New Zealand - United Kingdom FTA (2022)
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(iii) any other labels or packaging to which a counterfeit trademark has been applied and that have been used in the commission of the offence; and

(d) its judicial or other competent authorities shall have the authority to telease or, in the alternative, provide access to, goods, material, implements, and other evidence held by the relevant authority to a right holder for civil infringement proceedings.

2. With respect to forfeiture or destruction ordered in accordance with subparagraph 1(c), each Party shall provide that:

(a) in cases in which destruction of counterfeit trade mark goods or pirated copyright goods is not ordered, the judicial or other competent authorities shall ensure that, except in exceptional circumstances, those goods are disposed of outside the channels of commerce in such a manner as to avoid causing any harm to the right holder; and

(b) in cases in which forfeiture or destruction is ordered, it shall occur without compensation of any kind to the offender.

3. With respect to the offences specified in Article 17.75 (Criminal Offences), a Party may provide that its judicial authorities may order the seizure or forfeiture of assets, or alternatively, a fine, the value of which corresponds to the assets derived from, or obtained directly or indirectly through, the infringing activity.

Article 17.78. Ex Officio Enforcement

Each Party shall provide that its competent authorities may act upon their own initiative to initiate legal action with respect to the offences specified in Article 17.75 (Criminal Offences), without the need for a formal complaint by a third party or right holder.

Article 17.79. Liability of Legal Persons

Each Party shall provide that legal persons (30) as well as natural persons may incur liability for the offences specified in Article 17.75 (Criminal Offences) in accordance with its law.

(30) For the purposes of this Article, the term "legal person" shall mean bodies corporate.

Subsection K.5. Enforcement In the Digital Environment

Article 17.80. General Obligations on Enforcement In the Digital Environment

Each Party shall provide that the enforcement measures, procedures and remedies, referred to in Sub-Sections K.2 (Enforcement - Civil Remedies) and K.4 (Enforcement - Criminal Remedies), including expeditious remedies to prevent infringement, as applicable, are available under its law to proceed against an act of infringement of intellectual property rights that takes place in the digital environment or over digital networks, including through electronic commerce platforms and social media.

Article 17.81. Limitations on Liability of Online Service Providers

1. The Parties recognise that the services of online service providers ("OSPs") are increasingly used in the course of the infringement of intellectual property rights, and that OSPs are often in the best position to bring such infringing activities to an end.

2. Each Party shall introduce or maintain measures that apply, in appropriate cases, to limit the liability of, or remedies available against, an OSP for copyright and related rights infringement by a user of its services. For greater certainty, a Party may extend these measures to cover other intellectual property rights.

3. Each Party shall ensure that the measures introduced or maintained under paragraph 2 include conditions to qualify for the limitation, in accordance with a Party's law, including, where practicable, requiring the OSP to take action to prevent access to the materials infringing copyright or related rights.

4. This Article shall not affect the ability of a court or administrative authority, in accordance with the legal system ofa Party, to require the OSP to terminate or prevent an infringement, including by the grant of a blocking order under Article 17.82 (Blocking Orders).

Article 17.82. Blocking Orders

Each Party shall ensure that injunctions as provided for in Article 17.67 (Provisional and Precautionary Measures) and Article 17.70 (Injunctions):

(a) are available against an OSP, where its online services are used by a third party to infringe an intellectual property right; and

(b) include injunctions requiring that OSPs disable access to infringing content.

Article 17.83. Procedures for Domain Registries

Each Party shall encourage its domain registry to take appropriate, timely, and effective measures to suspend domains used for infringing intellectual property on their respective country-code top-level domains. (31)

(31) For greater certainty, this Article is without prejudice to the independence of each Party's domain registry.

Article 17.84. Disclosure of Information

Each Party shall provide that, in accordance with its law, its competent authorities (32) may order an online service provider to disclose expeditiously to a right holder information sufficient to identify a subscriber whose account was allegedly used for infringement, if that right holder has filed a legally sufficient claim of trade mark or copyright or related rights infringement, and if such information is being sought for the purpose of protecting or enforcing those rights.

(32) For the purposes of this Article, "competent authorities" may include the appropriate judicial, administrative, regulatory, or law enforcement authorities under a Party's law.

Subsection K.6. Enforcement Practices with Respect to Intellectual Property Rights

Article 17.85. Transparency of Judicial Decisions and Administrative Rulings

Each Party shall provide that final judicial decisions and administrative rulings of general application pertaining to the enforcement of intellectual property rights:

(a) preferably are in writing and state any relevant findings of fact and the reasoning or the legal basis on which the decisions and rulings are based; and

(b) are published or, if publication is not practicable, otherwise made available to the public in a national language of the Party in such a manner as to enable interested persons and the other Party to become acquainted with them.

Article 17.86. Voluntary Stakeholder Initiatives

Each Party shall endeavour to promote cooperative efforts within the business community to effectively address intellectual property infringement, including in the digital environment, while preserving legitimate competition. This may include encouraging the establishment of public or private advisory groups to address issues of at least trade mark counterfeiting and copyright piracy.

Article 17.87. Public Awareness

Each Party shall, as appropriate, endeavour to promote public awareness of the importance of respecting intellectual property rights, including in the digital environment, and the detrimental effect of the infringement of intellectual property rights. This may include cooperation with the business community, civil society organisations, and right holder representatives.

Article 17.88. Specialised Enforcement Expertise, Information and Domestic Coordination

1. Each Party shall encourage the development of specialised expertise within its competent authorities responsible for the enforcement of intellectual property rights, including with respect to infringement taking place in the digital environment.

2. Each Party shall, as appropriate, promote internal coordination between, and facilitation of joint actions by, its competent authorities with respect to the enforcement of intellectual property rights, subject to the Party's available resources.

Article 17.89. Environmental Considerations In Destruction and Disposal of Infringing Goods

The Parties recognise the importance of having due regard to environmental matters in their enforcement practices relating to the destruction and disposal of goods that have been found to infringe intellectual property rights.

Chapter 18. COMPETITION

Article 18.1. Objectives

The objectives of this Chapter are to promote economic efficiency and consumer welfare through the maintenance and enforcement of law to address anti-competitive activities and promote competition, and through cooperating on matters covered by this Chapter. The pursuit of these objectives will help to secure the benefits of this Agreement, including facilitating bilateral trade and investment between the Parties.

Article 18.2. Competition Law and Authorities

1. Each Party shall maintain competition law in their respective territories which:

(a) proscribes anti-competitive agreements between enterprises, including cartel agreements;

(b) proscribes anti-competitive practices by enterprises that have substantial market power; and

(c) effectively addresses mergers with substantial anti-competitive effects.

2. Subject to paragraph 3, each Party shall ensure its competition law applies to all commercial activities in its territory regardless of an enterprise's nationality or ownership. This does not preclude a Party from applying its competition law to commercial activities outside its borders that have the object, or which have or may have the effect of, restricting competition within its jurisdiction.

