(a) supports exports or imports, provided that these services are:
(i) not intended to displace commercial financing; or
(ii) offered on terms no more favourable than those that could be obtained for comparable financial services in the commercial market; (24)
(b) supports private investment outside the territory of the Party, provided that these services are:
(i) not intended to displace commercial financing; or
(ii) offered on terms no more favourable than those that could be obtained for comparable financial services in the commercial market; or
(c) is offered on terms consistent with the Arrangement, provided that it falls within the scope of the Arrangement.
3. The supply of financial services by a state-owned enterprise pursuant to a government mandate shall be deemed not to give rise to adverse effects under subparagraphs 1(b), 1(c), 2(b), or 2(c) of Article 19.6 (Non-Commercial Assistance), where the Party in which the financial service is supplied requires a local presence in order to supply those services, if that supply of financial services: (25)
(a) supports exports and imports, provided that these services are:
(i) not intended to displace commercial financing; or
(ii) offered on terms no more favourable than those that could be obtained for comparable financial services in the commercial market;
(b) supports private investment outside the territory of the Party, provided that these services are:
(i) not intended to displace commercial financing; or
(ii) offered on terms no more favourable than those that could be obtained for comparable financial services in the commercial market; or
(c) is offered on terms consistent with the Arrangement, provided that it falls within the scope of the Arrangement.
4. Article 19.6 (Non-Commercial Assistance) shall not apply with respect to an enterprise located outside the territory of a Party over which a state-owned enterprise of that Party has assumed temporary ownership as a consequence of foreclosure or a similar action in connection with defaulted debt, or payment of an insurance claim by the state-owned enterprise, associated with the supply of the financial services referred to in paragraphs 2 and 3, provided that any support the Party, a state enterprise, or state-owned enterprise of the Party, provides to the enterprise during the period of temporary ownership is provided in order to recoup the state-owned enterprise’s investment in accordance with a restructuring or liquidation plan that will result in the ultimate divestiture from the enterprise.
5. Article 19.4 (Non-Discriminatory Treatment and Commercial Considerations), Article 19.6 (Non- Commercial Assistance), Article 19.9 (Transparency), and Article 19.11 (Contact Points) shall not apply with respect to a state-owned enterprise or designated monopoly if, in any one of the three previous consecutive fiscal years, the annual revenue derived from the commercial activities of the state-owned enterprise or designated monopoly was less than a threshold amount which shall be calculated in accordance with Annex 19A (Threshold Calculation). (26)
6. Subparagraphs 1(b) and 2(b) of Article 19.6 (Non-Commercial Assistance) shall not apply to New Zealand, or any of its existing and future state enterprises or state-owned enterprises, with respect to:
(a) the supply of construction, operation, maintenance, or repair services of physical infrastructure supporting communications between New Zealand and the United Kingdom; and
(b) the supply of air transport services and maritime transport services to the extent that they provide a connection for New Zealand to the rest of the world, provided that non-commercial assistance for the supply of air transport services:
(i) is provided in order to maintain ongoing operations; and
(ii) does not cause:
(A) a significant increase in the entity’s market share of the service; or
(B) a significant price undercutting by the service supplied by the entity as compared with the price in the same market of a like service supplied by a service supplier of the other Party, or significant price suppression, price depression, or lost sales in the same market.
Article 19.13. Process for Developing Information
Annex 19B (Process for Developing Information Concerning State-Owned Enterprises and Designated Monopolies) applies in any dispute under Chapter 31 (Dispute Settlement) regarding a Party’s conformity with Article 19.4 (NonDiscriminatory Treatment and Commercial Considerations) or Article 19.6 (NonCommercial Assistance).
Chapter 20. CONSUMER PROTECTION
Article 20.1. Objectives
The objectives of this Chapter are to:
(a) promote transparent and effective measures to protect consumers;
(b) promote effective enforcement of consumer protection measures;
(c) enhance consumer trust and welfare; and
(d) facilitate cooperation between the Parties' respective national consumer protection agencies or other relevant bodies on matters related to consumer protection.
The Parties recognise that, in addition this Chapter, there are provisions in other Chapters of this Agreement that seek to enhance cooperation among the Parties on consumer issues or that otherwise may be of particular benefit to consumers. In particular, the Parties note the provisions benefitting consumers engaged in online commercial activities set out in Chapter 15 (Digital Trade), including Article 15.11 (Unsolicited Commercial Electronic Messages - Digital Trade) and Article 15.13 (Personal Information Protection - Digital Trade).
