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(g) provisions of te Tiriti o Waitangi / the Treaty of Waitangi, with respect to its interpretation, including as to the nature of the rights and obligations arising under it.
Section SECTION B CONSULTATIONS
Article 26.3. Consultations
1. The Parties shall endeavour to resolve any dispute referred to in Article 26.2 (Scope) by
entering into consultations in good faith, with the aim of reaching a mutually agreed solution.
2. A Party shall seek consultations by means of a written request delivered to the other Party
identifying the measure at issue and the covered provisions that it considers applicable.
3. The Party to which the request for consultations is made (hereinafter referred to as "the Party complained against") shall reply to that request for consultations promptly, but no later than 10 days after the date of its delivery. Unless the Parties agree otherwise, consultations shall be held within 30 days after the date of delivery of the request for consultations, and take place in the territory of the Party complained against. The consultations shall be deemed concluded within 30 days after the date of delivery of the request for consultations, or within 90 days after that date for disputes under Chapter 19 (Trade and sustainable development), unless the Parties agree to continue consultations.
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4. Consultations on matters of urgency, including those regarding perishable goods, or seasonal goods or services that rapidly lose their trade value, shall be held within 15 days after the date of delivery of the request for consultations. The consultations shall be deemed concluded within
those 15 days, unless the Parties agree to continue consultations.
5. During consultations each Party shall provide sufficient factual information so as to allow a complete examination of the manner in which the measure at issue could affect the application of this Agreement or the Sanitary Agreement. Each Party shall endeavour to ensure the participation of personnel of their competent governmental authorities who have expertise in the matter subject to
the consultations.
6. Indisputes concerning the provisions of Chapter 19 (Trade and sustainable development) which relate to the multilateral agreements or instruments referred to in Chapter 19 (Trade and sustainable development), the Parties shall take into account information from the ILO or relevant organisations or bodies established under MEAs in order to promote coherence between the work of the Parties and those relevant organisations or bodies. Where relevant, the Parties shall seek advice from those relevant organisations or bodies, or any other expert or body they deem appropriate. Each Party may seek, if appropriate, the views of the domestic advisory groups referred to in Article 24.6 (Domestic advisory groups) or other expert advice.
7. Consultations, and in particular all information designated as confidential and positions taken
by the Parties during consultations, shall be confidential and without prejudice to the rights of either Party in any further proceedings.
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8.
A measure proposed by a Party, but not yet implemented, may be the subject of consultations
under this Article but may not be the subject of panel procedures under Section C (Panel
procedures) or mediation under Section D (Mediation).
(a)
(b)
(c)
Section SECTION C PANEL PROCEDURES
Article 26.4. Initiation of Panel Procedures
The Party that sought consultations may request the establishment of a panel, if:
the Party complained against does not respond to the request for consultations within 10 days after the date of its delivery;
consultations are not held within the time periods set out in Article 26.3(3) and (4) (Consultations) respectively;
the Parties agree not to have consultations; or
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(d) consultations have been concluded and no mutually agreed solution has been reached. 2. The request for the establishment of a panel (hereinafter referred to as "panel request") shall be made by means of a written request delivered to the other Party, and to any external body entrusted pursuant to paragraph 4, if applicable. The complaining Party shall identify the measure at issue in its panel request, and explain how that measure constitutes a breach of the covered provisions in a manner sufficient to present the legal basis for the complaint clearly. 3. Each Party shall ensure that the panel request is promptly made public. 4. The Trade Committee may decide to entrust an external body with assisting panels under this Chapter, including providing administrative and legal support. The Trade Committee's decision shall also address the costs arising from such entrustment.
Article 26.5. Establishment of a Panel
1. A panel shall be composed of three panellists.
2. Within 15 days after the date of delivery of the panel request, the Parties shall consult in good
faith with a view to agreeing on the composition of the panel.
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3. If the Parties do not agree on the composition of the panel within the time period provided for in paragraph 2, each Party shall appoint a panellist within 10 days after the expiry of the time period provided for in paragraph 2:
(a) from the sub-list of that Party established under Article 26.6 (Lists of panellists); or
(b) for disputes under Chapter 19 (Trade and sustainable development), from the sub-list of that Party in the TSD list established pursuant to point (b) of Article 26.6(1) (Lists of panellists).
If a Party does not appoint a panellist from its sub-list within the time period provided for in paragraph 3, the co-chair of the Trade Committee from the complaining Party shall select by lot, within 10 days after the expiry of the time period provided for in paragraph 3, the panellist from the sub-list of the Party that has not appointed a panellist. The co-chair of the Trade Committee from the complaining Party may delegate such selection by lot.
