Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018

1: Title
This Act is the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018.
2: Commencement
This Act comes into force on the day after the date of Royal assent.
3: Principal Act
This Act amends the Trans-Pacific Partnership Agreement Amendment Act 2016 principal Act 2018-10-26 Trans-Pacific Partnership Agreement Amendment Act 2016
1: Amendments to Title and commencement of principal Act
4: Principal Act renamed
In section 1 Trans-Pacific Partnership Agreement Amendment Act 2016 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
5: Section 1 amended (Title)
In section 1
2: Every reference in any enactment and in any document to the Trans-Pacific Partnership Agreement Amendment Act 2016 must, unless the context otherwise requires, be read as a reference to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018.
6: Section 2 replaced (Commencement)
Replace section 2
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council on the recommendation of the Minister for Trade and Export Growth.
2: One or more orders may be made bringing different provisions into force on different dates and appointing different dates for different purposes.
3: However, the date appointed for the following provisions to come into force must not be earlier than the date on which the Trans-Pacific Partnership Agreement, done at Auckland on 4 February 2016, enters into force for New Zealand:
a: sections 4 to 8, 28, 38, 39, 40(3) and (4), and 41 to 43 (which amend the Copyright Act 1994):
b: sections 73 to 76 (which amend the Patents Act 2013).
2: Amendments to other provisions of principal Act
Copyright Act 1994
7: Section 9 amended (Section 135 amended (Definitions))
1: In section 9 exporter section 135 section 2(1) of the Customs and Excise Act 1996 section 5(1) of the Customs and Excise Act 2018
2: In section 9 importer section 135 section 2(1) of the Customs and Excise Act 1996 section 5(1) of the Customs and Excise Act 2018
8: New sections 37A to 37G inserted
After section 37
37A: Section 226 amended (Definitions of TPM terms)
1: Replace the heading to section 226 with Interpretation for sections 226A to 226E
2: In section 226, insert in their appropriate alphabetical order: issuer of the TPM work issuer of a TPM work
a: a copyright owner of a TPM work that—
i: issued a copy of the TPM work to the public; or
ii: communicated the TPM work to the public; or
b: a person that, under licence from the copyright owner,—
i: issued a copy of the TPM work to the public; or
ii: communicated the TPM work to the public permitted act
a: is permitted under Part 3 or otherwise does not infringe copyright in the TPM work; and
b: does not infringe any specified performers’ rights in the TPM work specified performers’ rights
37B: Section 226D amended (When rights of issuer of TPM work do not apply)
In section 226D(2)﻿(a), replace a permitted act under Part 3 a permitted act
37C: Section 226E amended (User’s options if prevented from exercising permitted act by TPM)
1: In section 226E(1), replace a permitted act under Part 3 a permitted act
2: In section 226E(2), replace a permitted act under Part 3 a permitted act
3: In section 226E(2), replace copyright owner or the exclusive licensee issuer of the TPM work
4: In section 226E(3), replace if that person if that research is a permitted act and if that person
5: In section 226E(3)﻿(b)﻿(i), replace copyright owner or exclusive licensee of the copyright to the use of issuer of the TPM work to use
37D: Section 226F replaced (Meaning of copyright management information)
Replace section 226F with:
226F: Meaning of copyright management information
In sections 226G, 226H, and 226J, CMI copyright management information
a: identifies 1 or more of the following:
i: the work:
ii: the author of the work:
iii: the copyright owner:
iv: a performer:
v: in the case of a film, the director of the film; or
b: identifies or indicates some or all of the terms and conditions for using the work, or indicates that the use of the work is subject to terms and conditions; or
c: is a number or code that represents any of the information referred to in paragraph (a) (b)
37E: Section 226G amended (Interference with CMI prohibited)
In section 226G(1), replace , or embodied in, , or appearing in connection with communicating or making available,
37F: Section 226H amended (Commercial dealing in work subject to CMI interference)
In section 226H(1) and (2)﻿(c), replace , or embodied in, , or appearing in connection with communicating or making available,
37G: Section 226I amended (Contravention of section 226G or 226H)
In section 226I, insert as subsections (2) and (3):
2: If the copyright management information is or includes information that identifies an author, a director, or a performer (or is a number or code that represents information that identifies that person), the author, director, or performer (or a person entitled to exercise that person’s rights under Part 4 or 9) has the same rights and remedies in relation to a contravention of either of sections 226G and 226H as an author, a director, or a performer has in respect of an infringement of the rights conferred by Part 4 or 9.
