United Kingdom Free Trade Agreement Legislation Act 2022

1: Title
This Act is the United Kingdom Free Trade Agreement Legislation Act 2022.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council.
2: An order made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) brought into force 31 May 2023 clause 2 United Kingdom Free Trade Agreement Legislation Act Commencement Order 2023
1: Amendment to Copyright Act 1994
3: Principal Act
This Part amends the Copyright Act 1994 OIC SL 2023/108 2023-05-31 Copyright Act 1994 Part 1 (ss 3–4).
4: Section 174B replaced (Consent required for making sound recording available to public)
Replace section 174B
174B: Consent required to communicate or play sound recording to public
A performer’s rights are infringed by a person who, without the performer’s consent, and by means of a recording,—
a: communicates to the public the whole or a substantial part of a performance; or
b: plays in public the whole or a substantial part of a performance.
2: Amendments to Dairy Industry Restructuring Act 2001
5: Principal Act
This Part amends the Dairy Industry Restructuring Act 2001 OIC SL 2023/108 2023-05-31 Dairy Industry Restructuring Act 2001 Part 2 (ss 5–12).
6: Section 5 amended (Interpretation)
In section 5(1) quota year and the Dominican Republic the Dominican Republic, and the United Kingdom
7: Section 26 amended (Later allocation of export licences)
After section 26(1)﻿(d)
e: any rights in respect of the United Kingdom listed in Schedule 5A
8: New section 26A inserted (Commencement and expiry of UK quotas)
After section 26
26A: Commencement and expiry of UK quotas
1: If the UK FTA first comes into force on a day other than 1 January in any year, a transitional tariff rate quota must be applied in that year on a pro rata basis.
2: If a UK WTO tariff quota first becomes available under this Act on a day other than 1 January in any year, the tariff quota must be applied in that year on a pro rata basis.
3: Despite anything to the contrary in section 26
4: In this section,— transitional tariff rate quota Schedule 5A UK FTA UK WTO tariff quota Schedule 5A
9: Section 29H amended (Power to audit milk collection data)
1: In the heading to section 29H milk solids
2: In section 29H(1) milk solids
10: Section 31 amended (Offences)
In section 31(3) milk solids
11: Schedule 5A amended
In Schedule 5A The following table is small in size and has 3 columns. This table is an amendment to the table in Schedule 5A of the Dairy Industry Restructuring Act 2001 and should be read with that table to provide understanding of the context. UK WTO tariff quotas United Kingdom Butter Destined for import into the United Kingdom under the World Trade Organization tariff quota for butter of New Zealand origin, as provided for in the United Kingdom’s Customs (Tariff Quotas) (EU Exit) Regulations 2020, including any amendment or any successor to those regulations. United Kingdom Cheddar cheese Destined for import into the United Kingdom under the World Trade Organization tariff quota for cheddar cheese of New Zealand origin, as provided for in the United Kingdom’s Customs (Tariff Quotas) (EU Exit) Regulations 2020, including any amendment or any successor to those regulations. United Kingdom Cheese for processing Destined for import into the United Kingdom under the World Trade Organization tariff quota for cheese for processing of New Zealand origin, as provided for in the United Kingdom’s Customs (Tariff Quotas) (EU Exit) Regulations 2020, including any amendment or any successor to those regulations. UK transitional tariff rate quotas United Kingdom Butter Destined for import into the United Kingdom under the transitional tariff rate quota for butter of New Zealand origin, as provided for in TRQ-3 Butter, Part 2B-2, Annex 2A of the Free Trade Agreement between the United Kingdom and New Zealand, including any amendment or any successor to that Annex. United Kingdom Cheese Destined for import into the United Kingdom under the transitional tariff rate quota for cheese of New Zealand origin, as provided for in TRQ-4 Cheese, Part 2B-2, Annex 2A of the Free Trade Agreement between the United Kingdom and New Zealand, including any amendment or successor to that Annex.
