ework is available here: 
https://www.mfat.govt.nz/assets/Trade -General/Trade -stats-and-economi c-research/Productive -
Sustainable -and-Inclusive -Trade -Channels -Framework.pdf   
 
Questions  
 
3.1 Introduction  
Trade for All  
 
Paragraph 3.3  
UK Question 22:  Please could New Zealand  provide further and more detailed information (beyond 
that provided in paragraphs 3.4 to 3.6 and paragraph 5 of Report WT/TPR/S/426 as to how it is 
incorporating the Trade for All agenda into its trade policy, including FTA negotiations, and what it 
sees as the objectives or outcomes of this inclusion?   
 
Response:  
The Trade for All agenda is a key component of New Zealand 's trade policy . Its principles (available 
here:  https://www.mfat.govt.nz/en/trade/nz -trade-policy/trade -for-all-agenda/ ) underpin our 
approach to trade policy, including negotiation priorities for Free Trade Agreement negotiations . 
New Zealand 's goal is a trade policy that works alongside other governm ent policies to support 
sustainable and inclusive economic development.  
 WT/TPR/M/426/Add.1  
 
- 184 - 
 
  New Zealand  has undertaken a variety of initiatives as part of the government's Trade for All agenda 
and to promote inclusive and sustainable trade, as outlined in the Government's re port as part of 
this Trade Policy Review (WT/TPR/G/426). This has included through international plurilateral 
initiatives, such as ITAG, the GTAGA, and the ACCTS, as well as through our work in fora such as 
the WTO and APEC, including on the reform of envi ronmentally harmful subsidies. New Zealand  has 
also looked to progress and agree ambitious outcomes in FTAs, such as through the CPTPP and  
NZ-UK FTA, and enhance understanding of the distributional impacts of trade through gender and 
ethnicity -disaggregated research into trade participation in New Zealand . 
 
It is also important for New Zealand  to ensure that a range of stake -holder voices and  perspectives 
are included in our approach to trade and trade policy. This is a key part of New Zealand 's Trade for 
All agenda.  
 
Questions  
 
3.1 Introduction  
Trade Recovery Strategy  
 
Paragraph 3.11  
UK Question 23 : Could New Zealand  please clarify if it has undertaken any research to consider 
resilience to climate change as part of their Trade Recovery Strategy?  
 
Response:  
Consideration of resilience to climate change in New Zealand  is much broader than the Trade 
Recovery Strategy (TRS).  
 
The TRS brings toget her the efforts of a range of agencies1 to seek a recovery that is sustainable, 
inclusive and resilient and can contribute to addressing global challenges such as climate change. 
Many of these agencies have their own sector -specific climate change action plans . The proposed 
TRS 2.0 is intended to complement and support longer -term government work programmes for 
economic transformation, including New Zealand 's Emissions Reduction Plan (ERP) and National 
Adaptation Plan (NAP).  
 
The NAP and ERP set out the actions New Zealand  will take to transition to a low -emissions and 
climate -resilient future. By extension, they will help our resilience regarding trade exports/imports.  
 
The NAP seeks to address climate impacts, and specifical ly in relation to trade from disrupted local 
and global supply chains and on land -based primary industries, fisheries and aquaculture, and 
tourism, which depend on climate -sensitive natural resources. These three industries comprise over 
60 per cent of our  exports. Some are also vulnerable to the spread of pests or disease due to climate 
change, and the NAP highlights plans to strengthen our biosecurity system to identify and manage 
these risks early .  
 
The NAP details New Zealand  Government -supported resea rch and projects related to climate 
change adaptation.  
 
The NAP is currently in draft form and out for consultation. It is a statutory requirement under 
New Zealand 's Climate Change Response Act and will set out the Government's objectives for 
adapting to  the effects of climate change; the Government's strategies, policies, and proposals for 
meeting those objectives; and the time frames for implementing strategies, policies, and proposals. 
It is informed by a prior assessment undertaken of the risks to New Zealand  from the current and 
future effects of climate change.  For more information, see 
https://environment. govt.nz/publications/adapt -and-thrive -building -a-climate -resilient -aotearoa -
new-zealand -consultation -document .  
 
 
1 Trade Recovery Strategy agencies are: Ministry of Foreign Affairs and Trade; New Zealand  Trade and 
Enterprise; Ministry of Business, Innovation and Employment; Ministry of Primary Industries; Ministry of 
Transport; Te Puni K ōkiri / Ministry of Māori Development; Treasury; Customs; Ministry of Education; 
Education New Zealand ; Tourism New Zeal and. WT/TPR/M/426/Add.1  
 
- 185 - 
 
  Questions  
 
5.4 Inclusive and Sustainable Trade  
Trade and Environment, Climate Change and Sustainability  
 
Paragraph 5.16  
UK Question 24:  Could New Zealand  please provide an update on their plans for fossil fuel reform?  
 