3: Subsection (2) subsection (1)
9: Section 44 amended (Schedule 1 amended)
1: In section 44(9)
2: Provisions relating to Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
2: In section 44(9) TPP copyright duration provisions Trans-Pacific Partnership Agreement Amendment Act 2016 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
3: In section 44(9) commencement TPP performers’ rights provisions WIPO performers’ rights provisions
4: In section 44(9) TPP performers’ rights provisions WIPO performers’ rights provisions
5: In section 44(9) TPP performers’ rights provisions WIPO performers’ rights provisions
6: In section 44(9) TPP performers’ rights provisions WIPO performers’ rights provisions
7: In section 44(9) TPP performers’ rights provisions WIPO performers’ rights provisions
8: In section 44(9) TPP performers’ rights provisions WIPO performers’ rights provisions
9: In section 44(9) TPP performers’ rights provisions WIPO performers’ rights provisions
10: In section 44(9) TPP performers’ rights provisions WIPO performers’ rights provisions Customs and Excise Act 1996
10: Part 2 repealed
Repeal Part 2 Hazardous Substances and New Organisms Act 1996
11: Section 58 amended (Section 59 amended (Time limits and waivers))
1: In section 58 relevant TPP provision relevant CPTPP or TPP provision
2: In section 58
8: In subsection (6), relevant CPTPP or TPP provision
a: Article 8.7.14 of the Trans-Pacific Partnership Agreement (done at Auckland on 4 February 2016) (technical barriers to trade: transparency: periods to comment on proposals):
b: that provision as incorporated into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago, Chile, on 8 March 2018, by Article 1.1 of that agreement. Legislation Act 2012
12: Section 63 amended (New Part 2A inserted)
1: In section 63 administrator’s website maker’s website
2: In section 63 legislation website central website
3: In section 63 administrator administrator’s website legislation website links
4: In section 63 central website links maker maker’s website
5: In section 63 international transparency obligations international transparency obligations
a: under paragraph 5 of Article 26.2 (publication) of Chapter 26 (transparency and anti-corruption) of the Trans-Pacific Partnership Agreement done at Auckland on 4 February 2016; or
b: under that provision as incorporated into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago, Chile, on 8 March 2018, by Article 1.1 of that agreement
6: In section 63 administrator’s website maker’s website
7: In section 63 Administrator Maker
8: In section 63 Trans-Pacific Partnership Agreement Amendment Act 2016 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
9: In section 63 administrator’s website maker’s website
10: In section 63 administrator maker
11: In section 63 administrator’s website maker’s website
12: In section 63 Administrator Maker
13: In section 63 Trans-Pacific Partnership Agreement Amendment Act 2016 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
14: In section 63 administrator’s website maker’s website
15: In section 63 administrator maker
16: In section 63 administrators makers
17: In section 63 an Internet site maintained by or on behalf of the New Zealand Government the central website
18: In section 63 new section 36F legislation website central website
19: In section 63 Trans-Pacific Partnership Agreement Amendment Act 2016 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
20: In section 63 administrator’s website maker’s website
21: In section 63 administrator maker
22: In section 63 administrators makers
23: In section 63 an Internet site maintained by or on behalf of the New Zealand Government the central website
24: In section 63
36G: Links forwarded and other instruments must be published and made available
The Chief Parliamentary Counsel must ensure that the following are as soon as practicable published and made available on the central website:
a: links forwarded under section 36F:
b: legislative instruments published under section 6 (including instruments published under section 14). Overseas Investment Act 2005
13: New section 68A inserted (Section 61 amended (Regulations))
After section 68
68A: Section 61 amended (Regulations)
In section 61(1)﻿(i) (as replaced by section 46(4) of the Overseas Investment Amendment Act 2018), replace either or both of overseas investments in sensitive land and overseas investments in significant business assets overseas investments in sensitive land
14: Section 69 amended (New section 61A inserted (Regulations regarding alternative monetary thresholds for overseas investments in significant business assets))
1: In section 69
aaa: the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago, Chile, on 8 March 2018:
2: In section 69
g: the Trans-Pacific Strategic Economic Partnership Agreement, done at Wellington on 18 July 2005.