Article 20.2. Consumer Protection Law
1. Each Party shall maintain measures against fraudulent, deceptive, misleading, or unfair commercial activities. Fraudulent, deceptive, misleading, or unfair commercial activities include:
(a) making misrepresentations or false claims as to material qualities, price, suitability for purpose, quantity, or origin of goods or services;
(b) advertising goods or services for supply without intention to supply;
(c) charging consumers for goods or services for supply without intention to supply; or
(d) charging or debiting consumers' financial, telephone, or other accounts without authorisation.
2. Each Party shall maintain measures that:
(a) require goods provided to be of reasonable and satisfactory quality at the time of delivery and consistent with the supplier's claims regarding the quality of the goods;
(b) require services provided to be performed with reasonable skill and care, in a reasonable time, and consistent with the supplier's claims regarding the quality of the services; and
(c) provide consumers with appropriate redress when a supplier breaches the measures described in subparagraphs (a) and (b).
Article 20.3. Online Consumer Protection
Each Party shall provide consumers engaged in online commercial activities with a level of protection not less than that provided under its law to consumers engaged in other forms of commerce. (1)
Article 20.4. Transparency
1. The Parties recognise the value of transparency in relation to consumer protection law.
2. Each Party shall publish information on the consumer protections it provides to consumers, including for consumers, including for consumers engaged in online commercial activities. That information shall include how:
(a) consumers can pursue remedies; and
(b) enterprises can comply with any legal requirements.
3. Each Party shall encourage enterprises to publish their policies and procedures related to consumer protection.
Article 20.5. Consumer Redress In Cross-Border Transactions
1. The Parties recognise the importance of robust, effective, and accessible consumer redress mechanisms in protecting consumers engaged in cross- border trade, and promoting the continued growth of cross-border trade in goods and services.
2. The Parties shall cooperate to identify obstacles to consumers in accessing redress mechanisms for claims involving consumers of a Party transacting with suppliers of the other Party, and consider appropriate measures to enhance the ability of consumers to seek, and suppliers to facilitate, effective and timely redress.
Article 20.6. Cooperation
1. The Parties shall cooperate on matters of mutual interest related to consumer protection, including with respect to:
(a) enforcement of consumer protection laws and regulations against fraudulent, deceptive, misleading, or unfair commercial activities; and
(b) online consumer protection, including building consumer confidence in digital trade.
Such cooperation shall be in a manner compatible with each Party's respective law and within their available resources.
2. The Parties acknowledge the importance of cooperation and coordination internationally and the work of multilateral organisations in this area, including the OECD Committee on Consumer Policy, and the International Consumer Protection and Enforcement Network.
Article 20.7. Consultations
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, non- privileged information to the other Party.
4. This Article shall not apply to matters arising under Article 20.3 (Online Consumer Protection). Article 20.8 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, except for matters arising under Article 20.3 (Online Consumer Protection).
Chapter 21. GOOD REGULATORY PRACTICE AND REGULATORY COOPERATION
Article 21.1. Definitions
For the purposes of this Chapter:
"regulatory authority" means:
(a) for New Zealand, any central government organisation that administers a regulatory measure covered by this Agreement;
(b) for the United Kingdom, a ministerial department of the central level of government; and
"regulatory measure" means:
(a) for New Zealand:
(i) a Public Act of the Parliament of New Zealand; or
(ii) a Regulation made by Order in Council,
which is a measure of general application related to any matter covered by this Agreement, excluding:
(iii) any measure that would have no or only minor impacts on businesses, individuals, or not-for-profit entities;
(iv) any measure imposing, abolishing, or varying any tax, duty, levy, or other charge (or any measure in connection with that measure);
(v) any measure in connection with public sector procurement;
(vi) any measure in connection with the giving of grants or other financial assistance by or on behalf of a public sector organisation;
(vii) any measure which is to have effect for a period of less than 12 months; or
(viii) any measure related to managing, mitigating, or alleviating the impacts of declared emergency events;
(b) for the United Kingdom:
(i) an Act of the UK Parliament; or
(ii) a statutory instrument made by a Minister of the Crown under an Act of the UK Parliament,
which makes provision in relation to a matter covered by this Agreement which relates to a business activity, excluding:
(iii) any measure imposing, abolishing, or varying any tax, duty, levy, or other charge (or any measure in connection with that measure);
(iv) any measure in connection with public sector procurement;
(v) any measure in connection with the giving of grants or other financial assistance by or on behalf of a public authority; or
(vi) any measure which is to have effect for a period of less than 12 months.
Article 21.2. General Principles
1. The purpose of this Chapter is to promote good regulatory practice, and regulatory cooperation between the Parties, with the aim of:
(a) promoting an effective, transparent, and predictable regulatory environment;
(b) promoting compatible regulatory approaches and reducing unnecessarily burdensome, duplicative, or divergent regulatory requirements;
(c) discussing regulatory measures, practice, or approaches of the Parties, including how to enhance their effective and efficient application; and
(d) reinforcing bilateral cooperation between the Parties in international fora.