3. Each Party may provide for certain exemptions from the application of its competition law provided that those exemptions are transparent, established in its law, and based on public policy grounds.

4. Each Party shall maintain an authority or authorities responsible and competent for the effective application and enforcement of its competition law ("national competition authorities"). Each Party's national competition authorities shall be operationally independent.

5. Each Party shall enforce its competition law in a manner which does not discriminate on the basis of nationality or ownership.

Article 18.3. Procedural Fairness

1. Each Party shall ensure that its national competition authorities provide transparency, including in writing, regarding the applicable competition laws, regulations, and procedural rules pursuant to which competition law investigations are conducted and pursuant to which any sanction or remedy! is imposed.

2. Each Party's national competition authorities shall endeavour to conduct their investigations subject to definitive deadlines or within a reasonable timeframe, if the investigations are not subject to definitive deadlines.

3. Each Party shall ensure that any public notice confirming or revealing the existence of a pending or ongoing investigation avoids any statement or implication that a person has in fact violated the Party's competition law. This does not preclude the issuing of provisional, reasoned objections by a Party's national competition authorities.

4. Each Party shall afford to a person a reasonable opportunity to be legally represented and shall respect legal privilege, if not waived or lost, for lawful confidential communications between the legal representative and the person (and where relevant, a third party) if the communications concern the soliciting or rendering of legal advice.

5. Each Party shall ensure that, where information which is protected as confidential or privileged by its law is obtained by its national competition authorities during investigations, that information is not disclosed, subject to applicable legal exceptions.

6. Each Party shall ensure that before it imposes a sanction or remedy against a person pursuant to its competition law, it affords that person a reasonable opportunity to:

(a) be provided with information and evidence regarding the national competition authority's concerns, including identification of the relevant specific competition law engaged;

(b) engage with the relevant national competition authority at key points on significant legal, factual, and procedural issues;

(c) be heard and to present evidence before the relevant body (or as relevant, the applicable staff of that body) responsible for the imposition of the sanction or remedy including, if applicable, offering the analysis of a properly qualified expert, which may be in writing; and

(d) where applicable, cross-examine any witness testifying before any court or independent tribunal,

except that a Party may provide for these opportunities within a reasonable time after it imposes an interim sanction or remedy.

7. Each Party may authorise its national competition authorities to resolve any civil or administrative matters that may give rise to a person being subject to a sanction or remedy by consent of that person and the national competition authorities. Each Party may provide for such voluntary resolutions to be subject to review by a court or independent tribunal for approval or a public comment period before becoming final.

8. Each Party shall ensure that all final decisions in civil or administrative matters made pursuant to its competition law are in writing and that those decisions set out the findings of fact and conclusions of law on which they are based. Each Party shall make public those final decisions, with the exception of any confidential material contained therein.

9. Each Party shall provide a person that is subject to the imposition of a sanction or remedy made pursuant to its competition law with the opportunity to seek review of the sanction or remedy by a court or independent tribunal (subject to the applicable rules of that court or tribunal), save that the Parties shall not be required to provide that opportunity where the person voluntarily agreed to the imposition of the sanction or remedy.

10. Each Party's national competition authorities shall maintain measures to preserve evidence which they have identified as being relevant, including exculpatory evidence, that they collected as part of an investigation until the investigation is complete and any review by a court or independent tribunal of any sanction or remedy imposed is exhausted.

(1) For the purposes of this Article, "remedy" includes decisions to decline to clear a merger or clear a merger subject to undertakings or conditions.

Article 18.4. Private Rights of Action

1. For the purposes of this Article, "private right of action" means the right of a person to seek redress, including injunctive, monetary, or other remedies, from a court or other independent tribunal for injury to that person's business or property caused by a violation of competition law.

2. Recognising that a private right of action is an important supplement to the public enforcement of competition law, each Party shall maintain laws or other measures that provide a private right of action, both independently and following a finding of violation by a national competition authority.

3. Each Party shall ensure that a right provided pursuant to paragraph 2 is available to persons of the other Party on terms that are no less favourable than those available to its own persons.

4. A Party may establish reasonable criteria for the exercise of any rights it creates or maintains in accordance with this Article.

Article 18.5. Cooperation

1. The Parties recognise the importance of cooperation between their respective national competition authorities to promote effective application and enforcement of competition law. To this end, the Parties may cooperate, through their national competition authorities, on issues relating to the application and enforcement of competition law. That cooperation may include:

(a) notification by a Party to the other Party of its activities relating to application and enforcement of competition law that it considers may substantially affect the important interests of the other Party, as promptly as reasonably possible;

(b) exchange of information between the Parties to foster understanding or to facilitate effective application and enforcement of competition law; and

(c) coordination of investigations that raise the same or related concerns relating to the application or enforcement of competition law.

2. The Parties agree that it is in their common interest to work together on technical cooperation activities to strengthen competition policy development and the application and enforcement of competition law. Technical cooperation activities may include:

(a) the exchange of information on the development and implementation of competition policy and law, including in relation to competition issues in digital markets;

(b) the sharing of competition-related studies, reviews, and research, including in relation to competition issues in digital markets; and

(c) the exchange of officials of policy agencies or national competition authorities to deepen cooperation and knowledge sharing.

3. Any cooperation under paragraphs 1 and 2 shall be compatible with each Party's law and important interests and within the Parties' available resources.

4. To implement the objectives of this Article, the Parties may enter into a separate agreement on cooperation and coordination which may provide for, among other things, enhanced information sharing and mutual legal assistance in non-criminal law enforcement.

Article 18.6. Transparency

1. The Parties recognise the value of making competition enforcement and advocacy policies as transparent as possible.

2. Each Party shall make public or require the following to be made public, including on an official website:

(a) its competition laws and regulations;

(b) exemptions and immunities to its competition law; and

(c) guidelines and any rules issued in relation to the administration and enforcement of its competition law,

but shall not be required to make public its internal operating procedures.

Article 18.7. Consultation

1. In order to foster understanding between the Parties or to address specific matters that arise under this Chapter, a Party shall enter into consultations upon request by the other Party. In its request, the requesting Party shall indicate, if relevant, how the matter affects trade or investment between the Parties.

2. The Party addressed shall accord full and sympathetic consideration to the concerns of the requesting Party and shall reply promptly to the request.

3. To facilitate discussion of the matter that is the subject of the consultations, each Party shall endeavour to provide relevant non-confidential, nonprivileged information to the other Party.

Article 18.8. Non-Application of Dispute Settlement

Neither Party shall have recourse to dispute settlement under Chapter 31 (Dispute Settlement) for a matter arising under this Chapter.

