G/SG/N/1/NZL/2  
 
18 December 2014  
(14-7338)  Page: 1/14  
Committee on Safeguards  Original: English  
 
NOTIFICATION OF LAWS, REGULATIONS AND ADMINISTRATIVE 
PROCEDURES RELATING TO SAFEGUARD MEASURES 
NEW ZEALAND  
The following communication, dated 8 December 2014,  is being circulated at the request of the 
delegation of New Zealand.  
_______________ 
  In November 2014 the New Zealand parliament passed the Trade (Safeguard Measures) Act 2014 
(the Act) which put in place a modernised safeguards regime for New Zealand and repealed the 
previous law relating to safeguards contained in the Temporary Safeguard Authorities Act 1987. A copy of the Act is attached to this notification. 
 
Key provisions which are implemented by the Act are:  
 The responsible Minister (currently the Minister of Commerce and Consumer Affairs) must be 
satisfied that the imposition of a safeguard duty is in the public interest before it is imposed. The Act includes certain matters that may be considered in examining the public interest, i.e. the likely effectiveness of a safeguard measure,  the alternatives to a safeguard measure, the 
likely effect of a safeguard measure on the ma rket (including on consumers), New Zealand’s 
international relations and trade goals and the strategic importance of the domestic industry. [See sections 13(1)(e) and 19(1)(e).] 
 
 Safeguard investigations are undertaken by the responsible Ministry (currently the Ministry of 
Business, Innovation and Employment) rather th an by Temporary Safeguard Authorities (who 
have been abolished). [See sections 8(1), 10, 11, 12 and 13.] 
  The Ministry must make reasonable efforts to report on the results of the investigation to the 
Minister within 75 working days of the Minister initiating an investigation. This timeframe is 
extended to 85 working days if provisional measures are requested. [See section 12.] The 
report to the Minister on the results of the investigation must include whether the increased imports were due to unforeseen developments [See section 13(1)(b)]. 
 
 The Minister is authorised to impose a provisional safeguard duty for a maximum of 200 days 
where delay would cause damage that would be difficult to repair. [See sections 14 and 15.]  
 
 The Act also contains provisions allowing the Minister to terminate or reduce a provisional 
safeguard duty under certain circumstances and to refund the provisional duty if no final duty 
is imposed or refund the difference if the final duty is less than the provisional duty. 
[See sections 16 and 17.] 
  The Minister is authorised to impose a safeguard measure in the form of a safeguard duty. 
The Minister may also recommend to the Governor-General that a safeguard measure be 
imposed by means of an Order in Council to in crease the import duty on the product or to 
impose a quantitative restriction on imports of the product. [See section 19(2).] 
 G/SG/N/1/NZL/2 
 
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   The Act provides for the Minister or the Govern or-General by Order-in-Council (whichever is 
appropriate) to terminate or reduce a safeguard measure under certain circumstances. [See section 26.] 
 
 The Act authorises the Minister or the Governor -General by Order-in-Council (whichever is 
appropriate) to exempt certain countries from a safeguard measure. [See section 19(3).] The Act also authorises the Minister to exempt cert ain countries from a provisional safeguard duty. 
[See section 14(2).] 
  The Act also includes provisions relating to various technical and procedural issues including 
requirements relating to applying for an investigation [section 9], the notification of decisions 
or investigation reports [section 7], and provisions relating to the review, extension and 
termination of a safeguard measure [sections 21 – 24]. 
 G/SG/N/1/NZL/2 
 
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  Trade (Safeguard Measures) Act 2014 
Public Act 2014 No 66 
Date of assent 11 November 2014 
Commencement see section 2 
Contents 
 
 
 
1 Title 
2 Commencement 
Part 1 
Safeguard investigations, provisional sa feguard duty, and safeguard measures 
 
3 Purpose 
4 Overview of safeguards 
5 Interpretation 
6 Act binds the Crown 
7 Notification of decision or report 
Safeguard investigation 
8 Initiation of safeguard investigation 
9 Application for safeguard investigation 
10 Submissions and information relating to safeguard investigation 
11 Access to information relevant to safeguard investigation and treatment of confidential 
information 
12 Duration of safeguard investigation 
13 Safeguard investigation 
Provisional safeguard duty 
14 Imposition of provisional safeguard duty 
15 Duration of provisional safeguard duty 
16 Termination or reduction of provisional safeguard duty 
17 Effect on provisional safeguard duty of  imposition (or not) of relevant duty 
 
