3. Each Party shall respond in a timely manner to those submissions in accordance with domestic procedures. A Party may request from the person or organisation that made the submission additional information that is necessary to consider the substance of the submission.
Article 23.16. Contact Points
1. Each Party shall designate a contact point within 90 days of the date of entry into force of this Agreement. Each Party shall notify the other Party of the contact details of its contact point and shall promptly notify the other Party of any change to its contact point or those contact details.
2. The contact points shall facilitate regular communication between the Parties on any matter relating to this Chapter. The contact point may also:
(a) act as a channel for communication with the public in their respective territories;
(b) work together, including with appropriate departments of their central level of government, to coordinate cooperative activities in line with the priorities of the Committee; and
(c) receive and respond to requests for consultations in accordance with this Chapter.
Article 23.17. Labour Sub-Committee
1. The Labour Sub-Committee ("Sub-Committee") established under Article 30.9 (Sub-Committees - Institutional Provisions) shall be composed of official level representatives with relevant trade or labour responsibilities as designated by each Party.
2. The purpose of the Sub-Committee is to oversee the implementation of this Chapter and its functions shall be to:
(a) provide a forum to discuss and review the implementation of this Chapter;
(b) provide periodic reports to the Joint Committee regarding the implementation of this Chapter;
(c) provide a forum to establish and review cooperative priorities and activities under this Chapter;
(d) provide a forum to resolve differences between the Parties as to the interpretation or application of this Chapter; and
(e) perform any other functions as the Parties may decide.
3. The Sub-Committee shall meet within one year of the date of entry into force of this Agreement. Thereafter, the Sub-Committee shall meet at least every two years, unless the Parties agree otherwise. The Sub-Committee meetings shall be chaired by each Party in turn and may meet physically or virtually as mutually agreed.
4. All decisions and reports of the Sub-Committee shall be made by consensus.
5. As part of its proceedings, the Sub-Committee shall convene Dialogues on issues relevant to the implementation of this Chapter with the members of their advisory groups referred to in Article 23.14 (Advisory Groups), including representatives of its worker and employer organisations, unless the Parties agree otherwise. Participation in the Joint Dialogues may take place by any appropriate means of communication as the Parties agree.
6. The Sub-Committee shall monitor and periodically review the implementation and operation of this Chapter and make appropriate recommendations to the Joint Committee for its consideration.
7. To facilitate public awareness of the implementation of this Chapter, the Sub-Committee shall agree on a joint summary report on its work at the end of each Sub-Committee meeting, which shall be made publicly available.
8. The Parties shall, as appropriate, liaise with relevant international organisations, such as the ILO, on matters related to this Chapter. The Committee may seek to develop joint proposals or collaborate with those organisations or with non-parties.
Article 23.18. Labour Consultations
1. The Parties shall at all times endeavour to agree on the interpretation and application of this Chapter, and shall make every effort through cooperation, dialogue, consultations, and exchange of information to address any matter arising under this Chapter.
2. A Party ("the requesting Party") may request consultations with the other Party ("the responding Party") regarding any matter arising under this Chapter by delivering a written request to the responding Party's contact point. The requesting Party shall set out the reasons for the request, including identification of the measure or other matter at issue and an indication of the legal basis for the request. The responding Party shall, unless agreed otherwise with the requesting Party, respond to the request in writing no later than 10 days after the date of receipt of the request.
3. Unless the Parties agree otherwise, they shall enter into consultations promptly, and no later than 30 days after the date of receipt by the responding Party of the request.
4. The Parties shall make every effort to arrive at a mutually agreed solution to the matter, which may include appropriate cooperative activities. The Parties may seek advice or assistance from any person or body they deem appropriate in order to examine the matter.
Article 23.19. Joint Committee Consultations
1. If the Parties have failed to resolve the matter under Article 23.18 (Labour Consultations), a Party may request that the Joint Committee convene to consider the matter by delivering a written request to the contact point of the other Party.
2. The Joint Committee shall promptly convene following the delivery of the request, and shall seek to resolve the matter including, if appropriate, by gathering relevant information from governmental or non-governmental experts.
Article 23.20. Ministerial Consultations
If the Parties have failed to resolve the matter under Article 23.19 (Joint Committee Consultations), a Party may refer the matter to the relevant Ministers of the Parties who shall seek to resolve the matter.