Chapter 19. STATE-OWNED ENTERPRISES AND DESIGNATED MONOPOLIES

Article 19.1. Definitions

For the purposes of this Chapter:

“Arrangement” means the Arrangement on Officially Supported Export Credits, developed within the framework of the OECD, or a successor undertaking, whether developed within or outside of the OECD framework, that has been adopted by at least 12 original WTO Members that were Participants to the Arrangement as of 1 January 1979;

“commercial activities” means activities which an enterprise undertakes with an orientation toward profit-making (1) and which result in the production of a good or supply of a service that will be sold to a consumer in the relevant market in quantities and at prices determined by the enterprise; (2)

(1) For greater certainty, activities undertaken by an enterprise which operates on a not-for-profit basis or on a cost-recovery basis are not activities undertaken with an orientation toward profit-making.
(2) For greater certainty, measures of general application to the relevant market shall not be construed as the determination by a Party of pricing, production, or supply decisions of an enterprise.

"commercial considerations" means price, quality, availability, marketability, transportation, and other terms and conditions of purchase or sale, or other factors that would normally be taken into account in the commercial decisions of a privately owned enterprise in the relevant business or industry;

"designate" means to establish, designate, or authorise a monopoly, or to expand the scope of a monopoly to cover an additional good or service;

"designated monopoly" means a privately owned monopoly that is designated after the date of entry into force of this Agreement and any government monopoly that a Party designates or has designated;

"government monopoly" means a monopoly that is owned, or controlled through ownership interests, by a Party or by another government monopoly;

"independent pension fund" means an enterprise that is owned, or controlled through ownership interests, by a Party that:

(a) is engaged exclusively in the following activities:

(i) administering or providing a plan for pension, retirement, social security, disability, death or employee benefits, or any combination thereof, solely for the benefit of natural persons who are contributors to such a plan and their beneficiaries; or

(ii) investing the assets of these plans;

(b) has a fiduciary duty to the natural persons referred to in subparagraph (a)(i); and

(c) is free from investment direction from the government of the Party; (3)

(3) Investment direction from the government of a Party: (a) does not include general guidance with respect to risk management and asset allocation that is not inconsistent with usual investment practices; and (b) is not demonstrated, alone, by the presence of government officials on the enterprise's board of directors or investment panel.

"market" means the geographical and commercial market for a good or service;

"monopoly" means an entity, including a consortium or government agency, that in any relevant market in the territory of a Party is designated as the sole provider or purchaser of a good or service, but does not include an entity that has been granted an exclusive intellectual property right solely by reason of the grant;

"non-commercial assistance" (4) means assistance to a state-owned enterprise by virtue of that state-owned enterprise's government ownership or control, where:

(4) For greater certainty, non-commercial assistance does not include: (a) intra-group transactions within a corporate group including state-owned enterprises, for example, between the parent and subsidiaries of the group, or among the group's subsidiaries, when normal business practices require reporting the financial position of the group excluding these intra-group transactions; (b) other transactions between state-owned enterprises that are consistent with the usual practices of privately owned enterprises in arm's length transactions; or (c) a Party's transfer of funds, collected from contributors to a plan for pension, retirement, social security, disability, death or employee benefits, or any combination thereof, to an independent pension fund for investment on behalf of the contributors and their beneficiaries.

(a) "assistance" means:

(i) direct transfers of funds or potential direct transfers of funds or liabilities, such as:

(A) grants or debt forgiveness;

(B) loans, loan guarantees, or other types of financing on terms more favourable than those commercially available to that enterprise; or

(C) equity capital inconsistent with the usual investment practice, including for the provision of risk capital, of private investors; or

(ii) goods or services other than general infrastructure on terms more favourable than those commercially available to that enterprise;

(b) "by virtue of that state-owned enterprise's government ownership or control" (5) means that the Party or any of the Party's state enterprises or state-owned enterprises:

(5) In determining whether the assistance is provided "by virtue of that state-owned enterprise's government ownership or control", account shall be taken of the extent of diversification of economic activities within the territory of the Party, as well as of the length of time during which the non-commercial assistance programme has been in operation.

(i) explicitly limits access to the assistance to the Party's state-owned enterprises;

(ii) provides assistance which is predominately used by the Party's state-owned enterprises;

(iii) provides a disproportionately large amount of the assistance to the Party's state-owned enterprises; or

(iv) otherwise favours the Party's state-owned enterprises through the use of its discretion in the provision of assistance;

"public service mandate" means a government mandate pursuant to which a state- owned enterprise makes available a service, directly or indirectly, to the general public in its territory; (6)

(6) For greater certainty, a service to the general public includes: (a) the distribution of goods; and (b) the supply of general infrastructure services.

"sovereign wealth fund" means an enterprise owned, or controlled through ownership interests, by a Party that:

(a) serves solely as a special purpose investment fund or arrangement (7) for asset management, investment, and related activities, using financial assets of a Party; and

(7) For greater certainty, the Parties understand that the word "arrangement" as an alternative to "fund" allows for a flexible interpretation of the legal arrangement through which the assets can be invested.

(b) is a Member of the International Forum of Sovereign Wealth Funds or endorses the Generally Accepted Principles and Practices ("Santiago Principles") issued by the International Working Group of Sovereign Wealth Funds, October 2008, or such other principles and practices as may be agreed to by the Parties, and includes any special purpose vehicles established solely for those activities described in subparagraph (a) wholly owned by the enterprise, or wholly owned by the Party but managed by the enterprise; and

"state-owned enterprise" means an enterprise that is principally engaged in commercial activities in which a Party:

(a) directly owns more than 50 per cent of the share capital;

(b) controls, through ownership interests, the exercise of more than 50 per cent of the voting rights; or

(c) holds the power to appoint a majority of members of the board of directors or any other equivalent management body.

Article 19.2. Scope  (8)

1. This Chapter shall apply to the activities of state-owned enterprises and designated monopolies of a Party that affect trade or investment between Parties. This Chapter shall also apply to the activities of state-owned enterprises of a Party that cause adverse effects in the market of a non-party as provided in Article 19.7 (Adverse Effects).

2. Nothing in this Chapter shall prevent a central bank or monetary authority of a Party from performing regulatory or supervisory activities or conducting monetary and related credit policy and exchange rate policy.

3. Nothing in this Chapter shall prevent a financial regulatory body of a Party, including a non-governmental body, such as a securities or futures exchange or market, clearing agency, or other organisation or association, from exercising regulatory or supervisory authority over financial services suppliers.

4. Nothing in this Chapter shall prevent a Party, or one ofits state enterprises or state-owned enterprises, from undertaking activities for the purpose of the resolution of a failing or failed established financial service supplier or any other failing or failed enterprise principally engaged in the supply of financial services.