Response:  
New Zealand  is a global leader on fossil fuel subsidy reform, and is transparent in our own 
experiences in reforming fossil fuel subsidies and support measures . New Zealand  voluntarily 
submitted to peer reviews under OECD (in 2018) and APEC (in 2015) processes, in order to support 
greater transparency and to ensure that New Zealand  meets its own reform objectives .  
 
New Zealand  is progressing with reviewing its rem aining fossil fuel support measures. The 
Government has recently completed a review of fossil fuel support measures in response to a review 
by the OECD on the management of International Energy Agency oil stocks, and research and 
development funding for th e oil industry. One research project was identified that may be seen as a 
support measure for the fossil fuel sector, but will be finished by the end of September 2022. 
New Zealand 's Inland Revenue Department is actively considering reform of a tax deducti on for 
petroleum mining development expenditure to bring it in line with tax treatment for other industry 
sectors, with decisions due towards the end of 2022.  
 
New Zealand  has recently announced emissions budgets for three emissions budget periods – 2022 
to 2025, 2026 to 2030, and 2031 to 2035 – plus an Emissions Reduction Plan  which sets out policies 
and strategies to achieve these emissions budgets. This also includes work to move away from fossil 
fuels and shift towards increased renewable electricity g eneration and development and use of other 
low-emissions fuels. In particular, the Energy and Industry chapter of the Emissions Reduction Plan 
includes a focus area on reducing reliance on fossil fuels and supporting the switch to low -emissions 
fuels, incl uding work to:   
 
• develop  a national  Energy  Strategy  to address  strategic  challenges  in the energy  sector,  and 
signal  pathways  away from fossil fuels;  
• investigate  opportunities  to support  development  of low emission  energy  supply  options  
relating  to renewable  gas and bioenergy  to support  future  emissions  reductions;  
• develop  a National  Direction  for Industrial  Greenhouse  Gases,  which  proposes  to ban new low 
and medium  temperature  coal boilers  and phase  them out by 2037;  and 
• transition  buildings  from fossil fuels to low-emissions  renewable  energy.  
 
New Zealand  is also a member  of the Powering  Past Coal Alliance  to phase  out coal in electricity  
generation.    
 
New Zealand  promotes the benefit of reform through our leadership in the 'Friends  of Fossil Fuel 
Subsidy Reform' grouping; through bilateral, regional and multilateral fora – including the WTO (in 
the CTE and TESSD), APEC (during NZ's host year in 2021 APEC economies agreed to a voluntary 
standstill on fossil fuel subsidies), and the U NFCCC; and in bilateral FTAs . New Zealand  is also one 
of six countries negotiating the open plurilateral Agreement on Climate Change, Trade and 
Sustainability (ACCTS), which will design and implement binding disciplines to eliminate harmful 
fossil fuel sub sidies .  
 
Questions  
 
5.4 Inclusive and Sustainable Trade  
Women's Economic Participation  
 
Paragraph 5.24  
UK Question 25:  Could New Zealand  please provide further detail on whether the Global Trade and 
Gender Arrangement (GTAGA) intends to include stakeholders from civil society in its work, and if 
so, how the group will ensure a broad range of voices are included?  
 WT/TPR/M/426/Add.1  
 
- 186 - 
 
  Response:  
It is important for New Zealand  to ensure a broad range of stakeholder voices are included in 
addressing issues that might be considered under the GTAGA.  
 
There have been a number of successful implementation events undertaken since the GTAGA was 
signed, attracting hundr eds of participants from across the GTAGA membership and beyond. 
New Zealand  stakeholders have been well -represented in these events, including leading women 
business leaders from the private sector as well as government officials. The GTAGA includes speci fic 
provisions aimed at cooperative activities to enhance economic opportunities for Indigenous women 
and those in rural areas.  
 
GTAGA information, including recordings of past activities, can be accessed here: 
https://www.mfat.govt.nz/en/trade/nz -trade -policy/inclusive -trade-action -
group/?msclkid=1f4bb0b1ce6c11ec865c1cde5404e238  
 
Questions  
 
5.4 Inclusive and Sustainable Trade  
Women's Economic Participation  
 
Paragraph 5.26  
UK Question 26 : Could New Zealand  please share further detail on the measures that were included 
in their three -year programme of work that brought about the reduction in their gender pay gap, 
and was any monitoring and evaluation conducted that can demonstrate a causal link between the 
actions taken and the reduction?  
 
