Trade (Safeguard Measures) Act 2014

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.
1: Safeguard investigations, provisional safeguard duty, and safeguard measures
3: Purpose
The purpose of this Act is to enable New Zealand 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
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 Trade (Anti-dumping and Countervailing Duties) Act 1988
b: countervailing duties under the Trade (Anti-dumping and Countervailing Duties) Act 1988
c: transitional safeguard measures (including provisional ones) under sections 15A to 15H
4: This section is intended as a guide only. Section 4(3)﻿(a) amended 29 November 2017 section 26(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 4(3)﻿(b) amended 29 November 2017 section 26(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
5: Interpretation
In this Act, unless the context otherwise requires,— chief executive Customs directly competitive goods domestic industry
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 section 23(2)﻿(a) extended safeguard measure section 23(2) import section 5(1) increased imports like goods
a: goods that are like the imported goods in all respects; or
b: in the absence of goods referred to in paragraph (a) Minister Ministry provisional safeguard duty section 14(1) safeguard duty section 19(2)﻿(a) safeguard investigation section 8 safeguard measure section 18 serious injury threat of serious injury working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour 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. Section 5 import amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 5 working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022
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
a: in the Gazette
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 Gazette
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: 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) subsection (3) 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 whether the applicant is a producer in the domestic industry:
c: whether the applicant seeks the imposition 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 section 9
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 safeguard 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
2: The chief executive may request a submitter 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
b: reasons why such a summary cannot be provided.
3: If no document is provided after a request under subsection (2)
4: For the purposes of this section, confidential information
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) 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)
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 within the time period required by subsection (1) or (2)
4: The Minister must set out any written reasons given by the chief executive under subsection (3) 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:
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)
3: In investigating whether the increased imports have caused serious injury or a threat of serious injury for the purposes of subsection (1)﻿(a)
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)
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, including 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: The following are secondary legislation ( see Part 3
a: an order under subsection (1):
b: an exemption under subsection (2). 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 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 14(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
15: Duration of provisional safeguard duty
1: Provisional 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 14(1)
2: Provisional 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 referred to in section 14(1)
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)
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—
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 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 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 16(3) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
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 imported 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 the provisional safeguard duty to the importers who paid the provisional safeguard duty.
3: In this section, relevant duty section 18(a) or (b) Safeguard measure
18: Safeguard measure
A safeguard measure
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 2018 Imports and Exports (Restrictions) Act 1988 Section 18(c) amended 1 October 2018 section 443(3) Customs and Excise Act 2018
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)
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.
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)
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: The following are secondary legislation ( see Part 3
a: an order under subsection (2)﻿(a):
b: an Order in Council under subsection (2)﻿(b):
c: an exemption under subsection (3). 1987 No 88 s 7 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 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 19(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
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)
2: 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 referred to in section 19(2)﻿(a)
b: 4 years after the date of the commencement of the order referred to in section 14(1)
c: 4 years from the date the duty is due and payable under subsection (1)
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)
5: A safeguard measure imposed by an Order in Council recommended by the Minister under section 19(2)﻿(b)
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)
c: 4 years from the date the safeguard measure comes into effect under subsection (4)
d: the date the safeguard measure is terminated under section 26(1)
6: A safeguard measure extended under section 23(2)﻿(b) subsection (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) and (e) to (g), 10, 11, and 12(1), (3), and (4) section 8
2: The Minister may initiate a safeguard review 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)
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)
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 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 the review of a safeguard measure:
b: after deciding to do nothing or taking an action under subsection (1)
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: The following are secondary legislation ( see Part 3
a: an order under subsection (2)﻿(a):
b: an Order in Council under subsection (2)﻿(b):
c: an exemption under subsection (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 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 23(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
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)
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)
b: 8 years after the date of the commencement of the order under section 14(1)
c: 8 years from the date the duty is due and payable under section 20(1)
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) section 23(2)﻿(b)
4: A safeguard measure extended by an Order in Council recommended by the Minister under section 23(2)﻿(b)
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)
c: 8 years from the date the safeguard measure comes into effect under section 20(4)
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. 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) section 23(2)
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) section 23(2)
2: The following are secondary legislation ( see Part 3
a: an order under subsection (1)﻿(a):
b: an Order in Council under subsection (1)﻿(b). 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 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 26(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
2: Miscellaneous matters
27: Temporary Safeguard Authority abolished with no compensation for loss of office
1: Except as necessary for the purposes of section 28 Temporary Safeguard Authorities Act 1987
2: No member of a Temporary Safeguard Authority 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
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 section 2(1)
ba: provisional safeguard duty, safeguard duty, and extended safeguard duty imposed under the Trade (Safeguard Measures) Act 2014:
3: Section 102(4) or under the Trade (Safeguard Measures) Act 2014
4: Section 113(5) or under the Trade (Safeguard Measures) Act 2014
5: Section 116(7) or under the Trade (Safeguard Measures) Act 2014
6: Section 117(8) or under the Trade (Safeguard Measures) Act 2014 2014-11-12 Customs and Excise Act 1996
30: Consequential amendment to Official Information Act 1982
1: This section amends the Official Information Act 1982
2: Schedule 1 Temporary Safeguard Authorities Act 1987 2014-11-12 Official Information Act 1982
31: Consequential amendment to Trans-Tasman Mutual Recognition Act 1997
1: This section amends the Trans-Tasman Mutual Recognition Act 1997
2: Schedule 1 Temporary Safeguard Authorities Act 1987 Trade (Safeguard Measures) Act 2014 2014-11-12 Trans-Tasman Mutual Recognition Act 1997
32: Repeal
The Temporary Safeguard Authorities Act 1987 2014-11-12 Temporary Safeguard Authorities Act 1987