4. If the Parties do not agree on the chairperson of the panel within the time period established in paragraph 2, the co-chair of the Trade Committee from the complaining Party shall select by lot, within 10 days after the expiry of that time period, the chairperson of the panel:
(a) from the sub-list of chairpersons established under Article 26.6(2) (Lists of panellists); or
(b) for disputes under Chapter 19 (Trade and sustainable development), from the sub-list of
chairpersons in the TSD list established pursuant to point (b) of Article 26.6(1) (Lists of panellists).
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The co-chair of the Trade Committee from the complaining Party may delegate such selection by lot.
5. The panel shall be deemed to be established 15 days after the three selected panellists have accepted their appointment in accordance with Rule 10 of Annex 26-A (Rules of procedure for dispute settlement), unless the Parties agree otherwise. Each Party shall promptly make public the date of establishment of the panel.
6. If any of the lists provided for in Article 26.6 (Lists of panellists) have not been established or do not contain sufficient names or contain only names of persons who are not available at the time a panellist is to be selected pursuant to paragraph 3 or 4, the panellists shall be drawn by lot from the individuals who have been formally proposed by one Party or both Parties in accordance with Annex 26-A (Rules of procedure for dispute settlement).
Article 26.6. Lists of Panellists
1. The Trade Committee shall, at its first meeting after the date of entry into force of this Agreement, establish:
(a) alist of individuals who are willing and able to serve as panellists; and
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(b) aseparate list of individuals who are willing and able to serve as panellists in disputes under
Chapter 19. Trade and Sustainable Development) (hereinafter Referred to as "TSD List").2. Each of the Lists Referred to In Points (a) and (b) of Paragraph 1 Shall Be Composed of the
following sub-lists:
(a) _ one sub-list of individuals established on the basis of proposals by the Union;
(b) one sub-list of individuals established on the basis of proposals by New Zealand; and
(c) one sub-list of individuals who are not nationals of either Party and who shall serve as chairperson of the panel.
3. The sub-lists referred to in points (a), (b) and (c) of paragraph 2, shall include at least three individuals each. The sub-list referred to in point (c) of paragraph 2 shall not have more than six individuals. The Trade Committee shall ensure that those sub-lists are always maintained at this
number of individuals.
4. The Trade Committee may establish additional lists of individuals with expertise in specific sectors covered by this Agreement. Subject to the agreement of the Parties, such additional lists shall be used to compose the panel in accordance with the procedure set out in
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(a)
(b)
(c)
(d)
3.
Article 26.7. Requirements for Panellists
Each panellist shall:
have demonstrated expertise in law, international trade, and other matters covered by this
Agreement;
be independent of, and not be affiliated with or take instructions from, either Party;
serve in their individual capacities and not take instructions from any organisation or
government with regard to matters related to the dispute; and
comply with Annex 26-B (Code of conduct for panellists and mediators).
The chairperson shall also have experience in dispute settlement procedures.
Notwithstanding point (a) of paragraph 1 and paragraph 2, each panellist on the TSD list shall
have specialised knowledge of, or expertise in:
(a)
(b)
labour or environmental law;
issues addressed in the Chapter 19 (Trade and sustainable development); or
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(c) the resolution of disputes arising under international agreements.
4. In view of the subject matter of a particular dispute, the Parties may agree to derogate from
the requirement listed in point (a) of paragraph 1.
Article 26.8. Functions of the Panel
The panel:
(a) _ shall make an objective assessment of the matter before it, including an objective assessment
of the facts of the case and the applicability of and conformity with the covered provisions; (b) _ shall set out, in its decisions and reports, the findings of facts, the applicability of the covered provisions and the basic rationale behind any findings and recommendations that it makes;
and
(c) should consult regularly with the Parties and provide adequate opportunities for the
development of a mutually agreed solution.
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Article 26.9. Terms of Reference of the Panel
1. Unless the Parties agree otherwise within five days after the date of establishment of the panel, the terms of reference of the panel shall be:
"to examine, in the light of the relevant covered provisions referred to by the Parties, the matter referred to in the panel request, to make findings on the applicability of the covered provisions and the conformity of the measure at issue with those provisions, and to deliver a report in accordance with Articles 26.11 (Interim report) and 26.12 (Final report)." 2. Ifthe Parties agree on terms of reference of the panel other than those set out in paragraph 1, they shall notify the agreed terms of reference of the panel to the panel within the time period set out in paragraph 1.
Article 26.10. Decision on Urgency
1. Ifa Party so requests, the panel shall decide, within 10 days after its establishment, whether
the case concerns matters of urgency.
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2. Ifthe panel decides that the dispute concerns matters of urgency, the applicable time periods set out in Section C (Panel procedures) of this Chapter shall be half the time prescribed therein, except for the time periods referred to in Article 26.5 (Establishment of a panel) and
Article 26.9. Terms of Reference of the Panel).