Safeguard measure 
18 Safeguard measure 
19 Imposition of safeguard measure 
20 Duration of safeguard measure 
 
Safeguard review 
21 Initiation of safeguard review 
22 Safeguard review investigation 
23 Extension of safeguard measure 
24 Duration of extended safeguard measure 
 
Duty must be paid to, and collected by, Customs 
25 Duty must be paid to, and collected by, Customs 
 
Termination or reduction of safeguard measure 
26 Termination or reduction of safeguard measure 
 
Part 2 
Miscellaneous matters 
27 Temporary Safeguard Authority abolished with no compensation for loss of office 
28 Transitional provision 
29 Consequential amendments to Customs and Excise Act 1996 
30 Consequential amendment to Official Information Act 1982 
31 Consequential amendment to Trans-Tasman Mutual Recognition Act 1997 
32 Repeal 
 
 G/SG/N/1/NZL/2 
 
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  The Parliament of New Zealand enacts as follows: 
 
1 Title 
 
This Act is the Trade (Safeguard Measures) Act 2014. 
 
2 Commencement 
 
This Act comes into force on the day after the date on which it receives the Royal assent. 
 
Part 1 
Safeguard investigations, provisional sa feguard duty, and safeguard measures 
 
3 Purpose 
 
The purpose of this Act is to enable New Zeal and to apply safeguard measures and provisional 
safeguard duties at its border in accordance with the Agreement establishing the World Trade 
Organization adopted at Marrakesh on 15 April 1994 (the WTO Agreement ). Such measures and 
duties are intended to— 
 
(a) provide temporary protection to a domestic industry from serious injury caused by 
increased imports; and 
(b) facilitate adjustment by a domestic industry to increased competition from increased 
imports. 
 
4 Overview of safeguards 
 
(1) Safeguard measures and provisional safeguard duties imposed under this Act are trade 
remedies. 
(2) Trade remedies are remedies against certain imports that are causing injury to 
New Zealand industries. 
(3) New Zealand's other trade remedies are— 
 
(a) anti-dumping duties under the Dumping and Countervailing Duties 
Act 1988  in relation to goods that are imported into New Zealand at less than 
their normal value in the exporting country: 
(b) countervailing duties under the Dumping and Countervailing Duties 
Act 1988  in relation to goods imported into New Zealand that are subsidised 
by a foreign government: 
(c) transitional safeguard measures (including provisional ones) under 
sections 15A to 15H  of the Tariff Act 1988 in relation to imports from a 
country that is a party to certain free trade agreements with New Zealand. 
 
(4) This section is intended as a guide only. 
 
5 Interpretation 
 
In this Act, unless the context otherwise requires,— 
 
chief executive  means the chief executive of the Ministry 
Customs  means the New Zealand Customs Service 
directly competitive goods , in relation to imported goods, means goods that, as a matter 
of fact and commercial common sense, are substitutable for the imported goods 
domestic industry  means— 
 
(a) producers who produce like goods or directly competitive goods in New 
Zealand; or 
(b) producers whose collective production constitutes a major proportion of 
the production in New Zealand of like goods or directly competitive goods 
 
extended safeguard duty  means a safeguard duty extended under section 23(2)(a)  
extended safeguard measure  means a safeguard measure extended under section 23(2)  G/SG/N/1/NZL/2 
 
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  import  has the same meaning as importation in section 2(1)  of the Customs and Excise 
Act 1996 
increased imports  means increased imports of goods into New Zealand, whether it is an 
absolute increase or a relative increase as compared with the amount of like goods or 
directly competitive goods produced in New Zealand 
like goods , in relation to imported goods, means— 
 
(a) goods that are like the imported goods in all respects; or 
(b) in the absence of goods referred to in paragraph (a), goods that have 
characteristics closely resembling the imported goods 
 