Article 23.21. Consultation Procedure
Consultations pursuant to Articles 23.18 (Labour Consultations) to Article 23.20 (Ministerial Consultations) may be held in person or by any technological means available as agreed by the Parties. Consultations and, in particular, positions taken by the Parties during their consultations, shall be confidential and without prejudice to the rights of a Party in any further proceedings.
Article 23.22. Dispute Settlement
1. Articles 23.18 (Labour Consultations) to Article 23.20 (Ministerial Consultations) apply by way of derogation from Article 31.5 (Consultations â Dispute Settlement).
2. If the matter at issue falls within Article 31.4 (Scope - Dispute Settlement) and the Parties have failed to resolve the matter under Articles 23.18 (Labour Consultations) to Article 23.20 (Ministerial Consultations) within 120 days of the date of receipt of a request under Article 23.18 (Labour Consultations), or any other period as the Parties may agree, the requesting Party may request the establishment of a panel under Article 31.6 (Establishment of a Panel - Dispute Settlement) and, as provided in Chapter 31 (Dispute Settlement), thereafter have recourse to the other provisions of that Chapter.
3. In addition to the requirements under Article 31.8 (Qualifications of Arbitrators - Dispute Settlement), the Parties shall ensure that the panel appointed in accordance with Article 31.7 (Composition of a Panel - Dispute Settlement) has sufficient expertise or experience in labour law for the purposes of a dispute arising under this Chapter. In a dispute arising under this Chapter, the panel shall seek information or technical advice from any expert that it deems appropriate, which may include experts in labour law.
Chapter 24. SMALL AND MEDIUM-SIZED ENTERPRISES
Article 24.1. General Principles
1. The Parties, recognising the fundamental role SMEs play in contributing to economic growth, sustainable development, employment, and innovation, shall seek to cooperate in promoting SME participation in international trade and global value chains to support their growth and the creation of jobs.
2. The Parties recognise the importance of SMEs in trade and investment between the Parties and affirm their commitment to enhance the ability of SMEs to benefit from this Agreement.
3. The Parties recognise the importance of providing assistance to SMEs, including under this Chapter, to encourage their participation in global markets and supply chains.
4. The Parties recognise the importance of current initiatives, efforts, and work on SMEs developed under various international fora, and taking into account their findings and recommendations, where appropriate.
Article 24.2. Information Sharing
1. Each Party shall establish or maintain a digital medium that allows the public to access information regarding this Agreement free of charge, including:
(a) the text of this Agreement;
(b) a summary of this Agreement; and
(c) information designed for SMEs that includes:
(i) a description of the provisions in this Agreement that the Party considers to be relevant to SMEs; and
(ii) any additional information that the Party considers to be useful for SMEs interested in benefitting from the opportunities provided by this Agreement.
2. Each Party shall provide access through the digital medium to:
(a) the equivalent information of the other Party; and
(b) the information of its own government agencies or authorities and other appropriate entities that provide information the Party considers useful to persons interested in trading, investing, or doing business in that Party's territory.
3. The information described in subparagraph 2(b) may include:
(a) customs regulations, procedures, or enquiry points;
(b) regulations and procedures concerning intellectual property rights;
(c) technical regulations, standards, or conformity assessment procedures;
(d) relevant sanitary or phytosanitary measures relating to importation or exportation;
(e) foreign investment regulations;
(f) business registration procedures;
(g) trade promotion programmes;
(h) employment regulations;
(i) taxation information;
(j) information related to the temporary entry of business persons (as provided for in Chapter 13 (Temporary Entry of Business Persons)); and
(k) government procurement opportunities within the scope of Chapter 16 (Government Procurement).
4. Each Party shall regularly, or on request of the other Party, review the information made available under paragraphs 1 and 2 to ensure that they are up-to-date and accurate.
