New Zealand - United Kingdom FTA (2022)
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4. The panel shall notify its decision, together with the reasons therefor, to the Parties within 40 days of the date of the request.

5. The reasonable period of time, where determined by the panel, shall not exceed 15 months from the date of issuance of the final report to the Parties. However, that time may be shorter, depending upon the particular circumstances of the dispute. The length of the reasonable period of time may be extended by mutual agreement of the Parties.

(2) For greater certainty, references in this Chapter to the original panel shall include any replacement arbitrators that have been designated pursuant to Part XIV of the Rules of Procedure.

Article 31.14. Compliance Review

1. The responding Party shall, no later than the date of expiry of the reasonable period of time determined pursuant to Article 31.13 (Compliance with the Final Report), notify the complaining Party of any measures taken to comply with the final report.

2. Where there is disagreement as to the existence or consistency with this Agreement of measures taken to comply with the final report, the complaining Party may request, no later than 20 days after the responding Party's notification under paragraph 1, the original panel to examine the matter.

3. The request referred to in paragraph 2 shall identify the issues with any measures taken to comply and the legal basis for the complaint, including, where relevant, the provisions of this Agreement alleged to have been breached and to be addressed by the panel, sufficient to present the problem clearly.

4. The panel shall provide its compliance report to the Parties no later than 90 days after the date of referral of the matter.

5. In exceptional cases, if the panel considers that it cannot provide its compliance report within the time period specified in paragraph 4, it shall inform the Parties in writing of the reasons for the delay together with an estimate of when it will issue its report. The panel shall not exceed an additional period of 30 days.

Article 31.15. Temporary Remedies In Case of Non-Compliance

1. If: 

(a) the responding Party fails to notify any measure taken to comply with the final report no later than the date of expiry of the reasonable period of time determined pursuant to Article 31.13 (Compliance with the Final Report);

(b) the responding Party notifies the complaining Party in writing that it does not intend to comply with the final report, or that it is impracticable to do so within the reasonable period of time determined pursuant to Article 31.13 (Compliance with the Final Report); or

(c) the panel finds, pursuant to Article 31.14 (Compliance Review), that compliance with the final report has not been achieved or that the measure taken to comply is inconsistent with this Agreement,

the responding Party shall, if requested by the complaining Party, enter into consultations with the complaining Party with a view to agreeing on mutually acceptable compensation.

2. If, in any of the circumstances set out in subparagraphs 1(a) to 1(c), the complaining Party chooses not to request consultations or the Parties do not agree on compensation within 20 days of entering into consultations on compensation, the complaining Party may notify the responding Party in writing that it intends to suspend the application of concessions or other obligations under this Agreement.

3. A notification made pursuant to paragraph 2 shall specify the level of intended suspension of concessions or other obligations, which shall be equivalent to the level of nullification or impairment that is caused by the failure of the responding Party to comply with the final report.

4. In considering what concessions or other obligations to suspend under paragraph 2, the complaining Party shall apply the following principles and procedures:

(a) the general principle is that the complaining Party should first seek to suspend concessions or other obligations in the same sector or sectors as that in which the panel has found an inconsistency with this Agreement or to have caused nullification or impairment;

(b) if it considers that it is not practicable or effective to suspend concessions or other obligations in the same sector or sectors, it may seek to suspend concessions or other obligations in other sectors. In the written notice referred to in paragraph 2, the complaining Party shall indicate the reasons on which its decision to suspend concessions or other obligations in a different sector is based; and

(c) it shall only suspend concessions or other obligations that are subject to dispute settlement in accordance with Article 31.4 (Scope).

5. The complaining Party shall have the right to implement the suspension of concessions or other obligations 20 days after the date on which it provides notice under paragraph 2, unless the responding Party has requested the original panel to examine the matter pursuant to paragraphs 6 and 7.

6. If the responding Party considers that the intended level of suspension of concessions or other obligations is not equivalent to the nullification or impairment or that the complaining Party has failed to follow the principles and procedures set out in paragraph 4, it may request in writing, no later than 10 days after the date of receipt of the notification referred to in paragraph 2, the original panel to examine the matter. The panel shall notify its decision to the Parties no later than 90 days after the date of the request. In exceptional cases, if the panel considers that it cannot notify its decision within 90 days, it shall inform the Parties in writing of the reasons for the delay together with an estimate of when it will issue its decision. The panel shall not exceed an additional period of 30 days. Concessions or other obligations shall not be suspended until the panel has notified its decision. Any suspension of concessions or other obligations shall be consistent with the panel’s decision.