Response:  
The Public Service Gender Pay Gap Action Plan  2018-20 was introduced acro ss 34 public service 
departments in 2018. Since 2018, the Public Service gender pay gap has fallen more than in any 
other three -year period since measurement began in 2000, and is lower in 2021 than it has ever 
been, at 8.6 %. For more data and information see: https://www.publicservice.govt.nz/our -
work/workforce -data/remuneration -pay/pay -gaps/ .  
 
The Gender Pay Gap Action Plan required agencies to measure, a nalyse, address, and publish their 
gender pay data for the first time. It set system and agency level milestones focusing on:  
 
• ensuring starting salaries, and salaries for the same or similar roles, are free of gender or other 
types of bias ; 
• treating a ll roles as flexible unless there's good business reason for them not to be (flexible work 
by default) ; 
• removing bias from all human resources and remuneration systems and policies ; 
• achieving gender balance in leadership.  
 
As a result, women's leadersh ip in the Public Service is at an all -time high, with women holding 
53.5% of senior leadership positions. All Public Service agencies have checked and corrected pay 
inequalities in the same or similar roles, for men and women. Almost 80 % of public servants  work 
flexibly, with women slightly more likely to work flexibly than men.  
 
Several factors have contributed to the success of the Action Plan so far, including:  
 
• commitment to changing the system instead of changing women ; 
• genuine collaboration betwe en government, unions, and Public Service agencies ; 
• coordinated and comprehensive action ; 
• an infrastructure that provides support to Public Service agencies and holds them accountable for 
progress.  
 
Monitoring and Evaluation  
The Public Service Commission runs an annual Public Service Workforce Data collection that collects 
employee -level data (including factors such as salary, gender, ethnicity, age, agency, occupation, 
and seniority).  
 WT/TPR/M/426/Add.1  
 
- 187 - 
 
  This is available at: https://www.publicservice.govt.nz/our -work/workforce -data/remuneration -
pay/pay -gaps/ . This allowed monitoring and analysis of year -to-year changes in the gender pay gap . 
For example, there was  a large fall in the gender pay gap between 2018 and 2019 . Simple modelling 
was undertaken using Workforce Data to estimate the impact of different factors on this decrease . 
This found that the reduction in the Public Service gender pay gap between 2018 -19 can be 
attributed to the following influences:  
 
• Pay equity settlements (~33% of reduction)  
• Increase in female leadership roles (~15% of reduction)  
• Other agency actions, such as correcting 'like for like' differences, and lifting the salaries of 
the lowest paid employees in response to the Government Expectations on State Sector 
Employment Relations (~52%)  
 
The modelling took the form of scenario testing (e.g., what would the gender pay gap have been if 
there had been no change in the number of femal e senior leaders) .  
 
Questions  
 
5.4 Inclusive and Sustainable Trade  
Women's Economic Participation  
 
Paragraph 5.26  
UK Question 27 : Could New Zealand  please provide further information on the way in which it is 
addressing (and intends to address) some of the challenges facing women in agriculture, and how 
it intends to support directly and indirectly women's participation in agricultural sector?  
 
Respo nse: 
Inclusive trade is an important issue in New Zealand , and a key New Zealand  Government policy 
objective, including with respect to women's participation in agriculture. Recent examples of 
government initiatives in this context are: In 2020 and 2021 th e Ministry for Primary Industries 
(MPI) and Rural Women NZ organised two one -day activator sessions to support more women 
entrepreneurs participating in the primary sector. Experienced panel mentors gave the small 
businesses practical, hands on advice abou t how to transform their idea or small operation into a 
viable part -time business that contributes income to the household and can be developed into a 
scalable business. MPI and Rural Women NZ are currently in the process of organising another, 
similar eve nt for 2022 .  
 
In 2020 and 2021 MPI partnered with GirlBoss New Zealand  to help attract more Māori and Pasifika 
young women into careers at MPI and in the primary industries. The GirlBoss Edge: Primary 
Industries programme is a 10 -day leadership accelerato r programme designed to equip young 
women from across Aotearoa with a vision and a clear pathway for a bright future, and to help future 
proof the primary industries.  
 
Further, there will be a number of action points in the Women's Employment Action Plan ( to be 
launched 30 June 2022) focused on supporting women entrepreneurs, which will benefit 
entrepreneurs and SMEs in the rural and agricultural sector.  
 
