Sector: Business Services, Energy, Manufacturing, Wholesale Trade, Retail
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
New Zealand reserves the right to adopt any measure in order to prohibit, regulate, manage or control the production, use, distribution or retail of nuclear energy, including setting conditions for natural persons or juridical persons to do so.
Sector: Communication Services, Audio-visual and other Services
Obligations Concerned: Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
Description: Investment and Cross-Border Trade in Services
New Zealand reserves the right to adopt or maintain preferential co-production arrangements for film and television productions. Official co-production status, which may be granted to a co-production produced under these co-production arrangements, confers national treatment on works covered by these arrangements.
Existing Measures:
For greater transparency, section 18 of the New Zealand Film Commission Act 1978 limits Commission funding to films with a “significant New Zealand content”. This criterion is deemed to be satisfied if made pursuant to a co-production agreement or arrangement with the partner country in question.
Sector: Communication Services, Audio-visual and other Services
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Market Access (Article 10.5)
Description: Investment and Cross-Border Trade in Services
New Zealand reserves the right to adopt or maintain any measure with respect to the promotion of film and television production in New Zealand and the promotion of local content on public radio and television, and in films.
Sector: Agriculture, including services incidental to agriculture
Obligations Concerned: National Treatment (Article 9.4) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11)
Description: Investment
New Zealand reserves the right to adopt or maintain any measure with respect to:
(a) the holding of shares in the co-operative dairy company arising from the amalgamation authorised under the Dairy Industry Restructuring Act 2001 (DIRA) (or any successor body); and
(b) the disposition of assets of that company or its successor bodies.
Existing Measures: Dairy Industry Restructuring Act 2001
Sector: Agriculture, including services incidental to agriculture
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11)
Description: Investment and Cross-Border Trade in Services
New Zealand reserves the right to adopt or maintain any measure with respect to the export marketing of fresh kiwifruit to all markets other than Australia.
Existing Measures: Kiwifruit Industry Restructuring Act 1999 and Regulations
Sector: Agriculture, including services incidental to agriculture
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11)
Description: Investment and Cross-Border Trade in Services
New Zealand reserves the right to adopt or maintain any measure with respect to:
(a) specifying the terms and conditions for the establishment and operation of any government endorsed allocation scheme for the rights to the distribution of export products falling within the HS categories covered by the WTO Agreement on Agriculture to markets where tariff quotas, country-specific preferences or other measures of similar effect are in force; and
(b) the allocation of distribution rights to wholesale trade service suppliers pursuant to the establishment or operation of such an allocation scheme.
This entry is not intended to have the effect of prohibiting investment in the provision of wholesale trade and distribution services relating to goods in the HS chapters covered by the WTO Agreement on Agriculture. The entry applies in respect of investment to the extent that wholesale trade and distribution services are provided with respect to agricultural products that are subject to tariff quotas, country-specific preferences or other measures of similar effect.
Sector: Agriculture, including services incidental to agriculture
Obligations Concerned: Senior Management and Boards of Directors (Article 9.11)
Description: Investment and Cross-Border Trade in Services
New Zealand reserves the right to maintain or adopt any measure necessary to give effect to the establishment or implementation of mandatory marketing plans (also referred to as “export marketing strategies”) for the export marketing of products derived from:
(a) agriculture;
(b) beekeeping;
(c) horticulture;
(d) arboriculture;
(e) arable farming; and
(f) the farming of animals,
where there is support within the relevant industry that a mandatory collective marketing plan should be adopted or activated.
For the avoidance of doubt, mandatory marketing plans, in the context of this entry, exclude measures limiting the number of market participants or limiting the volume of exports.
Existing Measures: New Zealand Horticulture Export Authority Act 1987
Sector: Health and Social Services
Obligations Concerned: Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
Description: Investment and Cross-Border Trade in Services
New Zealand reserves the right to adopt or maintain any measure with respect to all services suppliers and investors for the supply of adoption services.
