Consolidated TPP Text – New Zealand’s Schedule of Commitments for Temporary Entry for Business Persons

1. The following sets out New Zealand’s commitments in accordance with Article 12.4 (Grant of Temporary Entry) in respect of the temporary entry of business persons.

A. Business Visitors

New Zealand extends its commitments under this category to any Party that has made commitments in its Schedule in the category of Business Visitors or Service Sales Persons.

Description of Category

Definition:

Business Visitors comprise a business person:

Conditions and Limitations (including length of stay)

Entry for a period not exceeding in aggregate three months in any calendar year.

B. Intra-Corporate Transferees

New Zealand extends its commitments under this category to any Party that has made commitments in its Schedule in the category of Intra-Corporate Transferees.

Description of Category

Definition:

Intra-Corporate Transferees comprise an Executive, Manager or a Specialist:

For the purposes of this definition, Executive means a business person who primarily directs the management of an enterprise, exercises wide latitude in decision making and receives only general supervision or direction from higher level executives, the board of directors or stockholders of the enterprise.  An executive would not directly perform tasks related to the actual provision of the service or the operation of the enterprise.  Executives must have been employed by their employer for at least 12 months prior to their proposed transfer to New Zealand.

For the purposes of this definition, Manager means a business person who will be responsible for or directs the entire or a substantial part of the operations of the enterprise in New Zealand, receiving general supervision or direction principally from higher level executives, the board of directors or stockholders of the enterprise; supervising and controlling the work of other supervisory, professional or managerial employees; and having the authority to establish goals and policies of the entire or a substantial part of the operations of the enterprise.  Managers must have been employed by their employer for at least 12 months prior to their proposed transfer to New Zealand.

For the purposes of this definition, Specialist means a business person with advanced trade, technical or professional skills within an organisation who possesses knowledge at an advanced level of technical expertise and who possesses proprietary knowledge of the organisation’s service, research equipment, techniques or management.  Such specialists are responsible for or employed in a particular aspect of an organisation’s operations in New Zealand. Skills are assessed in terms of the applicant’s employment experience, qualifications and suitability for the position.

Conditions and Limitations (including length of stay)

Executives and Managers: Entry for a period of initial stay up to a maximum of three years.

Specialists:  Entry for a period of initial stay up to a maximum of three years.

C. Installers and Servicers

New Zealand extends its commitments under this category to any Party that has made commitments in its Schedule in the category of Installers and Servicers, Contractual Service Suppliers, Independent Professionals, Professionals or Technicians.

Description of Category

Definition:

Installers and Servicers comprise a business person who is an Installer or Servicer of machinery or equipment, in situations when installation or servicing by the supplying company is a condition of purchase of the machinery or equipment.  An Installer / Servicer cannot perform services which are not related to the service activity which is the subject of the contract.

Conditions and Limitations (including length of stay)

Entry for periods not exceeding three months in any 12-month period.

D. Independent Professionals

New Zealand extends its commitments under this category to any Party that has made commitments in its Schedule in the category of Independent Professionals, Contractual Service Suppliers, Installers and Servicers, Professionals or Technicians.

Description of Category

Definition:

Independent Professionals means a self-employed business person with advanced technical or professional skills, without the requirement for a commercial presence, working under a valid contract in New Zealand.

An Independent Professional must have:

Both (a) and (b) must be in the field in which the Independent Professional wishes to supply their professional services.

Only in respect of the service sectors set out in New Zealand’s Schedule of Specific Commitments in the WTO (as currently set out in GATS/SC/62, GATS/SC/62/Suppl.1, and GATS/SC/62/Suppl.2) and the additional service sectors set out below.

1. Business Services

2. Educational Services

3. Environmental Services

Conditions and Limitations (including length of stay)

Entry for a period of stay up to a maximum of 12 months and subject to economic needs tests.

2. Notwithstanding the commitments set out above, New Zealand reserves the right to adopt or maintain any measure in cases of labour or management disputes, and also with respect to ships’ crews.

3. With respect to audio-visual services, New Zealand immigration instructions stipulate a special procedure for the granting of visas to entertainers, performing artists and associated support personnel for work purposes.  To be eligible for a work visa or work permit, such applicants must come within the policy guidelines agreed to between the Minister of Immigration, independent promoters, agents or producers and the relevant performing artists’ unions.

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