More broadly, efforts to address issues such as occupational segregation, and efforts to identify and 
address barriers to women participating in trade will indirectly impact on women working in the 
agricultural sector .  
Questions  
 
5.4 Inclusive and Sustainable Trade  
Women's Economic Participation  
 
Paragraphs 5.27 to 5.29  
UK Question 28:  On th e introduction of flexible working practices as default across the public 
sector, could New Zealand  please clarify whether there has been any monitoring and evaluation of 
the impact of this policy in delivering on gender equality outcomes within organisations?  
 WT/TPR/M/426/Add.1  
 
- 188 - 
 
  Response:  
The Public Service Gender Pay Gap Action Plan included system - and agency -level mil estones on 
treating all roles as flexible unless there was a good business reason for them not to be (flexible 
work by default).  
 
There has not yet been any formal monitoring of the impact of the flexible -work-by-default policy in 
delivering gender equalit y outcomes within organisations, or at the Public Service sector level. The 
policy has had good take up with all 34 departments reporting that they have implemented such 
policies.  
 
In the course of work implementing the Gender Pay Gap Action Plan, a numbe r of individual women 
have spoken publicly about flexible -work-by-default being a key enabler in achieving their career 
aspirations.  
 
The first Public Service census Te Taunaki , conducted in May 2021, found that 78% of public servants 
use some kind of flexible work: 80% of female public servants, and 75% of male public servants. 
The uptake may reflect the high number of people working remotely in May 2021 due to COVID 
restrictions. The census will be conducted again in 2023.   
 
Questions  
 
7.10 Bilateral and Regional Trade Agreements under Negotiations  
Paragraph 7.20  
 
UK Question 29 : Could New Zealand  please provide further information as to why the Free Trad e 
Agreement with the Gulf Cooperation Council has not yet entered into force, and what remain the 
outstanding issues currently under discussion?  
 
Response:  
New Zealand  and the GCC substantively concluded negotiation of an FTA in 2009. The agreement 
was not  signed however as the GCC put a moratorium on FTAs so it could re -examine its trade 
diversification strategies and priorities.  
 
New Zealand  and the GCC have reengaged in FTA discussions from March this year. Given the lapse 
of time since the original negotiation, both sides want to ensure that the agreement is fit for purpose. 
For New Zealand  this includes exploring including environment and labour provisions in the 
agreement (labour and environment were not part of the 2009 outcomes).  
 
Questions  
 
7.10 Bilateral and Regional Trade Agreements under Negotiations  
Paragraph 7.20  
 
UK Question 30 : Report WT/TPR/G/426 that New Zealand  is working wit h the European Union to 
bring Free Trade Agreement negotiations to a successful conclusion. Given these negotiations were 
launched in 2018, could New Zealand  please provide more detailed information as to the progress 
of these talks and the date of their e xpected conclusion?  
 
Response:  
New Zealand 's negotiations with the European Union towards a high -quality FTA are making good 
progress, with many chapters now agreed or close to being agreed. Officials are working hard to 
bring negotiations to an end as soo n as possible. Summary reports of each negotiating round can 
be found here: https://www.mfat.govt.nz/en/trade/free -trade-agreements/free -trade -agreements -
under -negotiation/european -union -eu-new-zealand -free-trade -agreement/eu -nz-negotiating -
rounds/ .  WT/TPR/M/426/Add.1  
 
- 189 - 
 
  UNITED STATES OF AMERICA  
Questions based on the Secretariat Report (WT/TPR/S/426)  
 
Questions  
Page 16, paragraph 1.19 the report states that "The real effective exchange rate depreciated 
from 2017 until mid -2020, mirroring the declining interest differential" . Could you please provide 
clarification as to  this explanation?   Changes to the real effective exchange rate (REER) often result 
from changes in prices. We would expect the nominal exchange rate to be more affected by interest 
rate differentials.  
 
Response:  
The New Zealand  dollar nominal and real ex change rates depreciated by similar amounts over this 
period. This reflects that this period was characterised by low and stable inflation in most major 
economies, and small differentials in inflation between New Zealand  and our trading partners. 
New Zeala nd's interest rates (both nominal and real) were declining relative to major economies, in 
particular the United States, over most of this period.  
 