Existing Measures: Adoption Act 1955
Adoption (Inter-country) Act 1997
Sector: Recreation, Cultural and Sporting
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11)
Description: Investment and Cross-Border Trade in Services
New Zealand reserves the right to adopt or maintain any measure with respect to gambling, betting and prostitution services.
Existing Measures: Gambling Act 2003 and Regulations
Prostitution Reform Act 2003
Racing Act 2003
Racing (Harm Prevention and Minimisation) Regulations 2004
Racing (New Zealand Greyhound Racing Association Incorporated) Order 2009
Sector: Recreation, Cultural and Sporting, Library, Archive, Museum and other Cultural Services
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) Performance Requirements (Article 9.10) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
New Zealand reserves the right to adopt or maintain any measure in respect of:
(a) cultural heritage of national value, including ethnological, archaeological, historical, literary, artistic, scientific or technological heritage; as well as collections that are documented, preserved and exhibited by museums, galleries, libraries, archives and other heritage collecting institutions;
(b) public archives;
(c) library and museum services; and
(d) services for the preservation of historical or sacred sites or historical buildings.
Sector: Transport, Maritime Services
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11)
Description: Investment and Cross-Border Trade in Services
New Zealand reserves the right to adopt or maintain any measure with respect to:
(a) the carriage by sea of passengers or cargo between a port located in New Zealand and another port located in New Zealand and traffic originating and terminating in the same port in New Zealand (maritime cabotage);
(b) the establishment of registered companies for the purpose of operating a fleet under the New Zealand flag; and
(c) the registration of vessels in New Zealand.
Sector: Distribution Services
Obligations Concerned: Market Access (Article 10.5)
Description: Cross-Border Trade in Services
New Zealand reserves the right to adopt or maintain any measure for public health or social policy purposes with respect to wholesale and retail trade services of tobacco products and alcoholic beverages.
Sector: Financial Services
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
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.
Sector: All Sectors
Obligations Concerned: National Treatment (Article 9.4) Performance Requirements (Article 9.10)
Description: Investment
New Zealand reserves the right to adopt or maintain any taxation measure with respect to the sale, purchase or transfer of residential property (including interests that arise via leases, financing and profit sharing arrangements, and acquisition of interests in enterprises that own residential property).
For greater certainty, residential property does not include non-residential commercial real estate.
APPENDIX A. New Zealand
For the purposes of entry Annex II – New Zealand – 14, New Zealand’s obligations under Article XVI of GATS as set out in New Zealand’s Schedule of Specific Commitments under GATS (GATS/SC/62, GATS/SC/62 Suppl. 1, GATS/SC/62/Suppl. 2) are improved in the following sectors as described below.
| Sector/subsector | Market Access Improvement |
| BUSINESS SERVICES | |
| Professional Services | |
| Practice of foreign law, Business tax planning and consulting services, Integrated engineering services, Consultancy related to Urban Planning and Landscape Architecture (CPC 8674**) | Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.” |
| Computer And Related Services | |
| Maintenance and repair of office machinery and equipment including computers, Other Computer Services | Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.” |
| Other Business Services, Management Consulting Services, Services related to management consulting, Services incidental to animal husbandry, Placement and supply services of personnel, Photographic services, Convention services (CPC 87909**), Other credit reporting services, Collection agency services, Interior Design Services (CPC 87907**), Telephone Answering Services, Duplicating Services, Mailing list compilation and mailing services, Other Business Services – services generally provided to business not elsewhere classified in the CPC and not including convention services. These include: business brokerage services, appraisal services (other than for real estate), secretarial services, demonstration and exhibition services, etc. | Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.” |
| COMMUNICATION SERVICES | |
| Postal And Courier Services | |