  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Relation to other Agreements 1
  • Article   1.3 General Definitions 1
  • Chapter   2 NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS 1
  • Article   2.1 Definitions 1
  • Article   2.2 Scope 1
  • Article   2.3 National Treatment 1
  • Article   2.4 Classification of Goods 1
  • Article   2.5 Elimination of Customs Duties 1
  • Article   2.6 Accelerated Tariff Elimination 1
  • Article   2.7 Goods Re-Entered after Repair or Alteration 2
  • Article   2.8 Duty-Free Entry of Commercial Samples of Negligible Value and Printed Advertising Materials 2
  • Article   2.9 Temporary Admission of Goods 2
  • Article   2.10 Import and Export Restrictions 2
  • Article   2.11 Remanufactured Goods 2
  • Article   2.12 Import Licensing Procedures 2
  • Article   2.13 Export Licensing Procedures 2
  • Article   2.14 Administrative Fees and Formalities 2
  • Article   2.15 Export Duties, Taxes, and other Charges 2
  • Article   2.16 Data Sharing on Preference Utilisation 2
  • Article   2.17 Trade In Goods Sub-Committee 2
  • Article   2.18 Consultations 2
  • Chapter   3 RULES OF ORIGIN AND ORIGIN PROCEDURES 2
  • Section   A Definitions and General Provisions 2
  • Article   3.1 Definitions 2
  • Article   3.2 Origin Criteria 2
  • Article   3.3 Wholly Obtained Goods. 2
  • Article   3.4 Regional Value Content 2
  • Article   3.4 Regional Value Content 3
  • Article   3.5 Materials Used In Production 3
  • Article   3.6 Value of Materials Used In Production 3
  • Article   3.7 Further Adjustments to the Value of Materials 3
  • Article   3.8 Cumulation 3
  • Article   3.9 Tolerance 3
  • Article   3.10 Non-Alteration 3
  • Article   3.11 Treatment of Indirect Materials 3
  • Article   3.12 Accessories, Spare Parts, Information Materials, and Tools 3
  • Article   3.13 Sets of Goods 3
  • Article   3.14 Treatment of Packaging Materials and Packing Materials 3
  • Article   3.15 Recovered Materials and Remanufactured Goods 3
  • Article   3.16 Fungible Goods and Materials 3
  • Article   3.17 Rules of Origin and Customs and Trade Facilitation Working Group 3
  • Section   B Origin Procedures 3
  • Article   3.18 Claims for Preferential Treatment 3
  • Article   3.19 Origin Declaration 3
  • Article   3.20 Waiver of Origin Documentation 3
  • Article   3.21 Delayed Claims for Preferential Treatment 3
  • Article   3.22 Incorrect Claims for Preferential Treatment 3
  • Article   3.23 Minor Errors and Discrepancies 3
  • Article   3.24 Penalties 3
  • Article   3.25 Record Keeping Requirements 3
  • Article   3.26 Verification of Origin 3
  • Article   3.27 Confidentiality 4
  • Article   3.28 Documentation Issued In a Non-Party 4
  • Article   3.29 Transitional Provisions for Goods In Transit 4
  • Chapter   4 CUSTOMS PROCEDURES AND TRADE FACILITATION 4
  • Article   4.1 Definitions 4
  • Article   4.2 Scope 4
  • Article   4.3 Customs Procedures and Trade Facilitation 4
  • Article   4.4 Customs Cooperation 4
  • Article   4.5 Transparency and Publication 4
  • Article   4.6 Data and Documentation 4
  • Article   4.7 Simplified Customs Procedures 4
  • Article   4.8 Expedited Shipments 4
  • Article   4.10 Perishable Goods 4
  • Article   4.11 Risk Management 4
  • Article   4.12 Advance Rulings 4
  • Article   4.10 Perishable Goods 5
  • Article   4.11 Risk Management 5
  • Article   4.12 Advance Rulings 5
  • Article   4.13 Customs Valuation 5
  • Article   4.14 Single Window  (4) 5
  • Article   4.15 Authorised Economic Operator  (5) 5
  • Article   4.16 Customs Brokers 5
  • Article   4.17 Review and Appeal 5
  • Article   4.18 Penalties 5
  • Article   4.19 Transit and Transportation 5
  • Article   4.20 Post Clearance Audit. 5
  • Article   4.21 Confidentiality 5
  • Article   4.22 Rules of Origin and Customs and Trade Facilitation Working Group 5
  • Chapter   5 SANITARY AND PHYTOSANITARY MEASURES 5
  • Article   5.1 Definitions. 5
  • Article   5.2 Scope 5
  • Article   5.3 Objectives 5
  • Article   5.4 Affirmation of the SPS Agreement 5
  • Article   5.5 Competent Authorities and Contact Points 5
  • Article   5.6 Equivalence 5
  • Article   5.7 Recognition of Pest Freedom 5
  • Article   5.8 Risk Analysis 5
  • Article   5.9 Audit  (2) 5
  • Article   5.10 Trade Conditions 6
  • Article   5.11 Emergency Measures 6
  • Article   5.12 Import Checks and Fees 6
  • Article   5.13 Official Certification 6
  • Article   5.14 Cooperation on Antimicrobial Resistance 6
  • Article   5.15 Transparency, Notification, and Information Exchange 6
  • Article   5.16 Technical Working Groups 6
  • Article   5.17 Technical Consultations 6
  • Article   5.18 Sanitary and Phytosanitary Measures Sub-Committee 6
  • Article   5.19 Dispute Settlement 6
  • Chapter   6 ANIMAL WELFARE 6
  • Article   6.1 Objectives 6
  • Article   6.2 General Provisions 6
  • Article   6.3 Right to Regulate and Improvement of Farmed Animal Welfare 6
  • Article   6.4 Cooperation 6
  • Article   6.5 Animal Welfare Working Group 7
  • Article   6.6 Dispute Settlement 7
  • Chapter   7 TECHNICAL BARRIERS TO TRADE 7
  • Section   A General Provisions 7
  • Article   7.1 Definitions 7
  • Article   7.2 Objectives 7
  • Article   7.3 Scope 7
  • Article   7.4 Incorporation of Certain Provisions of the TBT Agreement 7
  • Article   7.5 Cooperation 7
  • Article   7.6 International Standards, Guides, and Recommendations 7
  • Article   7.7 Equivalency of Technical Regulation 7
  • Article   7.8 Conformity Assessment 7
  • Article   7.9 Transparency 7
  • Article   7.10 Contact Points 7
  • Article   7.11 Technical Discussions 7
  • Article   7.12 Annexes and Implementing Arrangements 7
  • Article   7.13 Market Surveillance 7
  • Article   7.14 Marking and Labelling 7
  • Section   B Sector-Specific Provisions 7
  • Article   7.15 Cosmetic Products 7
  • Article   7.16 Medicinal Products 7
  • Article   7.17 Medical Devices 7
  • Chapter   8 TRADE REMEDIES 8
  • Section   A General Provisions 8
  • Article   8.1 Definitions 8
  • Article   8.2 Dispute Settlement 8
  • Section   B Anti-Dumping and Countervailing Duties 8
  • Article   8.3 General Provisions 8
  • Article   8.4 Transparency 8