Questions  
Page 53, paragraph 3.80  the report states that the International Growth Fund (IGF) is discussed 
in the context of supporting firms that have the potential to contribute to New Zealand 's long -term 
economic growth. This program includes the ability to "access and raise finance for future 
opportunities" . Please explain whether any of the sub -programs incl uded under the International 
Growth Fund provide subsidies either directly, or indirectly, through access to financing, or other 
incentives, to companies which export. Additionally, please explain why New Zealand  did not include 
the IGF in its June 2021 Su bsidies Notification.  
 
Response:  
The International Growth Fund helps high growth businesses build management capability to raise 
capital internationally.  
 
The New Zealand  Cabinet approved the Growth Services Fund on 14 April 2003. In 2009, the fund 
was amended after approval from the New Zealand  Cabinet.  These approved changes included 
changing the name from the Growth Services Fund to the International Growth Fund ( IGF). Since 
initial approval in 2003, New Zealand  Trade and Enterprise has been the administrator of the IGF.  
 
The IGF was n otified to the WTO in 2011.  Since that notification, the IGF has been under review, 
with the effect that the criteria for which NZTE customers and activities were eligible for funding, as 
well as the amount of funding available, being changed several times . More recently, the volatility 
felt worldwide due to COVID -19 and various economic influences resulted in consideration being 
given as to whether further amendments should be made to the IGF. Those amendments have now 
been finalised, including to amend th e co-investment ratio so that it is now a 50:50 co -investment 
arrangement between NZTE and the recipient.  
 
An example of a recent IGF project involved c o-funding  an expansion project which aimed to diversify 
a product range.  This included s upported the cus tomer to bring on 3D design expertise, engage 
freelance designers and contract developers to create a Social Media program, launch a PR strategy 
and upgrade their online presence to cater to new product streams . 
 
The IGF is now in a stable position with no  further amendments planned to the Fund within the 
next 12–24 months. New Zealand  intends to notify the Fund, as a notifiable subsidy as part of our 
next Subsidy and Coutervailing Measures notification.  
 
Questions  
Page 58, Paragraph 3.101 and Box 3.1 – Please explain if Standards New Zealand  is also 
responsible for determining when standards should by notified to the WTO under the TBT agreement. 
How does TBT notification and consultation process fit into New Zealand 's standards development 
process, as described in Box 3.1?  
 WT/TPR/M/426/Add.1  
 
- 190 - 
 
  Response:  
All standards developed by Standards New Zealand  are voluntary and are not considered regulatory 
instruments unless cited in legislation. The agency responsible for a proposed citation, in consultation 
with the New Zealand  Ministry of Foreign Affairs and Trade, is responsible for determining when such 
standards should be notified under the TBT agreement.  
 
The standards development process, as described in Box 3.1, and the TBT notificatio n process are 
distinct and separate processes. Standards New Zealand  operates the National TBT enquiry point for 
New Zealand  on behalf of the Ministry of Foreign Affairs and Trade. Should Standards NZ be 
commissioned by an agency to develop a standard whic h the agency is proposing to cite in 
legislation, Standards NZ in its role as the National TBT enquiry point will support the agency to 
carry out necessary notification and consultation in respect of the regulatory instrument as per the 
TBT Agreement.  
 
Questions  
Page 73, Table 3.16: Please explain the legal and functional distinctions between a state -owned 
enterprise, a Public Finance Act Schedule 4A company, independent crown entities, mixed 
independent crown entities, crown entity companies, crown agents,  council -controlled trading 
organizations, and autonomous crown enterprises.  
 
Response:  
There are several differences between each of these entities. A diagram that demonstrates these 
differences can be found here:  
https://www.publicservice.govt.nz/assets/SSC -Site-Assets/SAPG/mog -supp-guidance -design -
choices.pdf   
 
Questions  
Page 82, Paragraph 3.182: The Secretariat Report notes that a new FTA signed with the 
United  Kingdom would oblige New Zealand  to make certain changes to its copyright system including 
"expanded rights for performers" .  
 
• Can New Zealand  provide details on precisely how the current universe of performer's rights 
in the C opyright Act would be expanded? What existing rights would be expanded? What new 
right, if any, would be added?  
 
Response:  
When New Zealand  acceded to the WIPO Performers and Phonograms Treaty, performers were 
provided with certain property rights relating  to sound recordings of their performances. The 
Copyright Act 1994 provides that a performer's rights are infringed where a person, without the 
performer's consent:  
 
• broadcasts a sound recording to the public;  
• copies a sound recording; or  
• issues copies of a sound recording to the public.  
 