| Services relating to the handling (7) of postal items (8) whether for domestic or foreign destinations: A. Handling of addressed written communications on any kind of physical medium (9), including: - Hybrid mail services - Direct mail B. Handling of addressed parcels and packages (10) C. Handling of addressed press products (11) D. Handling of items referred to in A. to C. above as registered or insured mail. E. Express delivery services (12) for items referred to in A. to C. above F. Handling of non-addressed items G. Document exchange H. Other services not elsewhere specified, including post office counter services, other than the issue of stamps bearing the words: “New Zealand” (13) | Insert new commitment with modes 1 and 3 limited as follows: “None, other than Additional conditions for operation in the market or de-registration may be imposed on postal operators where these engage in anti-competitive behaviour”, no limitations on mode 2 and mode 4 “Unbound, except as indicated in the horizontal section.” |
| Sector/subsector | Market Access Improvement |
| CONSTRUCTION AND RELATED ENGINEERING SERVICES | |
| General Construction Work for Buildings, General Construction Work for Civil Engineering, Installation and Assembly Work, Building Completion and Finishing Work, Other, Site preparation: new construction (other than pipelines), Maintenance and repair of fixed structures | Replace existing restriction under mode 1 with “None for consultancy services”. |
| Other, Renting Services related to Equipment for Construction or Demolition of Buildings or Civil Engineering, with Operator | Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.” |
| DISTRIBUTION SERVICES | |
| Commission Agents’ Services | Replace existing commitments with: CPC 62113-62115, 62117-62118: no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.” CPC 62111** only in respect of 02961- 02963** (ovine wool); CPC 62112** only in respect of CPC 21111, 21112, 21115, 21116 and 21119** (edible offals of bovine and ovine origin) and 02961-02963** (ovine wool); and CPC 62116** only in respect of 2613-2615**,(ovine wool): Insert new commitments with no limitations for modes 1 and 2, mode 3 “None, except in terms of export distribution: (i) the allocation of distribution rights related to exports of these products to export markets where tariff quotas, country specific preferences and other measures of similar effect are found may place limitations on the numbers of services suppliers, total value of services transactions or numbers of services operations; (ii) mandatory export marketing strategies may apply where there is support within the relevant industry. These export marketing strategies do not include measures limiting the number of market participants or limiting the volume of exports.” and mode 4 “Unbound, except as indicated in the horizontal section.” |
| Wholesale trade services | Replace existing commitments with: CPC 6223 – 6226, CPC 6228: no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.” CPC 6221**only in respect of 02961-02963** (ovine wool); CPC 6222** only in respect of CPC 21111, 21112, 21115, 21116 and 21119** (edible offals of bovine and ovine origin); and CPC 62277** only in respect of 2613-2615**, (ovine wool): Insert new commitments with no limitations for modes 1 and 2, mode 3 “None, except in terms of export distribution: (i) the allocation of distribution rights related to exports of these products to export markets where tariff quotas, country specific preferences and other measures of similar effect are found may place limitations on the numbers of services suppliers, total value of services transactions or numbers of services operations; (ii) mandatory export marketing strategies may apply where there is support within the relevant industry. These export marketing strategies do not include measures limiting the number of market participants or limiting the volume of exports.” and mode 4 “Unbound, except as indicated in the horizontal section.” |
| EDUCATION SERVICES | |
| Other Education Services | |
| Other Education in respect of the following services only: - Language training provided in private specialist language institutions - Tuition in subjects taught at the primary and secondary levels, provided by private specialist institutions operating outside the New Zealand compulsory school system (14) | Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.” |
| Sector/subsector | Market Access Improvement |
| ENVIRONMENTAL SERVICES (15) | |
| Waste water management, Waste Management, Refuse disposal services, Sanitation and similar services, Protection of ambient air and climate, Remediation and clean-up of soil and water, Noise and vibration abatement, Protection of biodiversity and landscape, Other environmental and ancillary services | Insert new commitments for consultancy and these services contracted by private industry only with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.” |