  • Article   8.5 Lesser Duty 8
  • Article   8.6 Public Interest 8
  • Section   C Global Safeguards 8
  • Article   8.7 General Provisions 8
  • Article   8.8 Transparency 8
  • Section   D Bilateral Safeguards 8
  • Article   8.9 Adoption of Bilateral Safeguard 8
  • Article   8.10 Duration and Scope 8
  • Article   8.11 Investigation Procedure 8
  • Article   8.12 Notification and Consultation 8
  • Article   8.13 Provisional Adoption of Bilateral Safeguard 8
  • Article   8.14 Compensation 8
  • Article   8.15 Non-Cumulation 8
  • Chapter   9 CROSS-BORDER TRADE IN SERVICES 8
  • Article   9.1 Definitions 8
  • Article   9.2 Objectives. 8
  • Article   9.3 Scope 8
  • Article   9.4 Market Access 8
  • Article   9.5 National Treatment 9
  • Article   9.6 Most-Favoured-Nation Treatment 9
  • Article   9.7 Local Presence 9
  • Article   9.8 Non-Conforming Measures 9
  • Article   9.9 Payments and Transfers 9
  • Article   9.10 Subsidies 9
  • Article   9.11 Denial of Benefits 9
  • Article   9.12 Recognition 9
  • Article   9.13 Development Cooperation 9
  • Article   9.14 Services and Investment Sub-Committee 9
  • Chapter   10 DOMESTIC REGULATION 9
  • Article   10.1 Definitions 9
  • Article   10.2 Scope 9
  • Article   10.3 Administration of Measures of General Application 9
  • Article   10.4 Development of Measures 9
  • Article   10.5 Submission of Applications 9
  • Article   10.6 Application Timeframes 9
  • Article   10.7 Electronic Applications and Acceptance of Copies 9
  • Article   10.8 Processing of Applications 9
  • Article   10.9 Fees 9
  • Article   10.10 Examinations 9
  • Article   10.11 Objectivity, Impartiality, and Independence 9
  • Article   10.12 Publication and Information Available 9
  • Article   10.13 Review Procedures for Administrative Decisions 10
  • Article   10.14 Technical Standards 10
  • Article   10.15 Limited Number of Licences 10
  • Article   10.16 Opportunity to Comment Before Entry Into Force 10
  • Article   10.17 Enquiry Points 10
  • Chapter   11 FINANCIAL SERVICES 10
  • Article   11.1 Definitions 10
  • Article   11.2 Scope 10
  • Article   11.3 Specific Exceptions 10
  • Article   11.4 Prudential Exception 10
  • Article   11.5 National Treatment 10
  • Article   11.6 Market Access 10
  • Article   11.7 Financial Data and Information  (4) 10
  • Article   11.8 Payment and Clearing 10
  • Article   11.9 Self-Regulatory Organisations 10
  • Article   11.10 Senior Management and Boards of Directors 10
  • Article   11.11 Transparency 10
  • Article   11.12 Financial Services New to the Territory of a Party 11
  • Article   11.13 Diversity In Finance 11
  • Article   11.14 Sustainable Finance 11
  • Article   11.15 Financial Services Dispute Settlement 11
  • Article   11.16 Institutional 11
  • Article   11.17 Consultation 11
  • Article   11.18 Recognition of Prudential Measures 11
  • Article   11.19 Non-Conforming Measures 11
  • Article   11.20 Provision of Back-Office Functions 11
  • Chapter   12 TELECOMMUNICATIONS 11
  • Article   12.1 Definitions 11
  • Article   12.2 Objectives 11
  • Article   12.3 Scope 11
  • Article   12.4 Approaches to Regulation 12
  • Article   12.5 Access and Use 12
  • Article   12.6 Access to Essential Facilities 12
  • Article   12.7 Interconnection 12
  • Article   12.8 Interconnection with Major Suppliers 12
  • Article   12.9 Number Portability 12
  • Article   12.10 Scarce Resources 12
  • Article   12.11 Competitive Safeguards on Major Suppliers 12
  • Article   12.12 Treatment by Major Suppliers 12
  • Article   12.13 Regulatory Principles 12
  • Article   12.14 Authorisation  (4) 12
  • Article   12.15 Transparency 12
  • Article   12.16 Universal Service Obligation 12
  • Article   12.17 International Mobile Roaming Services 12
  • Article   12.18 Dispute Resolution 12
  • Article   12.19 Confidentiality 12
  • Article   12.20 Flexibility In the Choice of Technology 12
  • Article   12.21 Cooperation 12
  • Chapter   13 TEMPORARY ENTRY OF BUSINESS PERSONS 12
  • Article   13.1 Definitions 12
  • Article   13.2 Objectives 12
  • Article   13.3 Scope 12
  • Article   13.4 Application Procedures 12
  • Article   13.5 Grant of Temporary Entry 13
  • Article   13.6 Provision of Information 13
  • Article   13.7 Institutional Arrangements 13
  • Article   13.8 Relation to other Chapters 13
  • Article   13.9 Dispute Settlement 13
  • Article   13.10 Cooperation on Return and Readmissions 13
  • Chapter   14 INVESTMENT 13
  • Article   14.1 Objectives 13
  • Article   14.2 Definitions 13
  • Article   14.3 Scope 13
  • Article   14.4 Relation to other Chapters 13
  • Article   14.5 Market Access 13
  • Article   14.6 National Treatment 13
  • Article   14.7 Most-Favoured-Nation Treatment 13
  • Article   14.8 Performance Requirements 13
  • Article   14.9 Senior Management and Boards of Directors 13
  • Article   14.10 Non-Conforming Measures 13
  • Article   14.11 Minimum Standard of Treatment  (14) 14
  • Article   14.12 Treatment In Case of Armed Conflict or Civil Strife 14
  • Article   14.13 Transfers 14
  • Article   14.14 Expropriation and Compensation  (15) 14
  • Article   14.15 Subrogation 14
  • Article   14.16 Special Formalities and Disclosure of Information 14
  • Article   14.17 Denial of Benefits 14
  • Article   14.18 Investment and Environmental, Health, and other Regulatory Objectives 14
  • Article   14.19 Corporate Social Responsibility 14
  • Annex 14A  CUSTOMARY INTERNATIONAL LAW 14
  • Annex 14 B  EXPROPRIATION 14
  • Chapter   15 DIGITAL TRADE 14
  • Article   15.1 Definitions 14
  • Article   15.2 Objectives 14
  • Article   15.3 Scope and General Provisions 14
  • Article   15.4 Customs Duties 14
  • Article   15.5 Conclusion of Contracts by Electronic Means 14
  • Article   15.6 Domestic Electronic Transactions Framework 15
  • Article   15.7 Electronic Authentication 15
  • Article   15.8 Digital Identities 15
  • Article   15.9 Electronic Invoicing 15
  • Article   15.10 Paperless Trading 15
  • Article   15.11 Unsolicited Commercial Electronic Messages 15
  • Article   15.12 Commercial Information and Communication Technology Products That UseCryptography 15
  • Article   15.13 Personal Information Protection 15
