TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13034 

________________________________________________________________________ 

EMPLOYMENT 

 Agreement Between the 

UNITED STATES OF AMERICA 

and NEW ZEALAND 

Effected by Exchange of Notes 

Dated at Washington May 18 and 21, 1999 

 

 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
 NEW ZEALAND 

 Employment 

Agreement effected by exchange of notes 

Dated at Washington May 18 and 21, 1999; 

Entered into force May 21, 1999. 
The Department of State refers the Embassy of New

Zealand to discussions regarding the dependent employment

arrangement of November 16 and 23, 1981 in effect between

the two Governments and has the honor to propose that the

requirement of an offer of employment as a precondition for

obtaining work authorization be eliminated. The revised

substantive text would therefore read as follows:

Dependents of employees of the Government of the United

States of America assigned to official duty in New Zealand

and dependents of employees of the Government of New

Zealand assigned to official duty in the United States of

America shall be authorized to accept employment in the

receiving state without restriction as to type of

employment.

For the purposes of this agreement, "dependent" shall

include:
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(I) Spouses

(II) Unmarried dependent children under 21 years of

age

(III) Unmarried dependent children under 25 years of

age who are in full time attendance as

students at a post-secondary educational

institution, and

(IV) Unmarried children who are physically or

mentally disabled.

In the case of dependents of employees of the

Government of New Zealand assigned to official duty in

the United States of America, an official request

shall be made by the Embassy of New Zealand in

Washington to the Office of the Chief of Protocol in

the Department of State. The Embassy shall be

informed when the dependent has permission to accept

employment. In the case of dependents of employees of the

Government of the United States of America assigned to

official duty in New Zealand, an official request shall be

made by the Embassy of the United States of America in

Wellington to the Protocol Division of the Ministry of

Foreign Affairs and Trade. Upon verification that the
person is a dependent of an official employee the

Embassy shall be informed by the Ministry that the

dependent has permission to accept employment.

The sending state of official employees whose

dependents obtain employment under this agreement and

have immunity from jurisdiction of the receiving state

in accordance with article 37 of the Vienna Convention

on Diplomatic Relations, or any other applicable

international agreement, shall waive immunity from

civil and administrative jurisdiction by the receiving

state with respect to all matters arising out of such

employment. Such dependents who accept employment

under this agreement shall be liable for payment of

income tax and social security contributions imposed

on any remuneration received from employment in the

receiving state. Authorization to accept or continue

employment in the receiving state under this agreement

shall terminate upon the departure of the employee

from the receiving state or termination of the

employee's official assignment, whichever is earlier.

The Department of State proposes that, if the terms

set forth in this Note are acceptable to the

Government of New Zealand, this Note and the Embassy's

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reply thereto shall constitute an agreement between

the two Governments which shall enter into force on the

date of the Embassy's Note. The agreement shall

thereafter remain in effect until terminated by either

Government on ninety days written notice to the

other. Upon entry into force, this agreement supersedes

the agreement of November 16 and 23, 1981.

Department of State

Washington, May 18, 1999.

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Note Number 27/99

The New Zealand Embassy presents its compliments to the Department of State and has

the honour to refer to the Department's Note of 18 May, 1999, which reads as follows:

"The Department of State refers the Embassy of New Zealand to discussions

regarding the dependent employment arrangement of November 16 and 23, 1981 in

effect between the two Governments and has the honour to propose that the requirement

of an offer of employment as a precondition for obtaining work authorization be

eliminated. The revised substantive text would therefore read as follows:

Dependents of employees of the Government of the United States of America assigned

to official duty in New Zealand and dependents of employees of the Government of

New Zealand assigned to official duty in the United States of America shall be

authorized to accept employment in the receiving state without restriction as to type of

employment.

For the purposes of this agreement, "dependent" shall include:

(I) Spouses

(II) Unmarried dependent children under 21 years of age

(III) Unmarried dependent children under 25 years of age who are in full time

attendance as students at a post-secondary educational institution, and

(IV) Unmarried children who are physically or mentally disabled.
In the case of dependents of employees of the Government of New Zealand assigned to

official duty in the United States of America, an official request shall be made by the

Embassy of New Zealand in Washington to the Office of the Chief of Protocol in the

Department of State. The Embassy shall be informed when the dependent has

permission to accept employment. In the case of dependents of employees of the

Government of the United States of America assigned to official duty in New Zealand,

an official request shall be made by the Embassy of the United States of America in

Wellington to the Protocol Division of the Ministry of Foreign Affairs and Trade. Upon

verification that the person is a dependent of an official employee the Embassy shall be

informed by the Ministry that the dependent has permission to accept employment.

The sending state of official employees whose dependents obtain employment under

this agreement and have immunity from jurisdiction of the receiving state in accordance

with article 37 of the Vienna Convention on Diplomatic Relations, or any other

applicable international agreement, shall waive immunity from civil and administrative

jurisdiction by the receiving state with respect to all matters arising out of such

employment. Such dependents who accept employment under this agreement shall be

liable for payment of income tax and social security contributions imposed on any

remuneration received from employment in the receiving state. Authorization to accept

or continue employment in the receiving state under this agreement shall terminate upon

the departure of the employee from the receiving state or termination of the employee's

official assignment, whichever is earlier.

The Department of State proposes that, if the terms set forth in this Note are acceptable

to the Government of New Zealand, this Note and the Embassy's reply thereto shall

constitute an agreement between the two Governments which shall enter into force on

the date of the Embassy's Note. The agreement shall thereafter remain in effect until

terminated by either Government on ninety days written notice to the other. Upon entry

into force, this agreement supersedes the agreement of November 16 and 23, 1981."

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The Embassy has further the honour to inform the Department of State that the

foregoing provisions are acceptable to the Government of New Zealand and to confirm

that the Department's Note together with this Note in reply to that effect shall constitute

an Agreement between the two Governments, which shall enter into force on the date of

this Note.

The New Zealand Embassy takes this opportunity to renew to the Department of State

the assurances of its highest consideration.

New Zealand Embassy

WASHINGTON

21 May 1999

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