7. The panel, acting pursuant to paragraph 6, shall not examine the nature of the concessions or other obligations to be suspended, but shall determine whether the level of that suspension is equivalent to the level of nullification or impairment. The panel may also determine if the proposed suspension of concessions or other obligations is allowed under this Agreement. However, if the matter referred pursuant to paragraph 6 includes a claim that the principles and procedures set forth in paragraph 4 have not been followed, the panel shall examine that claim.

8. Any compensation or suspension of concessions or other obligations shall be temporary and shall only be applied until such time as the responding Party is found, pursuant to Article 31.16 (Compliance Review After the Adoption of Temporary Remedies), to have complied with the final report, or until the Parties have reached a mutually agreed solution. None of these measures is preferred to full compliance with the final report.

Article 31.16. Compliance Review after the Adoption of Temporary Remedies

1. On notification by the responding Party to the complaining Party of the measures taken to comply with the final report and the complaining Party confirming, within 30 days of the notification, that the measures taken achieve compliance:

(a) in a situation where the right to suspend concessions or other obligations has been exercised by the complaining Party in accordance with Article 31.15 (Temporary Remedies in Case of Non- Compliance), the complaining Party shall terminate the suspension of concessions or other obligations no later than 30 days after the date the complaining Party confirms it agrees that the final report has been complied with; or

(b) in a situation where mutually acceptable compensation has been agreed, the responding Party shall terminate the application of that compensation no later than 30 days after the date the complaining Party confirms it agrees that the final report has been complied with.

2. If the Parties do not reach an agreement on whether the measures notified in accordance with paragraph 1 achieve compliance with the final report or are consistent with this Agreement within 30 days of the date of notification by the responding Party of the measures taken to comply with the report, a Party may request in writing the original panel to examine the matter.

3. The panel shall notify its decision to the Parties within 90 days of the date of the request. In exceptional cases, if the panel considers that it cannot notify its decision within this timeframe, it shall inform the Parties in writing of the reasons for the delay together with an estimate of when it will issue its decision. The panel shall not exceed a further period of 30 days.

4. If the panel decides that the measures notified in accordance with paragraph 1 achieve compliance with the final report or are consistent with this Agreement, the suspension of concessions or other obligations, or the application of the compensation, shall be terminated no later than 30 days after the date of the decision. If the panel decides that the measures notified in accordance with paragraph 1 do not achieve compliance with the final report or are inconsistent with this Agreement, the suspension of concessions or other obligations, or the application of the compensation, may continue. Where relevant, the level of suspension of concessions or other obligations, or of the compensation, shall be adapted in light of the decision of the panel.

Article 31.17. Administration of the Dispute Settlement Procedure

1. Each Party shall:

(a) designate an office that shall be the Party's point of contact, and which shall be responsible for providing administrative assistance to panels established under Article 31.6 (Establishment of a Panel); and

(b) notify the other Party of the location of its designated office by the date of entry into force of this Agreement.

2. Notwithstanding paragraph 1, the Parties may agree to jointly entrust an external body with providing support for certain administrative tasks for the dispute settlement procedure under this Chapter.

Article 31.18. Choice of Forum

1. Subject to paragraph 3, this Chapter is without prejudice to the rights of the Parties to have recourse to dispute settlement procedures available under any other international agreement to which both Parties are party, including the WTO Agreement.

2. If a dispute regarding the same matter arises under this Agreement and under another international agreement to which both Parties are party, the complaining Party may select the forum in which to settle the dispute.

3. Once a Party has selected the forum and initiated dispute settlement proceedings under this Chapter or under the other international agreement with respect to the particular matter referred to in paragraph 2, that Party shall not initiate dispute settlement proceedings in another forum with respect to that matter unless the forum selected first fails to make findings on the issues in dispute for jurisdictional or procedural reasons.

4. For the purposes of paragraph 3, the complaining Party shall be deemed to have selected the forum when it has requested the establishment of a panel under this Agreement, or the other international agreement or, where panel procedures are not provided for, when a Party commences a dispute under the dispute settlement procedures in the relevant international agreement.