  • Article   15.14 Cross-Border Transfer of Information by Electronic Means 15
  • Article   15.15 Location of Computing Facilities 15
  • Article   15.16 Open Internet Access 15
  • Article   15.17 Open Government Data 15
  • Article   15.18 Cooperation on Cyber Security Matters 15
  • Article   15.19 Digital Innovation and Emerging Technologies 15
  • Article   15.20 Digital Inclusion 15
  • Article   15.21 Cooperation 15
  • Article   15.22 Review 15
  • Chapter   16 GOVERNMENT PROCUREMENT 15
  • Article   16.1 Definitions 15
  • Article   16.2 Scope 16
  • Article   16.3 General Exceptions 16
  • Article   16.4 General Principles 16
  • Article   16.5 Information on the Procurement System 16
  • Article   16.6 Notices 16
  • Article   16.7 Conditions for Participation 16
  • Article   16.8 Qualification of Suppliers 16
  • Article   16.9 Technical Specifications and Tender DocumentationTechnical Specifications 17
  • Article   16.10 Environmental, Social, and Labour Considerations 17
  • Article   16.11 Facilitation of Participation by SMEs 17
  • Article   16.12 Time Periods 17
  • Article   16.13 Negotiation 17
  • Article   16.14 Limited Tendering 17
  • Article   16.15 Electronic Auctions 17
  • Article   16.16 Treatment of Tenders and Awarding of Contracts 17
  • Article   16.17 Transparency of Procurement Information 17
  • Article   16.18 Ensuring Integrity In Procurement Practices 18
  • Article   16.19 Disclosure of Information 18
  • Article   16.20 Domestic Review Procedures 18
  • Article   16.21 Modifications and Rectifications of Annex 18
  • Article   16.22 Government Procurement Working Group 18
  • Article   16.23 Further Negotiations 18
  • Chapter   17 Intellectual Property 18
  • Section   A General Provisions 18
  • Article   17.1 Definitions 18
  • Article   17.2 Objectives 18
  • Article   17.3 Principles 18
  • Article   17.4 Understandings In Respect of this Chapter 18
  • Article   17.5 Nature and Scope of Obligations 18
  • Article   17.6 Understandings Regarding Certain Public Health Measures 18
  • Article   17.7 National Treatment 18
  • Article   17.8 International Agreements 18
  • Article   17.9 Transparency 19
  • Article   17.10 Application of Chapter to Existing Subject Matter and Prior Acts 19
  • Article   17.11 Exhaustion of Intellectual Property Rights 19
  • Section   B Cooperation 19
  • Article   17.12 Contact Points 19
  • Article   17.13 Cooperation and Dialogue 19
  • Article   17.14 Intellectual Property Working Group 19
  • Article   17.15 Patent Cooperation and Work Sharing 19
  • Article   17.16 Cooperation on Request 19
  • Section   C Intellectual Property and Issues Related to Genetic Resources, Traditional Knowledge, and Traditional Cultural Expressions 19
  • Article   17.17 Cooperation 19
  • Article   17.18 Patent Examination and Traditional Knowledge Associated with Genetic Resources 19
  • Article   17.19 WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore 19
  • Article   17.20 Section Review 19
  • Section   D Trade Marks 19
  • Article   17.21 Types of Signs Registrable as Trade Marks 19
  • Article   17.22 Rights Conferred 19
  • Article   17.23 Exceptions 19
  • Article   17.24 Well-Known Trade Marks 19
  • Article   17.25 Procedural Aspects of Examination, Opposition, and Cancellation 19
  • Article   17.26 Bad Faith Applications 19
  • Article   17.27 Electronic Trade Marks Systems 19
  • Article   17.28 Term of Protection for Trade Marks 19
  • Article   17.29 Efforts Toward the Harmonisation of Trade Mark Systems 19
  • Article   17.30 Domain Names 19
  • Article   17.28 Term of Protection for Trade Marks 19
  • Article   17.29 Efforts Toward the Harmonisation of Trade Mark Systems 19
  • Article   17.30 Domain Names 19
  • Section   E Geographical Indications 19
  • Article   17.31 Scope of Application of this Section 19
  • Article   17.32 Recognition and Protection of Geographical Indications 19
  • Article   17.33 Consultations on Recognition and Protection of Geographical Indications 19
  • Article   17.34 Alternative Review of this Section 20
  • Article   17.35 Lists of Geographical Indications 20
  • Section   F Registered Designs 20
  • Article   17.36 Protection of Registered Designs 20
  • Article   17.37 Duration of Protection 20
  • Article   17.38 Electronic Industrial Design System 20
  • Article   17.39 Relationship to Copyright 20
  • Article   17.40 International Registration of Industrial Designs 20
  • Section   G Copyright and Related Rights 20
  • Article   17.41 Authors 20
  • Article   17.42 Performers 20
  • Article   17.43 Producers of Phonograms 20
  • Article   17.44 Broadcasting Organisations 20
  • Article   17.45 Broadcasting and Communication to the Public of Phonograms Published for Commercial Purposes  (16) 20
  • Article   17.46 Artist's Resale Right 20
  • Article   17.47 Limitations and Exceptions 20
  • Article   17.48 Term of Protection 20
  • Article   17.49 Collective Management Organisations 20
  • Article   17.50 Technological Protection Measures 20
  • Article   17.51 Rights Management Information 20
  • Section   H Patents 20
  • Article   17.52 Rights Conferred 20
  • Article   17.53 Patentable Subject Matter 20
  • Article   17.54 Exceptions 20
  • Article   17.55 Regulatory Review Exception 20
  • Article   17.56 Other Use without Authorisation of the Right Holder 20
  • Article   17.57 Amendments, Corrections, and Observations 20
  • Article   17.58 Publication of Patent Applications 20
  • Article   17.59 Information Relating to Published Patent Applications and Granted Patents 20
  • Article   17.60 Conditions on Patent Applicants 20
  • Section   I Undisclosed Test or other Data 20
  • Article   17.61 Protection of Undisclosed Test or other Data for Agricultural Chemical Products 20
  • Article   17.62 Protection of Undisclosed Test or other Data for Pharmaceutical Products 21
  • Section   J Trade Secrets 21
  • Article   17.63 Trade Secrets 21
  • Section   K Enforcement 21
  • Subsection   K.1 Enforcement - General Obligations 21
  • Article   17.64 General Obligations 21
  • Subsection   K.2 Enforcement - Civil Remedies 21
  • Article   17.65 Entitled Applicants 21