| Sector/subsector | Market Access Improvement |
| TRANSPORT SERVICES | |
| Maritime Transport Services | Replace existing condition applicable to all maritime service sectors with the following: “General conditions applicable to all maritime service sectors: marketing and sales of maritime transport and related services for products covered under CPC 01, 02, 211, 213-216, 22, 2399 and 261; unbound, except for marketing and sales related to the following products in respect of which a commitment is made: CPC 21111, 21112, 21115, 21116 and CPC 21119** (edible offals of bovine and ovine origin only); CPC 2613-2615** (ovine wool only); and CPC 02961-02963** (ovine wool only).” |
| Maritime Auxiliary Services | |
| Maritime Cargo Handling Services (16) | Insert new commitment with mode 1 “Unbound except for no limitation on transhipment (board to board or via the quay) and/or use of on board cargo handling equipment.”, no limitations for modes 2 and 3 and mode 4 “Unbound, except as indicated in the horizontal section.” |
| Customs Clearance Services (17) Container Station and Depot Services (18) | Insert new commitment with mode 1 unbound, no limitations for modes 2 and 3 and mode 4 “Unbound, except as indicated in the horizontal section.” |
| Maritime Agency Services (19) | Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.” |
| AIR TRANSPORT SERVICES | |
| Selling and marketing of air transport services (20) | Replace existing limitation for modes 1, 2 and 3 with “Unbound for products covered under CPC 01, 02, 211, 213-216, 22, 2399 and 261, except for marketing and sales related to CPC 21111, 21112, 21115, 21116 and CPC 21119** (edible offals of bovine and ovine origin), CPC 2613-2615** (ovine wool), and CPC 02961-02963** (ovine wool).” |
| Aircraft repair and maintenance Services (21) | Insert new commitment with mode 1 unbound, no limitations for modes 2 and 3 and mode 4 “Unbound, except as indicated in the horizontal section.” |
| Airport Operation Services CPC74610**, excluding Navigation aids | Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.” |
| Other supporting services for air transport CPC 74690** excluding fire-fighting and fire-prevention services Cargo and baggage handling services (CPC 741**) Ramp handling services (CPC 741**) | Insert new commitment with mode 1 unbound, no limitations for modes 2 and 3 and mode 4 “Unbound, except as indicated in the horizontal section.” |
| Airport management services | Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.” |
| OTHER SERVICES NOT INCLUDED ELSEWHERE | |
| Other | |
| Washing, cleaning and dyeing services | Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.” |
SCHEDULE OF PERU
Sector: All
Sub-Sector:
Obligations Concerned: Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4)
Description: Investment and Cross-Border Trade in Services
Peru reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.
Peru reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreements in force or signed after the date of entry into force of this Agreement involving:
(a) aviation;
(b) fisheries; or
(c) maritime matters, (1) including salvage.
Existing Measures:
Sector: All
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.4) Most-Favoured-Nation Treatment (Article 9.5) Senior Management and Boards of Directors (Article 9.11)
Description: Investment
Peru, when selling or disposing of its equity interests in, or the assets of, an existing state enterprise (2) or an existing governmental entity, may prohibit or impose limitations on the ownership of such interests or assets, and on the ability of owners of such interests or assets to control any resulting enterprise, by investors of a Party or of a non-Party or their investments. With respect to such a sale or other disposition, Peru may adopt or maintain any measure relating to the nationality of individuals appointed to senior management positions or members of the board of directors.
For the purposes of this entry:
(a) any measure maintained or adopted after the date of entry into force of this Agreement that, at the time of sale or other disposition, prohibits or imposes limitations on the ownership of equity interests or assets or imposes nationality requirements described in this entry shall be deemed to be an existing measure subject to Article 9.12.1, Article 9.12.4, Article 9.12.5 and Article 9.12.6 (Non-Conforming Measures) and Article 10.7.1 (Non-Conforming Measures); and
(b) “state enterprise” means an enterprise owned or controlled through ownership interests by Peru and includes an enterprise established after the date of entry into force of this Agreement solely for the purposes of selling or disposing of equity interests in, or the assets of, an existing state enterprise or governmental entity.
Existing Measures:
Sector: Indigenous Communities, Peasant, Native and Minority Affairs