Article 31.19. Cases of Urgency

1. Cases of urgency means those cases which concern goods that rapidly lose their quality or commercial value in a short period of time.

2. If the Parties disagree on whether a dispute concerns a case of urgency, on the request of a Party, the panel shall decide, within 15 days of the request, whether a dispute concerns a case of urgency.

Article 31.20. Good Offices, Conciliation, and Mediation

1. The Parties may at any time agree to voluntarily undertake good offices, conciliation, or mediation. These procedures may begin at any time? and may be terminated at any time (3) by a Party.

2. If the Parties agree, procedures for good offices, conciliation, or mediation may continue while the dispute proceeds for resolution before a panel.

3. Procedures that involve good offices, conciliation, or mediation and in particular positions taken by the Parties during these procedures shall be confidential and without prejudice to the rights of a Party in any further or other proceedings.

(3) For greater certainty, this includes both before, during, and after a request for consultations is made pursuant to Article 31.5 (Consultations).

Article 31.21. Mutually Agreed Solution

1. The Parties may reach a mutually agreed solution at any time with respect to any dispute referred to in Article 31.4 (Scope).

2. No later than the date of expiry of the agreed time period, the implementing Party shall inform the other Party in writing of any measures taken to implement the mutually agreed solution.

Article 31.22. Suspension and Termination of Proceedings

1. On the joint request of the Parties, the panel shall suspend the proceedings at any time for a period agreed by the Parties not exceeding 18 consecutive months from the date of that agreement. In the event of that suspension, the relevant time periods shall be extended by the time period for which the panel proceedings were suspended.

2. The panel shall resume the proceedings at any time on the joint request of the Parties or at the end of the agreed suspension period on the written request of a Party. The request shall be notified to the panel, as well as to the other Party, where applicable.

3. If the panel proceedings have been suspended for more than 18 consecutive months, the authority of the panel shall lapse and the panel proceedings shall be terminated, unless the Parties agree otherwise.

4. The Parties may agree at any time to terminate the panel proceedings. The Parties shall jointly notify that agreement to the panel.

Article 31.23. Rules of Procedure and Code of Conduct

The proceedings provided for in this Chapter shall be conducted in accordance with the Rules of Procedure and the Code of Conduct, unless the Parties agree otherwise.

Article 31.24. Time Periods

Any time period referred to in this Chapter, the Rules of Procedure, or the Code of Conduct may be modified for a dispute by agreement of the Parties. The panel may at any time propose to the Parties to modify any time period, stating the reasons for the proposal.

Article 31.25. Expenses

Each Party shall bear the cost of its own participation in the proceeding. Remuneration and payment of expenses will be in accordance with the Rules of Procedure.

Annex 31 A. RULES OF PROCEDURE

I. General Provision

1. In the event of an inconsistency between these Rules of Procedure and any provisions in Chapter 31 (Dispute Settlement), the provisions of Chapter 31 (Dispute Settlement) shall prevail to the extent of the inconsistency. 

II. Notifications

2. Any written submission, request, notice, or other document in a proceeding transmitted by:

(a) the panel shall be sent to both Parties at the same time;

(b) a Party to the panel shall be copied to the other Party at the same time; and

(c) a Party to the other Party shall be copied to the panel at the same time.

3. The notification to a Party of any document under Chapter 31 (Dispute Settlement), these Rules of Procedure or the Code of Conduct shall be addressed to that Party’s designated office.

4. Any notification referred to under Rules 2 and 3 shall be made by e-mail or, where appropriate, any other means of telecommunication that provides a record of its sending. Unless proven otherwise, an e-mail message shall be deemed to be received on the same date of its sending. The date of sending shall be determined according to the time zone in the capital city of the sending Party.

5. If the last day for delivery of a document falls on a non-business day of a Party, or on any other day on which the offices of the Government of a Party are officially or by force majeure closed, the document may be delivered on the next business day.

6. Minor errors of a clerical nature in any written submission, request, notice, or other document related to the proceeding may be corrected by delivering a new document clearly indicating the changes. Any such correction shall not affect the timetable for the proceeding. Any disagreement regarding whether or not the correction is of a clerical nature shall be resolved by the panel after consulting the Parties.