  • Article   17.66 Provisional Measures for Preserving Evidence 21
  • Article   17.67 Provisional and Precautionary Measures 21
  • Article   17.68 Safeguards 21
  • Article   17.69 Right to Information 21
  • Article   17.70 Injunctions 21
  • Article   17.71 Corrective Measures 21
  • Article   17.72 Damages 21
  • Article   17.73 Costs 21
  • Subsection   K.3 Enforcement - Border Measures 21
  • Article   17.74 Border Measures 21
  • Subsection   K.4 Enforcement - Criminal Remedies 21
  • Article   17.75 Criminal Offences 21
  • Article   17.76 Penalties 21
  • Article   17.77 Seizure, Forfeiture, and Destruction 21
  • Article   17.78 Ex Officio Enforcement 22
  • Article   17.79 Liability of Legal Persons 22
  • Subsection   K.5 Enforcement In the Digital Environment 22
  • Article   17.80 General Obligations on Enforcement In the Digital Environment 22
  • Article   17.81 Limitations on Liability of Online Service Providers 22
  • Article   17.82 Blocking Orders 22
  • Article   17.83 Procedures for Domain Registries 22
  • Article   17.84 Disclosure of Information 22
  • Subsection   K.6 Enforcement Practices with Respect to Intellectual Property Rights 22
  • Article   17.85 Transparency of Judicial Decisions and Administrative Rulings 22
  • Article   17.86 Voluntary Stakeholder Initiatives 22
  • Article   17.87 Public Awareness 22
  • Article   17.88 Specialised Enforcement Expertise, Information and Domestic Coordination 22
  • Article   17.89 Environmental Considerations In Destruction and Disposal of Infringing Goods 22
  • Chapter   18 COMPETITION 22
  • Article   18.1 Objectives 22
  • Article   18.2 Competition Law and Authorities 22
  • Article   18.3 Procedural Fairness 22
  • Article   18.4 Private Rights of Action 22
  • Article   18.5 Cooperation 22
  • Article   18.6 Transparency 22
  • Article   18.7 Consultation 22
  • Article   18.8 Non-Application of Dispute Settlement 22
  • Chapter   19 STATE-OWNED ENTERPRISES AND DESIGNATED MONOPOLIES 22
  • Article   19.1 Definitions 22
  • Article   19.2 Scope  (8) 22
  • Article   19.3 Delegated Authority 23
  • Article   19.4 Non-Discriminatory Treatment and Commercial Considerations 23
  • Article   19.5 Legal and Regulatory Framework 23
  • Article   19.6 Non-Commercial Assistance 23
  • Article   19.7 Adverse Effects 23
  • Article   19.8 Injury 23
  • Article   19.9 Transparency 23
  • Article   19.10 Technical Cooperation 23
  • Article   19.11 Contact Points 23
  • Article   19.12 Exceptions 23
  • Article   19.13 Process for Developing Information 24
  • Chapter   20 CONSUMER PROTECTION 24
  • Article   20.1 Objectives 24
  • Article   20.2 Consumer Protection Law 24
  • Article   20.3 Online Consumer Protection 24
  • Article   20.4 Transparency 24
  • Article   20.5 Consumer Redress In Cross-Border Transactions 24
  • Article   20.6 Cooperation 24
  • Article   20.7 Consultations 24
  • Chapter   21 GOOD REGULATORY PRACTICE AND REGULATORY COOPERATION 24
  • Article   21.1 Definitions 24
  • Article   21.2 General Principles 24
  • Article   21.3 Internal Coordination Processes and Mechanisms 24
  • Article   21.4 Public Consultation 24
  • Article   21.5 Impact Assessment 24
  • Article   21.6 Access to Regulatory Measures 24
  • Article   21.7 Periodic Review of Measures 24
  • Article   21.8 Cooperation General Provisions 24
  • Article   21.9 Cooperation on Good Regulatory Practice 24
  • Article   21.10 Contact Points on Good Regulatory Practice 24
  • Article   21.11 General Principles on Regulatory Cooperation 24
  • Article   21.12 Regulatory Cooperation Activities 25
  • Article   21.13 Contact Points on Regulatory Cooperation 25
  • Article   21.14 Relation to other Chapters 25
  • Article   21.15 Dispute Settlement 25
  • Chapter   22 ENVIRONMENT 25
  • Article   22.1 Definitions 25
  • Article   22.2 Maori Environmental Concepts 25
  • Article   22.3 Context and Objectives 25
  • Article   22.4 General Commitments 25
  • Article   22.5 Multilateral Environmental Agreements 25
  • Article   22.6 Climate Change 25
  • Article   22.7 Environmental Goods and Services 25
  • Article   22.8 Fossil Fuel Subsidy Reform and Transition to Clean Energy 25
  • Article   22.9 Marine Capture Fisheries (4) 25
  • Article   22.10 Sustainable Agriculture 26
  • Article   22.11 Sustainable Forest Management 26
  • Article   22.12 Conservation of Biological Diversity 26
  • Article   22.13 Resource Efficient and Circular Economy 26
  • Article   22.14 Ozone Depleting Substances and Hydrofluorocarbons 26
  • Article   22.15 Air Quality 26
  • Article   22.16 Protection of the Marine Environment from Ship Pollution and Marine Litter 26
  • Article   22.17 Voluntary Mechanisms to Enhance Environmental Performance 26
  • Article   22.18 Responsible Business Conduct and Corporate Social Responsibility 26
  • Article   22.19 Cooperation 26
  • Article   22.20 Institutional Arrangements 27
  • Article   22.21 Public Submissions 27
  • Article   22.22 Independent Advisory Groups 27
  • Article   22.23 Environment Consultations 27
  • Article   22.24 Joint Committee Consultations 27
  • Article   22.25 Ministerial Consultations 27
  • Article   22.26 Dispute Resolution 27
  • Chapter   23 TRADE AND LABOUR 27
  • Article   23.1 Definitions 27
  • Article   23.2 Objective 27
  • Article   23.3 Statement of Shared Commitment 27
  • Article   23.4 Right to Regulate and Levels of Protection 27
  • Article   23.5 Labour Rights  (1) 27
  • Article   23.6 Trade and Labour 27
  • Article   23.7 Decent Work 27
  • Article   23.8 Non-Discrimination and Gender Equality In the Workplace 27
  • Article   23.9 Modern Slavery 27
  • Article   23.10 Corporate Social Responsibility and Responsible Business Conduct 27
  • Article   23.11 Labour Cooperation 27
  • Article   23.12 Public Awareness 27
  • Article   23.13 Procedural Guarantees 27
  • Article   23.14 Advisory Groups 27
  • Article   23.15 Public Submissions 27
  • Article   23.16 Contact Points 28
  • Article   23.17 Labour Sub-Committee 28
  • Article   23.18 Labour Consultations 28
  • Article   23.19 Joint Committee Consultations 28
  • Article   23.20 Ministerial Consultations 28