2. Each Party shall be free to determine its approach to good regulatory practice and regulatory cooperation under this Agreement in a manner consistent with its own legal framework, practice, and relevant principles of governance.
3. Each Party shall be free to identify its regulatory priorities and prepare and adopt regulatory measures to address those priorities to ensure the levels of protection that the Party considers appropriate to achieve its public policy objectives, which may include health, safety, and environmental goals.
4. This Chapter shall not be construed so as to require a Party to:
(a) take actions that would undermine or impede the timely adoption of regulatory measures to achieve its public policy objectives, or would otherwise risk undermining or compromising those public policy objectives;
(b) achieve any particular regulatory outcome; or
(c) adopt or apply domestic procedures, processes, and mechanisms that are unlikely to be cost effective for that Party.
Article 21.3. Internal Coordination Processes and Mechanisms
Each Party shall maintain internal coordination processes and mechanisms that foster good regulatory practice and promote the application of good regulatory practice principles to its regulatory measures. Each Party shall make descriptions of those processes and mechanisms freely and publicly available through a digital medium.
Article 21.4. Public Consultation
In addition to paragraph 2 of Article 29.2 (Publication - Transparency), when developing a proposed (1) major (2) regulatory measure,(3) each Party is encouraged to:
(a) make its consultation documentation freely and publicly available through a digital medium, including information on how to provide input; and
(b) make publicly available a summary of how relevant input received has informed the development of the proposed regulatory measure.
Article 21.5. Impact Assessment
1. Each Party shall endeavour to carry out, in accordance with its own rules and procedures, proportionate impact assessments of proposed major regulatory measures.
2. Each Party shall establish and maintain processes and mechanisms for carrying out proportionate impact assessments. Those processes and mechanisms shall consider:
(a) the need for a regulatory measure, including the nature and the significance of the issue that a regulatory measure intends to address;
(b) any feasible and appropriate regulatory or non-regulatory options, including the option of not regulating, if available, that would achieve the Party's public policy objectives; and
(c) reasonably obtainable existing information including relevant scientific, technical, economic, or other information, within the boundaries of the authorities, mandates, and resources of the regulatory authority responsible for undertaking the impact assessment.
3. When conducting regulatory impact assessments, a Party may take into consideration the potential impact of the proposed regulatory measure on SMEs. (4)
4. Each Party shall, in accordance with its own rules and procedures, publish the findings of its impact assessments in a timely manner. The Party may explain the grounds for concluding that the selected option achieves its public policy objectives effectively.
Article 21.6. Access to Regulatory Measures
In addition to Paragraphs 1 and 4 of Article 29.2 (Publication -Transparency), each Party shall ensure, consistent with its own rules and procedures, that its regulatory measures that are in effect are freely available and searchable.
Article 21.7. Periodic Review of Measures
1. Each Party shall endeavour to maintain processes or mechanisms to promote periodic reviews of major regulatory measures at intervals it deems appropriate.
2. Each Party shall endeavour to ensure that periodic reviews consider, where appropriate:
(a) whether there are opportunities to achieve its public policy objectives more effectively and efficiently; (5) and
(b) whether those regulatory measures are likely to remain fit for purpose.
Article 21.8. Cooperation General Provisions
1. The Parties shall cooperate to facilitate the implementation of this Chapter and to maximise the benefits arising from it, including those envisioned in paragraph 1 of Article 21.2 (General Principles).
2. Each Party may propose a good regulatory practice or a regulatory cooperation activity to the other Party through the designated contact points in accordance with Article 21.10 (Contact Points on Good Regulatory Practice) and Article 21.13 (Contact Points on Regulatory Cooperation) respectively or through direct contact between the relevant regulatory authorities.
Article 21.9. Cooperation on Good Regulatory Practice
1. Good regulatory practice cooperation activities may include:
(a) information exchanges, dialogues, or meetings between policy officials responsible for oversight of good regulatory practice;
(b) engaging with interested persons, including business and consumers;
(c) seeking to collaborate in relevant international fora; and
(d) other activities that the Parties may agree.
2. The Parties may undertake cooperation activities under this Article on a voluntary basis.
Article 21.10. Contact Points on Good Regulatory Practice
1. Each Party shall designate and notify a contact point on good regulatory practice to facilitate communication and cooperation between the Parties on any good regulatory practice covered by this Chapter.
2. Each Party shall promptly notify the other Party of any change to its good regulatory practice contact point.
Article 21.11. General Principles on Regulatory Cooperation
1. The Parties affirm the importance of regulatory cooperation and its role in:
(a) facilitating economic activity, trade, and investment, including the efficient operation of value chains;
(b) helping to reduce or remove potential regulatory barriers;