Article 17.45 of the NZ -UK FTA requires that, in addition to three rights listed above, New Zealand  
will provide rights in relation to the playing of a sound recording in a public place  (Under 
New Zealand 's curre nt law, rights in relation to communications to the public apply in relation to 
broadcasts, but not the playing of a sound recording in public).  The NZ -UK FTA will require 
New Zealand  to amend the law accordingly . 
 
This change to the Copyright Act will be made in 2022 as part of the Bill to implement the NZ -UK 
FTA. 
 
Questions  
Page 86, Paragraph 3.205:  The report indicates that "[c]ommon or generic terms are not 
protectable, and an exception is available for prior continuous use of a registered GI" . 
 
• How a re generic terms in compound geographical indications treated, i.e. is there a disclaimer 
of the generic term or other statement in the record to clarify that the generic term is not 
protected?  WT/TPR/M/426/Add.1  
 
- 191 - 
 
  • In addition, can New Zealand  explain the nature of the exce ption noted in this sentence? This 
exception appears to permit non -owners of GI registrations to use a GI registered to another 
party if the non -owners had long -term prior continuous use of the term that is the subject of 
the GI registration. Is this under standing correct? If parties have prior use of a term that is 
the subject of another party's GI application, may the GI application be refused based upon 
prior rights or genericness? Could non -owner prior users seek cancellation of the registered 
GI based upon prior rights or genericness?  
 
Response:  
The protection of a multi -component GI, whether registered under the Trade Marks Act 2002 or the 
Geographical Indications (Wine and Spirits) Registration Act 2006, only applies to the whole mark 
or indication, and not to each component of the multi -compone nt of the indication or mark, unless 
the part or parts are themselves also separately registered. For example, the registration of SCOTCH 
WHISKY as a GI does not also protect or otherwise prevent use of the term "WHISKY" in trade. It is 
not New Zealand 's practice to include on the register an express disclaimer of generic components 
of multi -component GI or trade mark.  
 
Section 29 of the Geographical Indications (Wine and Spirits) Registration Act 2006 provides that 
the restrictions on the use of a register ed GI do not apply in respect of continuous and similar use 
by any New Zealand  person or entity of a term that is registered as a GI if that person or entity:  
 
• is using the term in trade and  
• has used the term in trade in a continuous manner at least from 15 April 1984; or  
 
that person or entity:  
 
• is using the term in trade and  
• has used the term in trade in a continuous manner in good faith since before 15 April 1994.  
 
Under sections 14 to 17 of the Geographical Indications (Wine and Spirits)  Registration Act 2006, 
an application to register a GI may be refused where the GI is identical or confusingly similar to a 
prior existing trade mark. Furthermore, under section 12, an application may also be refused 
registration where the GI is identical  to a term customary in common language as the common name 
of a wine or spirit in New Zealand . 
 
Under section 45, a person may apply for a GI to be removed from the register on the basis that it 
should not have been registered because at the time the appli cation was made it was identical or 
confusingly similar to a prior existing trade mark or was a term customary in common language as 
the common name of a wine or spirit in New Zealand . A person may also apply to have a GI removed 
from the register where it  has become a term customary in common language as the common name 
for a wine or spirit in New Zealand .  
 
Questions  
Page 86, paragraph 3.206:  The report indicates that "[a] GI that conflicts with an earlier 
registered trademark may be registered, however, if the GI can coexist with the registered 
trademark, taking into consideration the GI's history of good faith use in New Zealand , its recognition 
as a GI in New Zealand , and the legitimate interests of the trademark owner and third parties, 
among other fac tors". 
 
• Can New Zealand  provide more details about how the determination to permit coexistence is 
made and how this comports with trademark owners' exclusive rights?   
 
Response:  
Section 18 of the Geographical Indications (Wine and Spirits) Registration Act 2006 provides that 
the Registrar of GIs may permit a GI to be registered despite there being a prior existing trade mark 
in use in New Zealand  if either: the owner of the trade mark consents to the GI registration, or the 
Registrar considers there are special circumstances that it is appropriate for the GI to be registered 
and therefore co -exist with the trade mark.  
 
In considering whether the GI may be registered, section 18 requires the Registrar to have regard 
to: 
 WT/TPR/M/426/Add.1  
 
- 192 - 
 
  • the GI's history of use in good faith in New Zealand ; 
• recognition of the GI in New Zealand  as a GI;  
• the legitimate interests of the owner of the trade mark and of third parties; and  
• any other relevant factors.  
 
The onus is on the GI applicant to est ablish, through the provision of appropriate evidence to the 
satisfaction of the Registrar, that special circumstances exist that should permit the GI to be 
registered despite existence of a prior existing trade mark.  
 