Minister  means the Minister of the Crown who, under the authority of any warrant or with 
the authority of the Prime Minist er, is for the time being responsible for the administration of 
this Act 
Ministry  means the department of State that, with the authority of the Prime Minister, is for 
the time being responsible for the administration of this Act 
provisional safeguard duty  means a duty imposed under section 14(1)  
safeguard duty  means a duty imposed under section 19(2)(a)  
safeguard investigation  means an investigation by the chief executive initiated by the 
Minister under section 8  
safeguard measure  has the meaning given by section 18  
serious injury  means a significant overall impairment in the position of a domestic industry 
threat of serious injury  means a serious injury that is clearly imminent 
working day  means any day of the week other than— 
 
(a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, 
the Sovereign’s birthday, and Waitangi Day; and 
(b) a day in the period commencing with 25 December in any year and ending 
with the close of 15 January in the following year. 
 
6 Act binds the Crown 
 
This Act binds the Crown. 
 
7 Notification of decision or report 
 
(1) For the purposes of this Act, a reference to notifying a decision  means giving notice in 
the following ways that the decision has been  made and the date on which it was made: 
 
(a) in the Gazette ; and 
(b) free of charge, at all reasonable times, on an Internet site 
maintained by, or on behalf of, the Ministry. 
 
(2) For the purposes of this Act, a reference to notifying a report means giving notice in 
the Gazette  that— 
 
(a) the report has been made and the date on which it was made; and 
(b) a copy of the report is available for inspection during working hours, 
free of charge, and the place at which it can be inspected; and 
(c) a copy of the report is available on an Internet site, free of charge, 
and the Internet site address. 
 
(3) In addition to notifying a report as provided  in subsection (2), a copy of the report must 
be made available— 
 
(a) for inspection, during working hours, free of charge at the head office of 
the Ministry; and 
(b) free of charge, at all reasonable times, on an Internet site maintained by, 
or on behalf of, the Ministry. 
 
(4) A failure to notify a decision or report under subsection (1) or (2) or to take the actions 
required by subsection (3) does not invalidate the decision or report. G/SG/N/1/NZL/2 
 
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  Safeguard investigation 
 
8 Initiation of safeguard investigation 
 
(1) The Minister may initiate a safeguard investigation by the chief executive into increased 
imports if the Minister is satisfied that there are reasonable grounds for an investigation into 
whether increased imports are causing serious injury or a threat of serious injury. 
(2) The Minister may initiate a safeguard investigation either after an application or at the 
Minister’s discretion. 
(3) The Minister must notify the decision to initiate a safeguard investigation, and that 
notification must state the date on which the investigation was initiated. 
 
9 Application for safeguard investigation 
 
(1) An application for a safeguard investigation may be made by any person. 
(2) An application for a safeguard investigation must include the following information: 
 
(a) a complete description of the imported goods and the like goods or directly 
competitive goods: 
(b) the name of the applicant and whethe r the applicant is a producer in the 
domestic industry: 
(c) whether the applicant seeks the imposi tion of a provisional safeguard duty. 
 
(3) An application for a safeguard investigation must include as much of the following 
information as is reasonably possible: 
 
(a) whether there have been increased imports: 
(b) whether there is serious injury or a threat of serious injury: 
(c) a causal link between the increased imports and the serious injury or 
threat of serious injury: 
(d) whether the increased imports were due to unforeseen developments: 
(e) the level of support (if any) from domestic industry producers (apart from 
the applicant if the applicant is a producer in the domestic industry): 
(f) the names of domestic industry producers: 
(g) details of the volume and value of the domestic industry's production of 
the like goods or directly competitive goods in New Zealand by— 
 
(i) the applicant; and 
(ii) the producers referred to in paragraph (f). 
 
10 Submissions and information relating to safeguard investigation 
 
(1) The chief executive must seek submissions relating to a safeguard investigation from 
interested persons (giving an appropriate time period) and must consider any submissions 
received. 
(2) The chief executive may require, at any time during a safeguard investigation, that the 
application under section 9  for the safeguard investigation, or any submission or any other 
information relating to the safeguard investigation, be supported by a statutory declaration 
made in the manner provided for by section 9  of the Oaths and Declarations Act 1957. 
(3) The chief executive may disregard any information relating to a safeguard investigation 
that the chief executive considers to be unreliable. 
 