Article 24.3. Cooperation to Increase Trade and Investment Opportunities for SMEs
1. The Parties acknowledge the importance of cooperating to reduce barriers to SMEs' access to international markets and global supply chains. Accordingly, the Parties may, among other forms of cooperation:
(a) exchange and discuss each Party's experience and best practice in supporting and assisting SMEs with respect to, among other things:
(i) training programmes;
(ii) trade education;
(iii) trade finance;
(iv) identifying commercial partners in the other Party;
(v) establishing good business credentials;
(vi) insurance, tax, and payment practices in the other Party's market; and
(vii) helping SMEs adapt to changing market conditions;
(b) facilitate the development of programmes to assist SMEs to participate in and integrate effectively into global markets and supply chains;
(c) promote the participation in international trade of SMEs owned by under-represented groups, such as women, youth, Maori, and minority groups; and
(d) support SMEs to participate in digital trade and e-commerce to take advantage of opportunities resulting from this Agreement.
2. The Parties may seek to collaborate with appropriate experts and international organisations in carrying out any programme or activity. The Parties also recognise that the involvement of the private sector is important in these activities.
Article 24.4. Cooperation on Implementation of this Agreement
Each Party shall cooperate, as part of the implementation of this Agreement, on promotional activities targeted at SMEs. These activities may include:
(a) undertaking joint roadshows to promote the Agreement to SMEs and the opportunities it creates for them; and
(b) providing guidance on where SMEs can find information on doing business in each Party's market, such as the information referred to in Article 24.2 (Information Sharing).
Article 24.5. SME Contact Points
1. Each Party shall designate and notify a contact point on SMEs to facilitate communications between the Parties on any matter the Party considers relevant to SMEs.
2. Each Party shall promptly notify the other Party of any change to its contact point.
3. The contact points shall meet as necessary and shall carry out their work through communication channels decided by the Parties.
4. Where appropriate, the contact points shall:
(a) exchange information to assist in monitoring the implementation of this Agreement as it relates to SMEs;
(b) consider any other matter pertaining to SMEs, including any issues raised by SMEs regarding their ability to benefit from this Agreement; and
(c) facilitate provision of recommendations to the Inclusive Trade Sub- Committee, as necessary.
Article 24.6. Obligations In the Agreement That Benefit SMEs
The Parties recognise that in addition to the provisions in this Chapter, there are provisions in other Chapters of this Agreement that seek to enhance cooperation among the Parties on SME issues or that otherwise may be of particular benefit to SMEs. These include:
(a) Chapter 2 (National Treatment and Market Access for Goods);
(b) Chapter 3 (Rules of Origin and Origin Procedures).
(c) Chapter 4 (Customs Procedures and Trade Facilitation);
(d) Chapter 9 (Cross-Border Trade in Services);
(e) Chapter 15 (Digital Trade);
(f) Chapter 16 (Government Procurement); and
(g) Chapter 17 (Intellectual Property).
(g) Chapter 17 (Intellectual Property).
Article 24.7. 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 25. TRADE AND GENDER EQUALITY
Article 25.1. Maori Terminology
For the purposes of this Chapter:
"wahine Maori" refers to indigenous women of New Zealand.
Article 25.2. Objectives
1. The Parties affirm their intention to implement the provisions of this Agreement in a manner that advances women's economic empowerment and promotes gender equality. In addition to this Chapter, other Chapters of this Agreement contain Articles which seek explicitly to advance this objective, including:
(a) Article 10.4 (Development of Measures - Domestic Regulation);
(b) Article 11.11 (Transparency â Financial Services) and Article 11.13 (Diversity in Finance - Financial Services);
(c) Article 15.20 (Digital Inclusion - Digital Trade);
(d) Article 16.22 (Working Group on Government Procurement - Government Procurement);
(e) Article 23.8 (Non-Discrimination and Gender Equality in the Workplace - Trade and Labour);
(f) Article 24.3 (Cooperation to Increase Trade and Investment Opportunities for SMEs - Small and Medium-Sized Enterprises); and
(g) Article 27.1 (General Provisions - Trade and Development).
2. The Parties acknowledge the key role that gender-responsive policies can play in achieving inclusive economic growth and sustainable development. Gender-responsive polices aim to ensure that the benefits of economic growth are more broadly shared by:
(a) recognising the systemic barriers that affect women in trade and investment and in accessing finance; and
(b) providing equal rights and access to opportunities for the participation of women in business, industry, and the labour market.
The Parties affirm the importance of promoting gender equality policies and practices and building the capacity of the Parties in this area, including in non-government sectors, to eliminate all forms of gender-based discrimination in trade.