III. Organisational Meeting

7. Unless the Parties agree otherwise, they shall meet with the panel within seven days of the establishment of the panel in order to determine such matters that the Parties or the panel deem appropriate, including:

(a) the remuneration and expenses that shall be paid to the arbitrators and their assistants, in accordance with Part XV (Remuneration and Payment of Expenses) below; and

(b) the timetable for the proceeding, setting forth inter alia precise dates for the filing of submissions and the date of the oral hearing.

8. Unless the Parties agree otherwise, this meeting shall not be required to be in person and can be conducted by any means, including video-conference, teleconference, or computer links.

IV. Timetable

9. Unless otherwise agreed by the Parties, the panel may, in consultation with the Parties, modify any time period established pursuant to these Rules of Procedure and make such other procedural or administrative adjustments as may be required in the proceeding.

V. Written Submissions

10. Subject to Rule 7(b), the complaining Party shall deliver its initial written submission to the panel no later than 20 days after the establishment of the panel. The responding Party shall deliver its written counter-submission no later than 28 days after the date of receipt of the initial written submission.

11. With the agreement of the panel, within 10 days of the conclusion of a hearing, each Party may deliver to the panel and the other Party a supplementary written submission responding to any matter that arose during the hearing.

VI. Operation of the Panel

12. The chair of the panel shall preside at all of its meetings. The panel may delegate to the chair authority to make administrative and procedural decisions.

13. Except as otherwise provided in these Rules of Procedure, the panel may conduct its activities by any means, including e-mail, telephone, videoconference, facsimile transmissions, or computer links.

14. The panel’s deliberations shall be confidential. Only arbitrators may take part in the deliberations of the panel, but the panel may permit assistants or designated note-takers to be present during such deliberations.

15. The drafting of any report or decision shall remain the exclusive responsibility of the panel and must not be delegated.

VII. Hearings

16. In accordance with Rule 7, the chair shall fix the time of the hearing in consultation with the Parties and other members of the Panel. The chair shall notify the Parties in writing of the details of the hearing including the date, time, and location. (1) Unless a Party disagrees, the Panel may decide not to convene a hearing.

(1) For greater certainty, hearings may be held in person or by virtual means.

17. Unless the Parties agree otherwise, the hearing shall be hosted by the responding Party. The responding Party shall be responsible for the logistical administration of the hearing, in particular the organisation of the venue, unless otherwise agreed.

18. No later than five days before the date of a hearing, each Party shall deliver to the panel and the other Party a list of the names of their representatives, advisers, or other delegates who will be attending the hearing.

19. The panel shall conduct the hearing in the following manner, setting time limits to ensure that it affords comparable time to the complaining Party and responding Party:

Argument:

(a) Opening oral statement and argument of the complaining Party; and

(b) Opening oral statement and argument of the responding Party;

Rebuttal Argument:

(a) Reply of the complaining Party; and

(b) Counter-reply of the responding Party;

Closing statement:

(a) Closing oral statement of the complaining Party; and

(b) Closing oral statement of the responding Party.

20. Each Party shall make available to the panel and to the other Party written versions of their oral statements within 10 days of the conclusion of the hearing.

21. The panel may direct questions to a Party at any time during the hearing. The panel may request, on its own initiative or at the request of a Party, that a Party make available documents or other information relevant to the dispute that are within its control or it is able to obtain by reasonable means, and may draw adverse inferences from a failure to comply with such request.

22. The panel shall arrange for a transcript of the hearing to be prepared and delivered to the Parties as soon as possible after the hearing. A Party may comment on the transcript and the panel may consider those comments.

23. The panel may convene additional hearings if the Parties so agree.

24. All arbitrators shall be present at all hearings. (2) If a replacement arbitrator has been selected after a hearing has occurred but before the panel’s report is published, the panel may hold a new hearing if a Party requests, or if the panel considers a new hearing to be appropriate.

(2) Except where, in accordance with paragraph 7 of Article 31.7 (Composition of a Panel), a panel comprises only of the chair of the original panel.

25. Unless the Parties agree otherwise, all hearings of the panel shall be open for the public to observe, (3) except that the panel shall close the hearing for the duration of any discussion of confidential information. Attendance in the hearing room shall be limited to approved persons.

(3) The expression “open for the public to observe” does not mean physical presence at the hearing. To facilitate public observation of a hearing, that hearing may be transmitted electronically to the public at the time of the hearing or at a later date.