11 Access to information relevant to sa feguard investigation and treatment of 
confidential information 
 
(1) All interested persons are entitled to access all information relevant to a safeguard 
investigation, except for— 
 
(a) confidential information (unless the submitter of the confidential 
information consents to the confidential information being made available); or 
(b) other information that the chief executive would be likely to withhold 
if it were requested under the Official Information Act 1982 . G/SG/N/1/NZL/2 
 
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  (2) The chief executive may request a submitte r of information to provide to the chief 
executive— 
(a) a summary, for access by all interested persons, of confidential 
information or other information that the chief executive would be likely to 
withhold if it were requested under the Official Information Act 1982 ; or 
(b) reasons why such a summary cannot be provided. 
 
(3) If no document is provided after a request under subsection (2), or if the chief executive 
is not satisfied with such a document, the chief executive may disregard the relevant 
information. 
(4) For the purposes of this section, confidential information  means information about 
which the submitter of the information has shown a good reason for the chief executive to 
believe 1 or more of the following: 
 
(a) making the information available would give a significant competitive 
advantage to a competitor of the submitter of confidential information: 
(b) making the information available would have a significantly adverse effect 
upon the submitter of confidential information: 
(c) the information should be treated as confidential for reasons other than 
the reasons described in paragraph (a) or (b). 
 
Compare: 1987 No 88 s 5(4)–(8)  
 
12 Duration of safeguard investigation 
 
(1) The chief executive must make reasonable efforts to report to the Minister about a 
safeguard investigation within 75 working days after the date on which the Minister initiated 
the investigation. 
(2) Subsection (1) does not apply, and the chief executive must make reasonable efforts to 
report to the Minister within 85 working days after the date on which the Minister initiated 
the investigation, in the following circumstances: 
 
(a) if the applicant seeks a provisional safeguard duty; or 
(b) if a provisional safeguard duty is imposed under section 14 . 
 
(3) If the chief executive is unable to report wi thin the time period required by subsection 
(1) or (2), the chief executive must give the Minister written reasons for being unable to 
report within the time period. 
(4) The Minister must set out any written reasons given by the chief executive under 
subsection (3) when the Minister notifies the chief executive's report under section 19(4)(b) . 
 
13 Safeguard investigation 
 
(1) The matters the chief executive must investigate in a safeguard investigation include the 
following: 
 
(a) whether increased imports have caused serious injury or a threat of 
serious injury: 
(b) whether the increased imports were due to unforeseen developments: 
(c) whether a safeguard measure is necessary— 
(i) to prevent or remedy serious injury; and 
(ii) to facilitate adjustment by the domestic industry to the increased 
competition from the increased imports: 
(d) if a safeguard measure is necessary,— 
(i) which goods should be subject to a measure; and 
(ii) which measure is appropriate; and 
(iii) what is the appropriate extent and duration of the measure: 
(e) the public interest, which may entail, among other matters, a 
consideration of the following: 
(i) the likely effectiveness of a safeguard measure in assisting the 
domestic industry: 
(ii) the alternatives to a safeguard measure: G/SG/N/1/NZL/2 
 
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  (iii) the likely effect of a safeguard measure on the market (including 
on consumers): 
(iv) New Zealand’s international relations and trade goals: 
(v) the strategic importance of the domestic industry. 
 
(2) In investigating whether there is serious injury or a threat of serious injury for the 
purposes of subsection (1)(a), the chief execut ive must consider the impact of the increased 
imports on the domestic industry, including actual and potential decline in output, sales, 
market share, profits, productivity, employment, and utilisation of production capacity. 
(3) In investigating whether the increased imports have caused serious injury or a threat of 
serious injury for the purposes of subsection (1)(a), the chief executive must consider— 
 
(a) the nature and extent of imports of  the goods by the domestic industry, 
including the value, quantity, frequency, and purpose of the imports; and 
(b) factors other than the imports that have injured, or are injuring, the 
domestic industry. 
 
