Continental Shelf Act 1964
Crown Minerals Act 1991
EEZ and Continental Shelf (Environmental Effects) Act 2012
Sectors: All
Obligations Concerned: Market Access (Article 10.5)
Description: Cross-Border Trade in Services
New Zealand reserves the right to adopt or maintain any measure that is not inconsistent with 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).
For the purposes of this entry only, New Zealand’s Schedule of Specific Commitments is modified as set out in Appendix A.
Sector: Business Services, Fire Services
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3)
Description: Investment and Cross-Border Trade in Services
New Zealand reserves the right to adopt or maintain any measure with respect to the provision of fire-fighting services, excluding aerial fire-fighting services.
Existing Measures: Fire Service Act 1975
Forest and Rural Fires Act 1977
Sector: Business Services, Research and Development
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Performance Requirements (Article 9.10)
Description: Investment and Cross-Border Trade in Services
New Zealand reserves the right to adopt or maintain any measure with respect to:
(a) research and development services carried out by State- funded tertiary institutions or by Crown Research Institutes when such research is conducted for a public purpose; and
(b) research and experimental development services on physical sciences, chemistry, biology, engineering and technology, agricultural sciences, medical, pharmaceutical and other natural sciences, i.e. CPC 8510.
Sector: Business Services, Technical Testing and Analysis Services
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3)
Description: Investment and Cross-Border Trade in Services
New Zealand reserves the right to adopt or maintain any measure in respect of:
(a) composition and purity testing and analysis services (CPC 86761);
(b) technical inspection services (CPC 86764);
(c) other technical testing and analysis services (CPC 86769);
(d) geological, geophysical and other scientific prospecting services (CPC 86751); and
(e) drug testing services.
Sector: Business Services, Fisheries and Aquaculture, Services related to fisheries and aquaculture
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 control the activities of foreign fishing, including fishing landing, first landing of fish processed at sea, and access to New Zealand ports (port privileges), consistent with the provisions of the United
Nations Convention on the Law of the Sea.
Existing Measures: Fisheries Act 1996
Aquaculture Reform Act 2004
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.” |