  • Article   23.21 Consultation Procedure 28
  • Article   23.22 Dispute Settlement 28
  • Chapter   24 SMALL AND MEDIUM-SIZED ENTERPRISES 28
  • Article   24.1 General Principles 28
  • Article   24.2 Information Sharing 28
  • Article   24.3 Cooperation to Increase Trade and Investment Opportunities for SMEs 28
  • Article   24.4 Cooperation on Implementation of this Agreement 28
  • Article   24.5 SME Contact Points 28
  • Article   24.6 Obligations In the Agreement That Benefit SMEs 28
  • Article   24.7 Non-Application of Dispute Settlement 28
  • Chapter   25 TRADE AND GENDER EQUALITY 28
  • Article   25.1 Maori Terminology 28
  • Article   25.2 Objectives 28
  • Article   25.3 General Commitments 28
  • Article   25.4 International Instruments 28
  • Article   25.5 Cooperation 28
  • Article   25.6 Inclusive Trade Sub-Committee 29
  • Article   25.7 Contact Points 29
  • Article   25.8 Non-Application of Dispute Settlement 29
  • Chapter   26 MAORI TRADE AND ECONOMIC COOPERATION 29
  • Article   26.1 Maori Terminology 29
  • Article   26.2 Context and Purpose 29
  • Article   26.3 International Instruments 29
  • Article   26.4 Provisions Across the Agreement Benefitting Maori 29
  • Article   26.5 Cooperation Activities 29
  • Article   26.6 Recognition of Haka Ka Mate 29
  • Article   26.7 Inclusive Trade Sub-Committee 29
  • Article   26.8 Non-Application of Dispute Settlement 29
  • Chapter   27 TRADE AND DEVELOPMENT 29
  • Article   27.1 General Provisions 29
  • Article   27.2 Cooperation 29
  • Article   27.3 Inclusive Trade Sub-Committee 29
  • Article   27.4 Contact Points 29
  • Article   27.5 Dispute Settlement 29
  • Chapter   28 ANTI-CORRUPTION 29
  • Article   28.1 Definitions 29
  • Article   28.2 Scope 29
  • Article   28.3 Measures to Prevent and Combat Bribery and Corruption 29
  • Article   28.4 Persons That Report Bribery or Corruption Offences 30
  • Article   28.5 Promoting Integrity Among Public Officials 30
  • Article   28.6 Participation of Private Sector and Civil Society 30
  • Article   28.7 Application and Enforcement of Measures to Prevent and Combat Bribery and Corruption 30
  • Article   28.8 Relation to other Agreements 30
  • Article   28.9 Cooperation, Consultation, and Dispute Settlement 30
  • Chapter   29 TRANSPARENCY 30
  • Article   29.1 DefinitionsFor the Purposes of this Chapter: 30
  • Article   29.2 Publication 30
  • Article   29.3 Administrative Proceedings 30
  • Article   29.4 Review and Appeal  (1) 30
  • Article   29.5 Provision of Information 30
  • Article   29.6 Accessible and Open Government 30
  • Chapter   30 INSTITUTIONAL PROVISIONS 30
  • Article   30.1 Establishment of the Joint Committee 30
  • Article   30.2 Functions of the Joint Committee 30
  • Article   30.3 General Review 30
  • Article   30.5 Contact Points 30
  • Article   30.6 Exchange of Information 30
  • Article   30.7 Domestic Engagement 30
  • Article   30.8 Inclusive Trade Sub-Committee 30
  • Article   30.9 Sub-Committees 31
  • Article   30.10 Working Groups 31
  • Chapter   31 DISPUTE SETTLEMENT 31
  • Article   31.1 Definitions 31
  • Article   31.2 Objective 31
  • Article   31.3 Cooperation 31
  • Article   31.4 Scope 31
  • Article   31.5 Consultations 31
  • Article   31.6 Establishment of a Panel 31
  • Article   31.7 Composition of a Panel 31
  • Article   31.8 Qualifications of ArbitratorsAll Arbitrators Shall: 31
  • Article   31.9 Functions of a Panel 31
  • Article   31.10 Terms of Reference of a Panel 31
  • Article   31.11 Rules of Interpretation of a Panel 31
  • Article   31.12 Reports of a Panel 31
  • Article   31.13 Compliance with the Final Report 31
  • Article   31.14 Compliance Review 32
  • Article   31.15 Temporary Remedies In Case of Non-Compliance 32
  • Article   31.16 Compliance Review after the Adoption of Temporary Remedies 32
  • Article   31.17 Administration of the Dispute Settlement Procedure 32
  • Article   31.18 Choice of Forum 32
  • Article   31.19 Cases of Urgency 32
  • Article   31.20 Good Offices, Conciliation, and Mediation 32
  • Article   31.21 Mutually Agreed Solution 32
  • Article   31.22 Suspension and Termination of Proceedings 32
  • Article   31.23 Rules of Procedure and Code of Conduct 32
  • Article   31.24 Time Periods 32
  • Article   31.25 Expenses 32
  • Annex 31 A  RULES OF PROCEDURE 32
  • Appendix 31 A-a  CONFIDENTIAL INFORMATION 33
  • Appendix 31 A-b  DECLARATION OF NON-DISCLOSURE 33
  • Annex 31 B  CODE OF CONDUCT 33
  • Section   A Provision of Code of Conduct 33
  • Section   B Governing Principles 33
  • Section   C Disclosure Obligations 33
  • Section   D Performance of Duties 33
  • Section   E Independence and Impartiality of Arbitrators 33
  • Section   F Duties of Former Arbitrators 33
  • Section   G Maintenance of Confidentiality 33
  • Section   H Responsibilities of Experts, Assistants, Staff, and ADR Providers 33
  • Appendix 31 B-a  INITIAL DISCLOSURE STATEMENT 33
  • Chapter   32 GENERAL EXCEPTIONS AND GENERAL PROVISIONS 33
  • Article   32.1 General Exceptions 33
  • Article   32.2 Security Exceptions 33
  • Article   32.3 Measures to Safeguard the Balance of Payments 33
  • Article   32.4 Taxation Measures 33
  • Article   32.5 Treaty of Waitangi 34
  • Article   32.6 The National Health Service of the United Kingdom and the New Zealand Health and Disability System 34
  • Article   32.7 Disclosure of Information 34
  • Article   32.8 Confidentiality 34
  • Chapter   33 FINAL PROVISIONS 34
  • Article   33.1 Annexes, Appendices, and Footnotes 34
  • Article   33.2 Amended or Successor International Agreements 34
  • Article   33.3 Amendments 34
  • Article   33.4 Termination 34
  • Article   33.5 Laws and Regulations and Their Amendments 34
  • Article   33.6 Territorial Extension 34
  • Article   33.7 Territorial Disapplication 34
  • Article   33.8 Entry Into Force 34
  • Annex I  CROSS-BORDER TRADE IN SERVICES AND INVESTMENT. NON-CONFORMING MEASURES 34
  • Annex I  Schedule of New Zealand 34
  • Annex I  Schedule of the United Kingdom 35
  • Annex II  CROSS-BORDER TRADE IN SERVICES AND INVESTMENT. NON-CONFORMING MEASURES 35
  • Annex II  Schedule of New Zealand 36
  • Annex II  Schedule of the United Kingdom 39