Provisional safeguard duty 
 
14 Imposition of provisional safeguard duty 
 
(1) After the Minister has initiated a safeguard investigation under section 8(1) , the Minister 
may order that a provisional safeguard duty be imposed on imported goods if the Minister is 
satisfied that there are reasonable grounds to believe that— 
 
(a) a delay in imposing a safeguard measure would cause damage that would 
be difficult to repair; and 
(b) increased imports are causing serious injury or a threat of serious injury. 
 
(2) The Minister may exempt imported goods from certain exporting countries from a 
provisional safeguard duty at any time, includ ing after the duty has been imposed, if the 
Minister is satisfied that an exemption— 
 
(a) is necessary to comply with New Zealand’s international obligations as a 
party to the WTO Agreement or otherwise; or 
(b) will further New Zealand's international relations or trade goals. 
 
(3) An order under subsection (1) and an exemption under subsection (2) are legislative 
instruments and disallowable instruments for the purposes of the Legislation Act 2012  and 
must be presented to the House of Representatives under section 41  of that Act. 
 
15 Duration of provisional safeguard duty 
 
(1) Provisional safeguard duty is due and paya ble on the demand of the Customs on goods 
imported on and from the date specified in the order referred to in section 14(1) , which must 
be on or after the commencement of the order. 
(2) Provisional safeguard duty is due and paya ble on the demand of the Customs on goods 
imported until the earliest of— 
 
(a) the date specified in the order referred to in section 14(1) ; or 
(b) the date of the commencement of a safeguard measure; or 
(c) 200 calendar days from the date the duty is due and payable under 
subsection (1); or 
(d) the date the provisional safeguard duty is terminated under section 16(1) . 
 
16 Termination or reduction of provisional safeguard duty 
 
(1) The Minister may order the termination of a provisional safeguard duty, with effect from 
a specified date that is after the commencement of the order, if the Minister is no longer 
satisfied that there are reasonable grounds to believe that— 
 G/SG/N/1/NZL/2 
 
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  (a) a delay in imposing a safeguard measure would cause damage that would 
be difficult to repair; and 
(b) increased imports are causing serious injury or a threat of serious injury. 
 
(2) The Minister may order the reduction of a provisional safeguard duty, with effect from a 
specified date that is after the commencement of the order, if the Minister is satisfied that 
there is a good reason to do so. 
(3) An order under subsection (1) and an order under subsection (2) are legislative 
instruments and disallowable instruments for the purposes of the Legislation Act 2012  and 
must be presented to the House of Representatives under section 41  of that Act. 
 
17 Effect on provisional safeguard duty of  imposition (or not) of relevant duty 
 
(1) The imposition of a relevant duty on imported goods has the following effects on any 
provisional safeguard duty paid on imports of those goods: 
 
(a) if the rate of the relevant duty is less than the rate of the provisional 
safeguard duty, the Minister must, unless satisfied that there is a good reason 
for not doing so, require the Customs to remit the amount of the difference to 
the importers who paid the provisional safeguard duty: 
(b) if the rate of the relevant duty is greater than the rate of the provisional 
safeguard duty, the importers who paid the provisional safeguard duty need 
not pay any more duty in relation to those imported goods. 
 
(2) If no relevant duty is imposed on import ed goods on which provisional safeguard duty 
was paid, the Minister must, unless satisfied that there is a good reason for not doing so, 
require the Customs to remit the amount of th e provisional safeguard duty to the importers 
who paid the provisional safeguard duty. 
(3) In this section, relevant duty  means a safeguard measure referred to in section 18(a) 
or (b) . 
 
Safeguard measure 
 
18 Safeguard measure 
 
A safeguard measure  is any of the following imposed on or in relation to imported goods 
following a safeguard investigation under this Act: 
 
(a) a safeguard duty: 
(b) a duty or a variation of any rate of duty under the Tariff Act 1988 : 
(c) a restriction on importing the goods under the Customs and Excise 
Act 1996  or the Imports and Exports (Restrictions) Act 1988 . 
 