3: In section 69
5: Regulations made under subsection (1) may be made only to implement obligations in an international agreement that has entered into force for New Zealand. Patents Act 2013
15: Section 77 amended (Schedule 1AA amended)
1: In section 77
2: Transitional and savings provisions arising from Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
2: In section 77 Trans-Pacific Partnership Agreement Amendment Act 2016 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
3: In section 77 Trans-Pacific Partnership Agreement Amendment Act 2016 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
4: In section 77 Trans-Pacific Partnership Agreement Amendment Act 2016 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Tariff Act 1988
16: Section 79 amended (Section 2 amended (Interpretation))
In section 79 specified TPP party section 2(1) CPTPP specified CPTPP party section 7A(1)﻿(baa)
17: Section 81 amended (Section 7A amended (Orders in Council about preferential countries))
1: In section 81(1)
baa: declare a country that is a party to the CPTPP to be a specified CPTPP party for the purposes of this Act:
2: Replace section 81(2)
2: In section 7A(3), after specified TPA party , a specified CPTPP party, a specified TPP party,
18: Section 82 amended (Section 15A amended (Interpretation))
In section 82(1) free trade agreement section 15A
f: the CPTPP; or
g: the TPP
19: Section 83 amended (Section 15B amended (Chief executive may undertake transitional safeguard investigation))
In section 83(2) the TPP the CPTPP or the TPP
20: Section 86 amended (Section 15F amended (Application of transitional safeguard measure))
In section 86(8) the affected TPP party the affected CPTPP or TPP party, as the case may be,
21: Section 88 amended (Section 15H amended (Provisional transitional safeguard measure))
In section 88 the TPP the CPTPP or the TPP Tariff
22: Section 90 amended (Tariff, note 2 amended)
In section 90
2: In the notes to the Tariff, note 2, penultimate paragraph, after CN , CPT
23: Section 91 amended (Tariff, note 3 amended)
In section 91
2: In the notes to the Tariff, note 3, after the item relating to China, insert: The following table is small in size and has 2 columns. This table amends note 3 of the Tariff and should be read with that table to provide understanding of the context. Country that is a specified CPTPP party CPT Wine Regulations 2006
24: Section 106 replaced (New regulation 8A inserted (Labelling of grape ice wine for export following entry into force of Trans-Pacific Partnership Agreement))
Replace section 106
106: New regulation 8A inserted (Labelling of grape ice wine for export)
After regulation 8, insert:
8A: Labelling of grape ice wine for export
1: After the expiry of the transitional period, no person may export grape wine that is labelled as Icewine, ice wine, ice-wine, or a similar variation of those terms unless the grape wine is made exclusively from grapes naturally frozen on the vine.
2: In subclause (1), transitional period Schedules
25: Schedule 2 amended
In Schedule 2
1: Provisions relating to Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
26: Schedule 3 amended
1: In Schedule 3
2: Provisions relating to Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
2: In Schedule 3 Trans-Pacific Partnership Agreement Amendment Act 2016 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
3: In Schedule 3 Trans-Pacific Partnership Agreement Amendment Act 2016 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018