This provision largely mirrors simil ar provisions in the Trade Marks Act, where a trade mark may be 
registered despite the existence of a prior existing trade mark provided the applicant can satisfy the 
Commissioner of Trade Marks that special circumstances exist, such as honest concurrent u se of the 
trade mark in question.  
 
Furthermore, a trade mark owner aggrieved at the decision of the Registrar to permit the GI to 
registered, and therefore co -exist with the prior trade mark, may oppose the registration of the GI.  
 
We note that to date the  Registrar's discretion to allow a GI to be registered despite the existence 
of a prior trade mark has not been exercised.  
 
Questions  
Page 87, paragraph 3.207:  The report indicates that GI applications are examined and published 
and that they are protected  for an initial 5 -year term, renewable in 10 year -intervals after the initial 
term of protection.  
 
• After GIs are registered or protected in New Zealand , may they be subject to cancellation? If 
so, upon which grounds?  
 
Response:  
Section 45 of the Geograp hical Indications (Wine and Spirits) Registration Act 2006 provides that a 
registered GI may be removed from the register (i.e. registration may be cancelled) where the 
Registrar is satisfied that any of the following grounds exist:  
 
• in the case of a for eign GI, it is not, or has ceased to be, protected in its country of origin;  
• it has fallen into disuse in its country of origin;  
• it should not have been registered because it did not meet the requirement of the definition 
of a GI (i.e. that it is not in fact a GI);  
• it should not have been registered because one or more of the grounds for refusing registration 
existed at the time the application was made; or  
• it has become a term customary in common language as the common name for a wine or 
spirit in New Zealand . 
 
Additionally a registered GI may be removed from the register where the prescribed registration 
renewal fee has not be paid in a timely manner.  
 
Questions  
Page 88, Paragraph 3.212 : The Secretariat Report references an ongoing review of New Zealand 's 
copyright regime being undertaken by MBIE. The Secretariat Report also states that the ongoing 
review "may be impacted" by the United Kingdom -New Zealand  FTA. 
 
• Can New Zealand  provide  an update on the status of that review? What next step, if any,  are 
planned for 2022?  
• Can New Zealand  explain how the review the review be impacted by the new United Kingdom -
New Zealand  FTA? 
 
Response:  
The review of the Copyright Act 1994 has been tempo rarily halted to enable MBIE to pursue a 
number of high priority Government projects aimed at assisting with New Zealand 's economic 
recovery from the COVID pandemic. A decision on resuming the review is expected to be taken later 
this year.  
 WT/TPR/M/426/Add.1  
 
- 193 - 
 
  The UK -NZ FTA requires New Zealand  to extend copyright term within a transition period of 15 years. 
New Zealand  has not yet determined when that change will be implemented and whether that 
change will be made as part of the currently halted review. However, the review w ill consider the 
impact of copyright term when considering policy settings for other aspects of New Zealand 's 
copyright law.  
 
Questions  
Page 90, Paragraph 3.220:  The Secretariat Report states that the "CPTPP Amendment Act 2018 
expanded and strengthened the  available remedies for trademark and copyright infringement. 
Courts may now grant additional damages for not only copyright infringement, but also trademark 
infringement, as justice requires, taking into account all of the circumstances, including the fla grancy 
of the infringement and any benefits accruing to the defendant" . 
 
• Can New Zealand  provide any statistics on the use of these new remedies by the courts? Are 
there examples of cases in which these new remedies have been employed?  
 
Response:  
The New Zealand  Government does not collect specific statistics on the use of remedies in intellectual 
property enforcement actions. However, we are unaware of any trade mark infringement cases 
where the courts have awarded additional damages.  
 WT/TPR/M/426/Add.1  
 
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  URUGUAY  
Questions  
 
1. En el informe de la Secretaría, en el punto 4.1.4 Sector Lácteo, se tratan los cambios a la Ley de 
Reestructuración del Sector de los Productos Lácteos , que afecta particularmente el trabajo de 
Fonterra Co -operativ e Group Limited . Al respecto, en el párrafo 4.17 se menciona que la empresa 
puede aplicar diferentes precios basados en las cuestiones relacionadas con el rendimiento de la 
exportación y sobre controles cuantitativos de leche a la competencia. Se solicitan  aclaraciones sobre 
la modalidad de trabajo de esta empresa en cuanto a la fijación de precio con los productores de 
leche y las condiciones de mercado con otras empresas que realicen actividades comerciales 
similares en el país, de acuerdo a la nueva legi slación.  
 