19 Imposition of safeguard measure 
 
(1) After receiving the chief executive’s report about a safeguard investigation, the Minister 
may take 1 or both of the actions set out in subsection (2) in relation to imported goods if 
the Minister is satisfied that— 
 
(a) increased imports have caused serious injury or a threat of serious injury; 
and 
(b) the increased imports were due to unforeseen developments; and 
(c) the safeguard measure is necessary— 
(i) to prevent or remedy serious injury; and 
(ii) to facilitate adjustment by the domestic industry to the increased 
competition from the increased imports; and 
(d) the safeguard measure relates to the appropriate goods, is the appropriate 
measure, and is of the appropriate extent and duration; and 
(e) the action is in the public interest; and 
(f) the particular safeguard measure is not incompatible with New Zealand’s 
international obligations as a party to the WTO Agreement or otherwise. 
 G/SG/N/1/NZL/2 
 
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  (2) The actions the Minister may take are to— 
 
(a) order that a safeguard duty be imposed; or 
(b) recommend that the Governor-General make an Order in Council imposing 
a safeguard measure referred to in section 18(b) or (c) . 
 
(3) The Minister may exempt or may recommend that the Governor-General by Order in 
Council exempt (whichever is appropriate) imported goods from certain exporting countries 
from a safeguard measure at any time, including after the measure has been imposed, if the 
Minister is satisfied that an exemption— 
 
(a) is necessary to comply with New Zealand’s international obligations as a 
party to the WTO Agreement or otherwise; or 
(b) will further New Zealand's international relations or trade goals. 
 
(4) The Minister must— 
 
(a) notify a decision to do nothing after receiving the chief executive’s report 
about a safeguard investigation: 
(b) after deciding to do nothing or taking an action under subsection (1), 
notify the chief executive's report about a safeguard investigation, except for 
the following information: 
(i) confidential information; and 
(ii) other information that the chief executive would be likely to 
withhold if it were requested under the Official Information Act 1982 . 
 
(5) An order under subsection (2)(a) and an ex emption under subsection (3) are legislative 
instruments and disallowable instruments for the purposes of the Legislation Act 2012  and 
must be presented to the House of Representatives under section 41  of that Act. 
 
Compare: 1987 No 88 s 7 
 
20 Duration of safeguard measure 
 
(1) Safeguard duty is due and payable on the demand of the Customs on goods imported on 
and from the date specified in the order referred to in section 19(2)(a) , which must be on or 
after the commencement of the order. 
(2) Safeguard duty is due and payable on th e demand of the Customs on goods imported 
until the earliest of— 
 
(a) the date specified in the order referred to in section 19(2)(a) ; or 
(b) 4 years after the date of the commencement of the order referred to in 
section 14(1)  that any provisional safeguard duty be imposed on that 
particular type of goods; or 
(c) 4 years from the date the duty is due and payable under subsection (1); or 
(d) the date the safeguard duty is terminated under section 26(1) . 
 
(3) An extended safeguard duty is an exception to subsection (2)(b) and (c). 
(4) A safeguard measure imposed by an Order in Council recommended by the Minister 
under section 19(2)(b)  must come into effect on and from the date specified in the Order in 
Council, which must be on or after the commencement of the Order in Council. 
(5) A safeguard measure imposed by an Order in Council recommended by the Minister 
under section 19(2)(b)  must end with effect from the earliest of— 
 
(a) the date specified in the Order in Council; or 
(b) 4 years after the commencement of the order referred to in section 14(1)  
that any provisional safeguard duty be imposed on that particular type of 
goods; or 
(c) 4 years from the date the safeguard measure comes into effect under 
subsection (4); or 
(d) the date the safeguard measure is terminated under section 26(1) . 
 G/SG/N/1/NZL/2 
 
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  (6) A safeguard measure extended under section 23(2)(b)  is an exception to  (5)(b) and (c). 
 
Safeguard review 
 
21 Initiation of safeguard review 
 
(1) The Minister may initiate a review by the chief executive of a safeguard measure, and 
sections 9(1), (2)(a) and (b), (3)(a) to (c) an d (e) to (g), 10, 11, and 12(1), (3), and (4)  
apply (with any necessary modifications) to the review as if the review were an investigation 
initiated under section 8 . 
(2) The Minister may initiate a safeguard revi ew either after an application or at the 
Minister’s discretion. 
(3) The Minister must notify the decision to initiate a review of a safeguard measure, and 
that notification must state the date on which the review was initiated. 
 
