(ii) "CPC" means the Provisional Central Product Classification (Statistical Papers, Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991);
(d) "Obligations Concerned" specifies the obligations referred to in paragraph 1 that, pursuant to Article 9.8 (Non-Conforming Measures - Cross-Border Trade in Services) and Article 14.10 (Non- Conforming Measures - Investment), do not apply to the sectors, sub- sectors, or activities listed in the entry;
(e) "Description" sets out the scope or nature of the sectors, sub-sectors, or activities covered by the entry to which the reservation applies; and
(f) "Existing Measures", where specified, identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sectors, sub-sectors, or activities covered by the entry.
3. In accordance with Article 9.8 (Non-Conforming Measures - Cross-Border Trade in Services) and Article 14.10 (Non-Conforming Measures - Investment), the Articles specified in the "Obligations Concerned" element of an entry do not apply to the sectors, sub-sectors, and activities identified in the "Description" element of that entry.
4. In the event of an inconsistency in relation to the interpretation of a Schedule entry, the "Description" element shall prevail to the extent of the inconsistency.
5. The list of entries below does not include measures relating to qualification requirements and procedures, technical standards, authorisation requirements, and licensing requirements and procedures where they do not constitute a limitation within the meaning of Article 9.4 (Market Access - Cross-Border Trade in Services), Article 9.5 (National Treatment - Cross- Border Trade in Services), Article 9.7 (Local Presence - Cross-Border Trade in Services), Article 14.5 (Market Access - Investment), or Article 14.6 (National Treatment - Investment). These measures may include, in particular, the need to obtain a licence, to satisfy universal service obligations, to have recognised qualifications in regulated sectors, to have completed a recognised period of training, to pass specific examinations, including language examinations, to fulfil a membership requirement of a particular profession, such as membership in a professional organisation, to have a local agent for service, or to maintain a local address, or any non- discriminatory requirements that certain activities may not be carried out in protected zones or areas. While not listed, such measures continue to apply.
6. For greater certainty, non-discriminatory measures do not constitute a market access limitation within the meaning of Article 9.4 (Market Access - Cross- Border Trade in Services) or Article 14.5 (Market Access - Investment) for any measure:
(a) requiring the separation of the ownership of infrastructure from the ownership of the goods or services provided through that infrastructure to ensure fair competition, for example in the fields of energy, transportation, and telecommunications;
(b) restricting the concentration of ownership to ensure fair competition;
(c) seeking to ensure the conservation and protection of natural resources and the environment (including with respect to climate change), including a limitation on the availability, number, and scope of concessions granted, and the imposition of a moratorium or ban;
(d) limiting the number of authorisations granted because of technical or physical constraints, for example telecommunications spectra and frequencies; or
(e) requiring that a certain percentage of the shareholders, owners, partners, or directors of an enterprise be qualified or practise a certain profession such as lawyers or accountants.
7. A Party's entry for a requirement to have a local presence in the territory of that Party is made against Article 9.7 (Local Presence - Cross-Border Trade in Services), and not against Article 9.4 (Market Access - Cross-Border Trade in Services) or Article 9.5 (National Treatment - Cross-Border Trade in Services).
8. With respect to computer services, any of the following services shall be considered as "computer and related services", regardless of whether they are delivered via a network, including the Internet:
(a) consulting, adaptation, strategy, analysis, planning, specification, design, development, installation, implementation, integration, testing, debugging, updating, support, technical assistance, or management of or for computers or computer systems;
(b) computer programmes defined as the sets of instructions required to make computers work and communicate (in and of themselves), as well as consulting, strategy, analysis, planning, specification, design, development, installation, implementation, integration, testing, debugging, updating, adaptation, maintenance, support, technical assistance, management, or use of or for computer programmes;
(c) data processing, data storage, data hosting, or database services;
(d) maintenance and repair services for office machinery and equipment, including computers; and
(e) training services for staff of clients, related to computer programmes, computers, or computer systems, and not elsewhere classified.
For greater certainty, services enabled by computer and related services, other than those listed in subparagraphs (a) to (e), shall not be regarded as "computer and related services" in themselves.
9. With respect to Annex II entries on Most-Favoured-Nation Treatment relating to bilateral or multilateral international agreements, the absence of language regarding the scope of the reservation for differential treatment resulting from an amendment of those bilateral or multilateral international agreements in force or signed prior to the date of entry into force of this Agreement is without prejudice to each Party's respective interpretation of the scope of that reservation.