Article 26.11. Interim Report
1. The panel shall deliver an interim report to the Parties within 90 days after the date of establishment of the panel. If the panel considers that such deadline cannot be met, the chairperson of the panel shall notify the Parties in writing, stating the reasons for the delay and the date on which the panel plans to deliver its interim report. The panel shall, under no circumstances, deliver
its interim report later than 120 days after the date of establishment of the panel. 2. Each Party may deliver to the panel a written request to review precise aspects of the interim
report within 10 days after its delivery. A Party may comment on the other Party's written request within six days after the delivery of such request.
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Article 26.12. Final Report
1. The panel shall deliver its final report to the Parties within 120 days after the date of establishment of the panel. If the panel considers that such deadline cannot be met, the chairperson of the panel shall notify the Parties in writing, stating the reasons for the delay and the date on which the panel plans to deliver its final report. The panel shall, under no circumstances, deliver its final report later than 150 days after the date of establishment of the panel.
2. The final report shall include a discussion on any written request by the Parties on the interim report referred to in Article 26.11(2) (Interim report) and clearly address the comments of the Parties. ARTICLE 26.13 Compliance measures 1. The Party complained against shall take any measure necessary to comply promptly with the
findings and recommendations in the final report in order to bring itself in compliance with the
covered provisions.
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2. The Party complained against shall, no later than 30 days after delivery of the final report, deliver a notification to the complaining Party of the measures which it has taken or which it envisages to take to comply.
3. In addition, as regards disputes under Chapter 19 (Trade and sustainable development):
(a) the Party complained against shall, no later than 30 days after delivery of the final report, inform its domestic advisory groups referred to in Article 24.6 (Domestic advisory groups) and the contact point of the other Party established pursuant to Article 19.16 (Contact points)
of the measures which it has taken or which it envisages to take to comply; and
(b) the Trade and Sustainable Development Committee shall monitor the implementation of the compliance measures. The domestic advisory groups referred to in Article 24.6 (Domestic advisory groups) may submit observations to the Trade and Sustainable Development
Committee in that regard.
Article 26.14. Reasonable Period of Time
1. If immediate compliance is not possible, the Party complained against shall, no later
than 30 days after the date of delivery of the final report, deliver a notification to the complaining
Party of the length of the reasonable period of time it will require for such compliance. The Parties shall endeavour to agree on the length of the reasonable period of time to comply.
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2. Ifthe Parties have not agreed on the length of the reasonable period of time, the complaining Party may, at the earliest 20 days after the date of delivery of the notification referred to in paragraph 1, request in writing the original panel to determine the length of the reasonable period of time. The panel shall deliver its decision to the Parties within 20 days after the date of delivery of
such request. 3. The Party complained against shall deliver a written notification of its progress in complying with the final report to the complaining Party no later than 30 days before the expiry of the
reasonable period of time.
4. The Parties may agree to extend the reasonable period of time.
Article 26.15. Compliance Review 1. the Party Complained Against Shall, No Later Than at the Date of Expiry of the Reasonable Periodof Time, Deliver a Notification to the Complaining Party of Any Measure That It Has Taken to Comply
with the final report.
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2. Ifthe Parties disagree on the existence or the consistency with the covered provisions of any measure taken to comply, the complaining Party may deliver a request, in writing, to the original panel to decide on the matter. Such request shall identify any measure at issue and explain how that measure constitutes a breach of the covered provisions in a manner sufficient to present the legal basis for the complaint clearly. The panel shall deliver its decision to the Parties within 54 days after the date of delivery of such request.
Article 26.16. Temporary Remedies 1. the Party Complained Against Shall, If Requested by the Complaining Party, Enter Into Consultations with the Complaining Party with a View to Agreeing on Mutually Acceptablecompensation, If:
(a) the Party complained against delivers a notification to the complaining Party that it is not y iP. possible to comply with the final report;
(b) the Party complained against fails to deliver a notification of any measure taken to comply within the deadline as referred to in Article 26.13 (Compliance measures) or before the date
of expiry of the reasonable period of time;
(c) the panel finds that no measure taken to comply exists; or
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(d)
(a)
(b)
the panel finds that the measure taken to comply is inconsistent with the covered provisions.
For disputes under Chapter 19 (Trade and sustainable development) this Article applies if:
a situation set out in point (a), (b) or (c) of paragraph 1 of this Article arises and the final report of the panel pursuant to Article 26.12 (Final report) finds a violation of:
@) = Article 19.3(3) (Multilateral labour standards and agreements); or Gi) Article 19.6(3) (Trade and climate change), if that panel, in its final report, finds that the Party complained against failed to refrain from any action or omission that materially
defeats the object and purpose of the Paris Agreement; or
a situation set out in point (d) of paragraph 1 of this Article arises and the decision of the