22 Safeguard review investigation 
 
The matters the chief executive must investigate in a review of a safeguard measure include the 
following: 
(a) whether it is necessary to extend a safeguard measure in order to prevent 
or remedy serious injury: 
(b) whether there is evidence that the domestic industry is adjusting to 
increased competition from increased imports: 
(c) if an extended safeguard measure is necessary,— 
(i) which goods should be subject to the measure; and 
(ii) what is the appropriate extent and duration of the measure: 
(d) the public interest, which may entail, among other matters, a 
consideration of the following: 
(i) the likely effectiveness of an extended safeguard measure in 
assisting the domestic industry: 
(ii) the alternatives to an extended safeguard measure: 
(iii) the likely effect of an extended safeguard measure on the 
market (including on consumers): 
(iv) New Zealand’s international relations and trade goals: 
(v) the strategic importance of the domestic industry. 
 
23 Extension of safeguard measure 
 
(1) After receiving the chief executive’s report about the review of a safeguard 
measure, the Minister may take 1 or both of the actions set out in subsection (2) if the 
Minister is satisfied that— 
 
(a) this is necessary to prevent or remedy serious injury; and 
(b) an extension is appropriate having regard to the extent to which the 
domestic industry is adjusting to increased competition from increased 
imports; and 
(c) the proposed extended safeguard measure relates to the appropriate 
goods and is of the appropriate extent and duration; and 
(d) the action is in the public interest; and 
(e) the particular extended safeguard measure is not incompatible with 
New Zealand’s international obligations as a party to the WTO 
Agreement or otherwise. 
 
(2) The actions the Minister may take are,— 
 
(a) in relation to any safeguard duty that has been imposed, to order 
that an extended safeguard duty be imposed; or 
(b) in relation to any safeguard measure referred to in section 18(b) 
or (c)  that has been imposed, to recommend that the Governor-General 
make an Order in Council extending that safeguard measure. 
 G/SG/N/1/NZL/2 
 
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  (3) The Minister may exempt or may recommend that the Governor-General by Order 
in Council exempt (whichever is appropriate) imported goods from certain exporting 
countries from an extended safeguard measure at any time, including after the 
measure has been extended, if the Minist er is satisfied that an exemption— 
 
(a) is necessary to comply with New Zealand’s international obligations 
as a party to the WTO Agreement or otherwise; or 
(b) will further New Zealand's international relations or trade goals. 
 
(4) The Minister must— 
 
(a) notify a decision to do nothing after receiving the chief executive’s 
report about the review of a safeguard measure: 
(b) after deciding to do nothing or taking an action under subsection (1), 
notify the chief executive's report about the review of a safeguard 
measure, except for the following information: 
(i) confidential information; and 
(ii) other information that the chief executive would be likely to 
withhold if it were requested under the Official Information 
Act 1982 . 
 
(5) An order under subsection (2)(a) and an exemption under subsection (3) are 
legislative instruments and disallowable instruments for the purposes of the 
Legislation Act 2012  and must be presented to the House of Representatives under 
section 41  of that Act. 
 
24 Duration of extended safeguard measure 
 
(1) Extended safeguard duty is due and payable on the demand of the Customs on 
goods imported on and from the date specified in the order referred to in 
section 23(2)(a) , which must be on or after the commencement of the order. 
(2) Extended safeguard duty is due and payable on the demand of the Customs on 
goods imported until the earliest of— 
 
(a) the date specified in the order under section 23(2)(a) ; or 
(b) 8 years after the date of the commencement of the order under 
section 14(1)  that any provisional safeguard duty be imposed on that 
particular type of goods; or 
(c) 8 years from the date the duty is due and payable under 
section 20(1) ; or 
(d) the date the safeguard duty is terminated under section 26(1). 
 