12: Schedule 5B amended
In Schedule 5B, clause 3 milk solids
3: Amendments to Overseas Investment Act 2005 and Overseas Investment Regulations 2005
1: Amendment to Overseas Investment Act 2005
13: Principal Act
This subpart amends the Overseas Investment Act 2005 OIC SL 2023/108 2023-05-31 Overseas Investment Act 2005 Part 3 subpart 1 (ss 13–14).
14: Section 61A amended (Regulations regarding alternative monetary thresholds for overseas investments in significant business assets)
Replace section 61A(1)﻿(aaa) to (g)
a: the Trans-Pacific Strategic Economic Partnership Agreement, done at Wellington on 18 July 2005:
b: the Free Trade Agreement between the Government of New Zealand and the Government of the People’s Republic of China, done at Beijing on 7 April 2008:
c: the New Zealand–Hong Kong, China Closer Economic Partnership Agreement, done at Hong Kong on 29 March 2010:
d: the Protocol on Investment to the New Zealand–Australia Closer Economic Relations Trade Agreement, done at Wellington on 16 February 2011:
e: the Agreement between New Zealand and the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu on Economic Cooperation, done at Wellington on 10 July 2013:
f: the Free Trade Agreement between New Zealand and the Republic of Korea, done at Seoul on 23 March 2015:
g: the Trans-Pacific Partnership Agreement, done at Auckland on 4 February 2016:
h: the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago on 8 March 2018:
i: the Free Trade Agreement between New Zealand and the United Kingdom of Great Britain and Northern Ireland, done at London on 28 February 2022.
2: Amendments to Overseas Investment Regulations 2005
15: Principal regulations
This subpart amends the Overseas Investment Regulations 2005 OIC SL 2023/108 2023-05-31 Overseas Investment Regulations 2005 Part 3 subpart 2 (ss 15–20).
16: Regulation 84 amended (Introduction to Part 5)
Replace regulation 84(3)﻿(a) to (f)
a: the Trans-Pacific Strategic Economic Partnership Agreement, done at Wellington on 18 July 2005 (the P4 Agreement
b: the Free Trade Agreement between the Government of New Zealand and the Government of the People’s Republic of China, done at Beijing on 7 April 2008 (the China FTA
c: the New Zealand–Hong Kong, China Closer Economic Partnership Agreement, done at Hong Kong on 29 March 2010 (the Hong Kong CEP
d: the Agreement between New Zealand and the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu on Economic Cooperation, done at Wellington on 10 July 2013 ( ANZTEC
e: the Free Trade Agreement between New Zealand and the Republic of Korea, done at Seoul on 23 March 2015 (the Korea FTA
f: the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago on 8 March 2018 (the CPTPP Agreement
g: the Free Trade Agreement between New Zealand and the United Kingdom of Great Britain and Northern Ireland, done at London on 28 February 2022 (the UK FTA
17: Regulation 85 amended (Definitions)
1: In regulation 85(1) type A enterprise
d: the United Kingdom of Great Britain and Northern Ireland
2: In regulation 85(1) type A individual
e: a person who is a British citizen or permanent resident described in paragraph (b) of the definition of national in Article 1.3 of the UK FTA
3: In regulation 85(1) type A territory
d: the territory of the United Kingdom of Great Britain and Northern Ireland.
4: In regulation 85(1) ANZTEC Australian CER Investment Protocol China FTA CPTPP Agreement Hong Kong CEP Korea FTA P4 Agreement
5: After regulation 85(1)
1A: See regulation 84(3) ANZTEC Australian CER Investment Protocol China FTA CPTPP Agreement Hong Kong CEP Korea FTA P4 Agreement UK FTA
18: Subpart 2 heading in Part 5 replaced
In Part 5, replace the subpart 2
2: Implementation of free trade agreements
19: Regulation 88 amended (Introduction to subpart 2 and interaction between regulations in Part 5)
Replace regulation 88(1) and (2)
1: The purpose of this subpart is to implement obligations in the agreements listed in regulation 84(3)
2: For that purpose, this subpart is to be applied subject to the exclusions contained in the following provisions:
a: Article 12.3 of the P4 Agreement:
b: Articles 105 and 137.5 of the China FTA:
c: Article 2 of Chapter 13 of the Hong Kong CEP:
d: Articles 3.3 and 9.5 of Chapter 12 of ANZTEC:
e: Articles 10.3.3 and 10.15.5 of the Korea FTA:
f: Article 9.12.6 of the Trans-Pacific Partnership Agreement (done at Auckland on 4 February 2016) as incorporated into the CPTPP Agreement by Article 1.1 of that agreement:
g: Articles 14.3.3, 14.3.5, 14.10.5, and 14.10.6 of the UK FTA.