VIII. Questions of the Panel

26. The panel may at any time during the proceeding address questions in writing to a Party or both Parties. In the event that the panel addresses questions to one Party only, the panel shall provide a copy of the written questions to the other Party.

27. A Party to whom the panel addresses questions shall deliver a copy of any reply to the other Party and to the panel in accordance with the timetable established by the panel. The other Party shall be given the opportunity to provide comments on the reply.

IX. No Ex Parte Communications

28. The panel shall not meet or contact a Party in the absence of the other Party.

29. Neither Party shall meet or contact any arbitrator in relation to the dispute in the absence of the other Party.

30. No arbitrator shall discuss any aspect of the subject matter of the proceeding with a Party in the absence of the other Party or the other arbitrators.

X. Amicus Curiae Submissions

31. The panel shall have the authority to accept and consider amicus curiae submissions from interested persons and non-governmental entities, unless the Parties agree otherwise.

32. Any such submissions shall:

(a) be made within 14 days of the provision of public notice pursuant to Rule 36;

(b) be concise and in no case longer than 15 typed pages, including any annexes; and

(c) be directly relevant to the factual or legal issues under consideration by the panel.

33. The submission shall contain a description of the person, whether natural or legal, making the submission, including their nationality or place of establishment, the nature of their activities and the source of their financing, and specify the nature of their interest in the panel proceeding.

34. The panel shall promptly provide to the Parties for comment copies of any amicus curiae submissions it receives. Comments of a Party must be submitted to the panel within 10 days of receiving a copy of an amicus curiae submission from the panel.

35. The panel shall list in its report all the amicus curiae submissions that it has received but shall not be obliged to address the factual or legal arguments made in such submissions. The panel shall take into account any comments made by a Party pursuant to Rule 34.

36. To facilitate the submission of amicus curiae submissions, each Party shall, within five days of the date of the organisational meeting, provide public notice of:

(a) the establishment of the panel;

(b) the opportunity for interested persons and non-governmental entities to submit amicus curiae submissions; and

(c) the procedures and requirements for making such submissions, consistent with Rule 32.

XI. Technical Advice

37. On the request of a Party, or on its own initiative, the panel may seek information or technical advice from any expert that it deems appropriate. Any information or technical advice so obtained shall be submitted to the Parties for comment. Where the panel takes the information or technical advice into account in the preparation of its report, it shall also take into account any comments by the Parties on the information or technical advice.

38. The panel shall consult the Parties to determine whether the information or technical advice should be sought, and from which expert it should be sought.

39. A Party may, after consulting with the other Party, designate a report obtained under Rule 37, or any part of it, as confidential information.

40. Any expert selected under Rule 37 shall be subject to the provisions of Section H (Responsibilities of Experts, Assistants, Staff, and ADR Providers) of the Code of Conduct.

XII. Treatment of Confidential Information

41. Rules 42 to 45 and Appendix 31A-a (Confidential Information) shall apply to confidential information that a Party submits during consultations, proceedings, or procedures that involve good offices, conciliation, or mediation.

42. Each Party and its approved persons shall treat as confidential the information submitted by the other Party that the submitting Party has designated as confidential information. Each Party shall maintain the confidentiality of the panel’s hearings to the extent that the panel holds the hearing in closed session under Rule 25.

43. After consulting the Parties, the panel may modify or waive any part of the procedures set out in Appendix 31A-a (Confidential Information) or establish additional procedures that it considers necessary to protect confidential information.

44. Where a Party submits a confidential version of its written submissions to the panel, it shall also, on the request of the other Party, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public within 15 days of the conclusion of the hearing.

45. Nothing in these rules shall preclude a Party from disclosing statements of its own positions to the public.

XIII. Public Release of Documents

46. Subject to the protection of confidential information:

(a) a Party making a request pursuant to Article 31.5 (Consultations) or Article 31.6 (Establishment of a Panel) shall release a copy of the request to the public within seven days of making that request;

(b) each Party shall make its best efforts to release to the public any written submissions, written versions of oral statements, and written responses to requests or questions from the panel, as soon as possible after such documents are submitted to the panel and, if not already released, shall do so by the time the final report is issued to the Parties; and

(c) each Party shall release a copy of the final report to the public within 15 days after it is issued to the Parties.

  • 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