G/SG/Q1/NZL/1  
 
8 April 2015  
(15-1904)  Page: 1/2  
Committee on Safeguards  Original: English  
 
 NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLE 12.6 OF THE AGREEMENT 
QUESTIONS POSED BY INDIA REGARDING THE NOTIFICATION OF 
NEW ZEALAND1 
The following communication, dated 7 April 2015, is being circulated at the request of the 
Delegation India. 
 
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India thanks New Zealand for its notification of Trade (Safeguard Measures) Act, 2014,  and would 
like to pose the following questions for the purpose of clarity regarding the notified law:  
Question 1 
 New Zealand may please clarify if there are any ru les or regulations that have been issued in 
relation to the implementation of Sections 14, 19 and 23 of New Zealand's Safeguard Act. In 
particular, do the above rules or regulations carry the requirements:  
a. That imports exempted from the safegu ard measure are not considered in the 
determination of serious injury; or 
 
b. When imports that are exempted from the safeguard measure are considered in 
the determination of serious injury, the competent authority establishes explicitly 
through a reasoned and adequate explanation that imports from sources outside the free trade areas alone satisfied the conditions for the application of a safeguard 
measure. 
 Could New Zealand refer to / provide information about such rules or regulations?  
Question 2 
 Please explain how New Zealand considers that the exemption of certain goods from the imposition 
of a safeguard measure is within the scope of Article 2.2 of the Safeguards Agreement which 
mandates that a safeguard measure shall be applied irrespective of its source.  
Question 3 
 Please explain how an exemption provided to good s imported from a certain country subsequent to 
the imposition of a safeguard measure would be consistent with the concept of parallelism. 
 
Question 4  
Sections 14(2)(a), 19(3)(a) and 23(3)(a) of New Zealand's Safeguard Act provide that one of the 
grounds for exempting goods from certain countries from the safeguard measure is if the Minister 
is satisfied that the measure is "necessary to comply with New Zealand's obligations as a party to 
the WTO Agreement or otherwise ". New Zealand would like to clarify the meaning of the term 
"otherwise" as used herein. 
                                               
1 G/SG/N/1/NZL/2.   G/SG/Q1/NZL/1 
 
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  Question 5 
 Sections 14(2)(b), 19(3)(b) and 23(3)(b) of New Zealand's Safeguard Act provide that one of the grounds for exempting goods from certain countries from the safeguard measure is if the Minister 
is satisfied that the measure " will further New Zealand's international relations or trade goals ". 
Please provide the nature of the aforesaid " international relations or trade goals " in pursuit of 
which goods from certain countries may be exempted from safeguard measure. 
 
Question 6  New Zealand would also like to clarify whether the Minister is mandated to make public the 
grounds on the basis of which exemptions are granted to certain countries from safeguard 
measures under Sections 14(2), 19(3) and 23(3) of New Zealand's Safeguard Act. In addition, please confirm if the aforesaid decision of th e Minister may be appealed before any higher 
authority. 
  
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