Annex II. Schedule of New Zealand
Entry No. II-1
Sector: All Sectors
Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Most-Favoured-Nation Treatment (Cross-Border Trade in Services) Local Presence (Cross-Border Trade in Services) Performance Requirements (Investment) Senior Management and Boards of Directors (Investment) Market Access (Cross-Border Trade in Services and Investment
Description: Cross-Border Trade in Services and Investment
New Zealand reserves the right to adopt or maintain any measure with respect to:
(a) the provision of public law enforcement and correctional services; and
(b) the following, to the extent that they are social services established for a public purpose:
(i) childcare;
(ii) health;
(iii) income security and insurance; (iv) public education;
(v) public housing;
(vi) public training;
(vii) public transport;
(viii) public utilities;
(ix) refuse disposal;
(x) sanitation;
(xi) waste water management;
(xii) sewage;
(xiii) waste management;
(xiv) social security and insurance; and
(xv) social welfare.
Entry No. II-2
Sector: Financial Services
Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment) Local Presence (Cross-Border Trade in Services) Performance Requirements (Investment) Senior Management and Boards of Directors (Investment)
Description: Cross-Border Trade in Services and Investment
New Zealand reserves the right to adopt or maintain any measure with respect to the supply of:
(a) compulsory social insurance for personal injury caused by accident, work related gradual process disease and infection, and treatment injury; and
(b) disaster insurance for residential property for replacement cover up to a defined statutory maximum.
Existing Measures: Accident Compensation Act 2001 Earthquake Commission Act 1993
Entry No. II-3
Sector: All Sectors
Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Local Presence (Cross-Border Trade in Services) Senior Management and Boards of Directors (Investment) Market Access (Cross-Border Trade in Services and Investment)
Description: Cross-Border Trade in Services and Investment
New Zealand reserves the right to adopt or maintain any measure with respect to water, including the allocation, collection, treatment, and distribution of drinking water.
Entry No. II-4
Sector: All Sectors
Obligations Concerned National Treatment (Cross-Border Trade in Services and Investment) Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment) Local Presence (Cross-Border Trade in Services) Performance Requirements (Investment) Senior Management and Boards of Directors (Investment) Market Access (Cross-Border Trade in Services and Investment)
Description Cross-Border Trade in Services and Investment
New Zealand reserves the right to adopt and maintain any measure solely as part of the act of devolving a service that is provided in the exercise of governmental authority at the date of entry into force of this Agreement. Such measures may include:
(a) restricting the number of service suppliers;
(b) allowing an enterprise, wholly or majority owned by the Government of New Zealand, to be the sole service supplier or one amongst a
limited number of service suppliers;
(c) imposing restrictions on the composition of senior management and boards of directors;
(d) requiring local presence; and
(e) specifying the juridical form of the service supplier.
Entry No. II-5
Sector: All Sectors
Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment) Performance Requirements (Investment) Senior Management and Boards of Directors (Investment) Market Access (Cross-Border Trade in Services and Investment)
Description: Cross-Border Trade in Services and Investment
Where the New Zealand Government wholly owns or has effective control over an enterprise, then New Zealand reserves the right to adopt or maintain any measures regarding the sale of any shares in that enterprise or any assets of that enterprise to any person, including according more favourable treatment to New Zealand nationals.
Entry No. II-6
Sector: All Sectors
Obligations Concerned: National Treatment (Investment) Market Access (Investment) Performance Requirements (Investment) Senior Management and Boards of Directors (Investment)
Description: Investment
New Zealand reserves the right to adopt or maintain any measure that sets out the approval criteria to be applied to the categories of overseas investment that require approval under New Zealand’s overseas investment regime.
For the purposes of transparency, those categories, as set out in Entry No. I-7 are:
(a) acquisition or control by non-government sources of 25 per cent or more of any class of shares (1) or voting power (2) in a New Zealand entity where either the consideration for the transfer or the value of the assets exceeds NZ$200 million;
(b) commencement of business operations or acquisition of an existing business by nongovernment sources, including business assets, in New Zealand, where the total expenditures to be incurred in setting up or acquiring that business or those assets exceed NZ$200 million;
(c) acquisition or control by government sources of 25 per cent or more of any class of shares (3) or voting power (4) in a New Zealand entity where either the consideration for the transfer or the value of the assets exceeds NZ$100 million;
(d) commencement of business operations or acquisition of an existing business by government sources, including business assets, in New Zealand, where the total expenditures to be incurred in setting up or acquiring that business or those assets exceed NZ$100 million;
(e) acquisition or control, regardless of dollar value, of certain categories of land that are regarded as sensitive or require specific approval according to New Zealand’s overseas investment legislation; and
(f) any transaction, regardless of dollar value, that would result in an overseas investment in fishing quota.