(3) A safeguard measure extended by an  Order in Council recommended by the 
Minister under section 23(2)(b)  must come into effect on and from the date specified in 
the order referred to in section 23(2)(b), which must be on or after the commencement 
of the order. 
(4) A safeguard measure extended by an  Order in Council recommended by the 
Minister under section 23(2)(b)  must end with effect from the earliest of— 
 
(a) the date specified in the Order in Council; or 
(b) 8 years after the date of the commencement of the order under 
section 14(1)  that any provisional safeguard duty be imposed on that 
particular type of goods; or 
(c) 8 years from the date the safeguard measure comes into effect under 
section 20(4) ; or 
(d) the date the safeguard measure is terminated under section 26(1) . 
 
Duty must be paid to, and collected by, Customs 
 
25 Duty must be paid to, and collected by, Customs 
 
All duty imposed under this Act must be paid to, and collected by, the Customs. G/SG/N/1/NZL/2 
 
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  Termination or reduction of safeguard measure 
 
26 Termination or reduction of safeguard measure 
 
(1) The Minister may, if the Minister is satisfied that there is a good reason to do so,— 
 
(a) order the termination or reduction, with effect from a specified date 
that is after the commencement of the order, of a safeguard measure 
referred to in section 18(a)  (including if it has been extended under 
section 23(2) ); or 
(b) recommend the termination or reduction, with effect from a specified 
date that is after the commencement of the recommended Order in 
Council, of a safeguard measure referred to in section 18(b) or (c)  
(including if it has been extended under section 23(2) ). 
 
(2) An order under subsection (1)(a) is a legislative instrument and a disallowable 
instrument for the purposes of the Legislation Act 2012  and must be presented to the 
House of Representatives under section 41  of that Act. 
 
Part 2 
Miscellaneous matters 
 
27 Temporary Safeguard Authority abolished wi th no compensation for loss of office 
 
(1) Except as necessary for the purposes of section 28 , all Temporary Safeguard 
Authorities appointed under the Temporary Safeguard Authorities Act 1987  are 
abolished. 
(2) No member of a Temporary Safeguard Auth ority is entitled to compensation for loss 
of office. 
 
28 Transitional provision 
 
The following apply in relation to an inquiry by a Temporary Safeguard Authority under the 
Temporary Safeguard Authorities Act 1987 that the Minister requested before this Act came into 
force: 
(a) the inquiry must be completed under that Act as if this Act had not 
been passed; and 
(b) the Temporary Safeguard Authority has all the powers it would have 
had if this Act had not been passed; and 
(c) the Minister may take any action in response to the Temporary 
Safeguard Authority's report as if this Act had not been passed. 
 
29 Consequential amendments to Customs and Excise Act 1996 
 
(1) This section amends the Customs and Excise Act 1996 . 
(2) The definition of duty in section 2(1)  is amended by inserting the following 
paragraph after paragraph (b): 
 
"(ba) provisional safeguard duty, safegu ard duty, and extended safeguard duty 
imposed under the Trade (Safeguard Measures) Act 2014:". 
 
(3) Section 102(4)  is amended by adding "or under the Trade (Safeguard Measures) 
Act 2014". 
(4) Section 113(5)  is amended by adding "or under the Trade (Safeguard Measures) 
Act 2014". 
(5) Section 116(7)  is amended by adding "or under the Trade (Safeguard Measures) 
Act 2014". 
(6) Section 117(8)  is amended by adding "or under the Trade (Safeguard Measures) 
Act 2014". 
 G/SG/N/1/NZL/2 
 
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  30 Consequential amendment to Official Information Act 1982 
 
(1) This section amends the Official Information Act 1982 . 
(2) Schedule 1  is amended by omitting the item relating to Temporary Safeguard 
Authorities appointed under the Temporary Safeguard Authorities Act 1987 . 
 
31 Consequential amendment to Trans-Tasman Mutual Recognition Act 1997 
 
(1) This section amends the Trans-Tasman Mutual Recognition Act 1997 . 
(2) Schedule 1  is amended by omitting "Temporary Safeguard Authorities Act 1987" 
and substituting "Trade (Safeguard Measures) Act 2014". 
 
32 Repeal 
 
The Temporary Safeguard Authorities Act 1987  (1987 No 88) is repealed. 
 
 
 
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