1 - The Secretariat 's report, in point 4.1.4 Dairy Sector, discusses the changes to the Dairy Industry 
Restructuring Act, which particularly affects the work of Fonterra Co -operative Group Limited. In this 
regard, paragraph 4.17 mentions that the  company can apply different prices based on export 
performance issues and on quantitative controls of milk to competitors. We request clarifications 
about how this company works in terms of price setting with milk producers as well as market 
conditions wi th other companies engaged in similar business activities in the country, according to 
the new legislation.  
 
Response:  
The amendments to the DIRA referred to in paragraph 4.17 relate to two separate matters:  
 
1. A technical amendment to clarify the circumstances in which Fonterra can price differentiate in 
purchasing milk from farmers.  
2. A change in the eligibility of processors to purchase regulated milk from Fonterra.  
 
The Dairy Industry Restructuring Act requires that Fonterra must offer the same t erms of supply to 
all farmer shareholders in like circumstances . This is to prevent Fonterra discriminating between 
existing and new farmer shareholders.  
 
This "non-discrimination " requirement does not prevent Fonterra from applying differential pricing 
for milk to reward good on -farm performance relating to e.g. environmental practice, climate 
change, sustainability, animal welfare, food safety, health and safety, or employment conditions.  
The 2020 amendment Act clarifie s the already existing intent that Fonterra could price differentiate 
in response to on -farm performance, in the same way as any other processor.  
 
The DIRA originally  included provisions requiring Fonterra to sell to processors up to 50 million litres 
of raw milk in a season, provided thos e processors had not yet acquired and maintained their own 
supply of 30 million litres per season for three consecutive seasons. This provision ensured that very 
small processors would be able to reliably source raw milk and assisted new larger processors 
entering the market. The 2020 amendment to the DIRA changed the eligibility provisions so that a 
processor now loses eligibility for regulated milk from Fonterra once they have their own supply of 
30 million litres for one season (not three consecutive sea sons as previously) . This change was made 
because it was no longer considered necessary to supply larger processors who had demonstrated 
the ability to secure their own supply.  
 
Questions  
 
2. En lo que respecta a los apoyos para las MIPYMES en el punto 5.1 3 del Informe del Gobierno, y 
en el punto 2.9 del Informe de la Secretaría se hace referencia al programa Comercio para Todos . 
Se interpreta que este programa, entre otros temas, tiene como objetivo asistir, asesorar y 
acompañar a las PYMES en sus proyectos de internacionalización o para logar llegar a nuevos 
mercados. Es por esta razón, que se solicita conocer cuales son las pr ioridades del programa en el 
apoyo a estas empresas, los medios para implementar esas prioridades y si se cuenta con un sistema 
de monitoreo.  
 
2 - Regarding support for MSMEs, point 5.13 of the Government Report and point 2.9 of the 
Secretariat 's Report refer to the Trade for All programme. We interpret that this programme, 
amongst other matters, aims to assist, advise and support SMEs in their internationalisation projects 
or to reach new markets. For this reason, we would like to know what the pr ogramme 's priorities WT/TPR/M/426/Add.1  
 
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  are in supporting these companies, the means to implement these priorities and whether a 
monitoring system is in place.  
 
Response:  
New Zealand  recognises the integral role of small and medium -sized enterprises (SMEs) as part of 
our 'Trade for All ' agenda. We recognise facilitating better internationalisation of SMEs is at the heart 
of productivity and inclusivity benefits. Many SMEs find it difficult to build up capital and financing. 
Developing the market contacts and expertise to exp ort can be a challenge.  
 
New Zealand 's 'Trade for All ' agenda is actioned through our free trade agreements. New Zealand  
has SME Chapters in both RCEP and CPTPP . Effort is being made to include SME trade facilitation in 
all new negotiations and upgrades, including in the AANZFTA  upgrade.  
 
New Zealand  has led SME focused dialogues to support FTA im plementation efforts. In April 2022, 
we hosted a Dialogue on the FinTech sector as one of DEPA 's early implem entation activities.  
 
In addition to regional and bilateral FTA initiatives, New Zealand  as a member of the WTO and the 
Joint Statement Initiative for the Working Group on MSMEs which launched a number of initiatives  
to help SMEs play a more active role in world trade.  
 
New Zealand 's host year of APEC included the couching of support for the Asia Pacific region, people 
and t heir businesses, particularly SMEs, to emerge stronger in the wake of uncertainty, through 
decent work and increased opportunities.  
 
 
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