20: Schedule 1AA amended
In Schedule 1AA
a: insert the Part set out in the Schedule
b: make all necessary consequential amendments.
4: Amendments to Tariff Act 1988, Tariff, and Customs and Excise Regulations 1996
Amendments to Tariff Act 1988
21: Principal Act
Sections 22 23 Tariff Act 1988 OIC SL 2023/108 2023-05-31 Tariff Act 1988 ss 22–23 only. Tariff (ss 24–29) not on NZ Leg website; found on Customs site instead.
22: Section 15A amended (Interpretation)
1: In section 15A free trade agreement
i: the UK FTA
2: In section 15A UK FTA
23: Section 15H amended (Provisional transitional safeguard measure)
In section 15H(1)﻿(b)﻿(ii) or the RCEP the RCEP, or the UK FTA Amendments to Tariff
24: Principal legislation
Sections 25 to 29 section 9F(1)
25: Note 2 amended
In the notes to the Tariff, note 2, penultimate paragraph, replace TPA or TW TPA, TW, or UK
26: Note 3 amended
1: In the notes to the Tariff, note 3, revoke the item relating to the United Kingdom of Great Britain and Northern Ireland, the Isle of Man, and the Channel Islands.
2: In the notes to the Tariff, note 3, after the item relating to country that is a specified TPA party, insert: The following table is small in size. This table is an amendment to the Tariff, note 3 and should be read with note 3 to provide understanding of the context. United Kingdom of Great Britain and Northern Ireland, the Bailiwick of Guernsey, the Bailiwick of Jersey, and the Isle of Man UK
27: Footnotes amended
In the Tariff, in each footnote, replace TPA and TW TPA, TW, and UK
28: Section XVI amended
In Section XVI, Chapters 84 and 85, sixth column,—
a: delete GB Free
b: in the item relating to number 8512.30.29, delete GB 3.5
29: Part II Concessions amended
In the Tariff, Part II Concessions, table, in the item relating to Concession Reference Number 66, after subsection (4), insert: The following table is small in size and has 4 columns. This table is an amendment to the Tariff, Part II Concessions and should be read with this table to provide understanding of the context.
5: Goods re-entered after repair or alteration—
a: in the territory of the United Kingdom of Great Britain and Northern Ireland, the Bailiwick of Guernsey, the Bailiwick of Jersey, and the Isle of Man; and
b: in accordance with Article 2.7 of the UK FTA. Free Amendments to Customs and Excise Regulations 1996
30: Principal regulations
Sections 31 32 Customs and Excise Regulations 1996 OIC SL 2023/108 2023-05-31 Customs and Excise Regulations 1996 ss 30–32
31: Regulation 42 and cross-heading revoked
Revoke regulation 42
32: New regulations 51ZZK and 51ZZL and cross-heading inserted
After regulation 51ZZJ Provisions relating to UK FTA parties
51ZZK: Interpretation
In regulation 51ZZL UK FTA United Kingdom and the Crown Dependencies
51ZZL: Originating goods
Particular goods are treated for the purposes of the Act and the Tariff Act 1988
a: Chapter 3 (Rules of Origin and Origin Procedures); and
b: Annex 3A (Product Specific Rules of Origin); and
c: Annex 3B (Origin Declarations – Guidance).