The Parties acknowledge the benefit of sharing their respective experiences in designing, implementing, monitoring, evaluating, and strengthening policies and programmes to address the systemic barriers which exist for women in international trade, and prevent them from participating equitably in global, regional, or domestic economies.
Article 25.3. General Commitments
1. The Parties agree to advance women's economic empowerment across this Agreement and promote the importance of a gender perspective in the Parties' trade and investment relationship.
2. The Parties shall implement and enforce their respective laws, policies, practices, and regulations that promote gender equality and improve women's access to trade and economic opportunities.
3. The Parties shall take steps towards increasing women's participation in trade and investment, including by identifying the range of barriers that limit opportunities for women in the economy, to enable the delivery of evidence-based interventions in response.
4. Each Party shall promote public awareness of its gender equality laws, regulations, policies, and practices relating to trade, including by making them publicly available.
5. The Parties acknowledge that it is inappropriate to waive, or otherwise derogate from, their gender equality laws to encourage trade or investment.
Article 25.4. International Instruments
1. The Parties affirm their commitment to implement the obligations under the Convention on the Elimination of All Forms of Discrimination against Women done at New York City on 18 December 1979, and acknowledge the general recommendations made under its Committee.
2. The Parties affirm the objectives of the Joint Declaration on Trade and Women's Economic Empowerment done at Buenos Aires on 12 December 2017, including acknowledgment of the need to develop evidence-based interventions to address the barriers that limit opportunities for women in the economy.
3. The Parties recognise that inclusive trade policies can contribute to advancing women's economic empowerment and gender equality in line with Sustainable Development Goal 5 of the UN 2030 Agenda on Sustainable Development adopted by the UN General Assembly Resolution 70/1 on 25 September 2015. The Parties acknowledge the important contribution by women to economic growth through their participation in economic activity, including international trade, the labour market, business leadership, and entrepreneurship.
4. The Parties also affirm their commitment to implement the obligations under any other international agreement or instrument addressing women's rights or gender equality to which they are party.
Article 25.5. Cooperation
1. The Parties recognise the importance of strengthening their trade relations and cooperation in the implementation of this Agreement, and shall carry out cooperation activities with the aim of enhancing the ability of women including workers, entrepreneurs, businesswomen and business owners, and wahine Maori in the case of New Zealand, to fully access and benefit from the opportunities created under this Agreement. These activities shall be carried out in a transparent manner, as appropriate with the inclusive participation of women.
2. Cooperation activities shall be carried out on issues determined by the Parties, through the interaction and coordination, as appropriate, with their respective government agencies, private companies, labour unions, civil society, academic institutions, and non-governmental organisations, among others, and with the participation of Maori in the case of New Zealand.
3. Areas of cooperation may include:
(a) developing programmes to promote women's full and equal participation, empowerment, and advancement in society by encouraging, valuing, and recognising women's unpaid care work, capacity building, and skills enhancement including at work, in business, and at senior levels in all sectors of society (such as on public and private boards), insofar as doing so is related to trade;
(b) improving women's access, participation, leadership, and education, in particular in fields in which they are underrepresented such as science, technology, engineering, mathematics (STEM), as well as innovation, e-commerce, and any other field as it relates to trade;
(c) advancing the development of women's leadership and business networks;
(d) promoting business development services for women to improve women's digital skills and access to online business tools;
(e) promoting financial inclusion and literacy, access to relevant financing, and financial assistance;
(f) developing trade missions for businesswomen and women entrepreneurs;
(g) enhancing women entrepreneurs' participation in government procurement markets;
(h) fostering women's entrepreneurship, including activities to promote the internationalisation of SMEs led by women;
(i) promoting equal opportunities for women in the workplace, including workplace flexibility;
(j) advancing care policies and programmes with a gender and shared social responsibility perspective including parenting and other family co-responsibilities;
(k) supporting economic opportunities for diverse groups of women in trade and investment;
(l) in the case of New Zealand, providing opportunities for wahine Maori to engage in trade activities including with a Te Ao Maori framework; (1)
(m) collaborating in international and multilateral fora, including at the OECD, WTO, and with developing countries as appropriate to advance trade and gender equality issues and understanding;