Existing Measures: Overseas Investment Act 2005; Fisheries Act 1996; Overseas Investment Regulations 2005
Entry No. II-7
Sector: All Sectors
Obligations Concerned: Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment)
Description: Cross-Border Trade in Services and Investment
New Zealand reserves the right to adopt or maintain any measure that accords differential treatment to a Party or a non-party under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.
New Zealand reserves the right to adopt or maintain any measure that accords differential treatment to a Party or a non-party under any international agreement in force or signed after the date of entry into force of this Agreement involving:
(a) aviation;
(b) fisheries; and
(c) maritime matters.
Entry No. II-8
Sector: All Sectors
Obligations Concerned: Most-Favoured-Nation Treatment (Cross-Border Trade in Services and Investment)
Description: Cross-Border Trade in Services and Investment
New Zealand reserves the right to adopt or maintain any measure taken as part of a wider process of economic integration or trade liberalisation between the parties to the Australia New Zealand Closer Economic Relations Trade Agreement (ANZCERTA) or the Pacific Agreement on Closer Economic Relations (PACER) that accords differential treatment to a non-party. (5)
Description: Investment
New Zealand reserves the right to adopt or maintain any measure that sets out the approval criteria to be applied to the categories of overseas investment that require approval under New Zealand's overseas investment
Entry No. II-9
Sector: All Sectors
Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Local Presence (Cross-Border Trade in Services )
Description: Cross-Border Trade in Services and Investment
New Zealand reserves the right to adopt or maintain any measure regarding the control, management, or use of:
(a) protected areas, being areas established under and subject to the control of legislation, including resources on land, interests in land or water, that are set up for heritage management purposes (both historic and natural heritage), public recreation, and scenery preservation; or
(b) species owned under enactments by the Crown or that are protected by or under an enactment.
Existing Measures: Conservation Act 1987 and the enactments listed in: schedule 1 of the Conservation Act 1987; Resource Management Act 1991; Local Government Act 1974.
Entry No. II-10
Sector: All Sectors
Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Senior Management and Boards of Directors (Investment) Market Access (Cross-Border Trade in Services and Investment)
Description: Cross-Border Trade in Services and Investment
New Zealand reserves the right to adopt or maintain any measure including nationality or residency measures in relation to:
(a) animal welfare; and
(b) the preservation of plant, animal and human life and health; including in particular:
(i) food safety of domestic and exported foods; (ii) animal feeds;
(iii) food standards;
(iv) biosecurity;
(v) biodiversity; and
(vi) certification of the plant or animal health status of goods.
Nothing in this reservation shall be construed to derogate from the obligations of Chapter 5 (Sanitary and Phytosanitary Measures), or the obligations of the Agreement on the Application of Sanitary and Phytosanitary Measures in Annex 1A to the WTO Agreement or the Sanitary Agreement.
Nothing in this reservation shall be construed to derogate from the obligations of Chapter 7 (Technical Barriers to Trade), or the obligations of the Agreement on Technical Barriers to Trade in Annex 1A to the WTO Agreement.
The reservation with respect to Market Access (Investment) only relates to the supply of a service via commercial presence.
Entry No. II-11
Sector: All Sectors
Obligations Concerned: National Treatment (Cross-Border Trade in Services and Investment) Performance Requirements (Investment) Senior Management and Boards of Directors (Investment) Market Access (Cross-Border Trade in Services and Investment)
Description: Cross-Border Trade in Services and Investment
New Zealand reserves the right to maintain or adopt any measure made by or under an enactment in respect of the foreshore and seabed, internal waters as defined in international law (including the beds, subsoil, and margins of such internal waters), territorial sea, the Exclusive Economic Zone, and the continental shelf, including for the issuance of maritime concessions in the continental shelf.
Existing Measures: Resource Management Act 1991; Marine and Coastal Area (Takutai Moana) Act 2011 Continental Shelf Act 1964; Crown Minerals Act 1991; EEZ and Continental Shelf (Environmental Effects) Act 2012
Entry No. II-12
Sector: Business Services Fire Services