Consolidated TPP Text – Annex II – Schedule of New Zealand

Sector: All

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:

Sector: All

Obligations Concerned: National Treatment (Article 9.4 and Article 10.3)
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 water, including the allocation, collection, treatment and distribution of drinking water.

This reservation does not apply to the wholesale trade and retail of bottled mineral, aerated and natural water.

Sector: All

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 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 the Agreement. Such measures may include:

Sector: All

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

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 measure 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.

Entities within the scope of this reservation include state-owned enterprises at the central level of government. For transparency purposes, such enterprises include:

Sector: All

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 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 transparency purposes those categories, as set out in Annex I – New Zealand – 12 and 13, are:

Existing Measures: Overseas Investment Act 2005
Fisheries Act 1996
Overseas Investment Regulations 2005

Sector: All

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 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:

Sector: All

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 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 Party or a non-PartyFootnote 6.

Sector: All

Obligations Concerned: National Treatment (Article 9.4 and Article 10.3)
Local Presence (Article 10.6)

Description: Investment and Cross-Border Trade in Services

New Zealand reserves the right to adopt or maintain any measure regarding the control, management or use of:

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

Sector: All

Obligations Concerned: National Treatment (Article 9.4 and Article 10.3)
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 nationality or residency measures in relation to:

Nothing in this reservation shall be construed to derogate from the obligations of Chapter 7 (Sanitary and Phytosanitary Measures) or the obligations of the SPS Agreement.

Nothing in this reservation shall be construed to derogate from the obligations of Chapter 8 (Technical Barriers to Trade) or the obligations of the TBT Agreement.

Sector: All

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 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

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:

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:

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:

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:

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:

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:

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:

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:

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

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.

Business services
Sector/subsectorMarket Access Improvement
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
Sector/subsectorMarket Access Improvement
Postal And Courier Services
Services relating to the handlingFootnote 7 of postal itemsFootnote 8whether for domestic or foreign destinations:
  • A. Handling of addressed written communications on any kind of physical mediumFootnote 9, including:
    • Hybrid mail services
    • Direct mail
  • B. Handling of addressed parcels and packagesFootnote 10.
  • C. Handling of addressed press productsFootnote 11.
  • D. Handling of items referred to in A. to C. above as registered or insured mail.
  • E. Express delivery servicesFootnote 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”Footnote 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.”
Construction and related engineering services
Sector/subsectorMarket Access Improvement
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
Sector/subsectorMarket Access Improvement
Commission Agents’ ServicesReplace 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 servicesReplace 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
Sector/subsectorMarket Access Improvement
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 systemFootnote 14.
Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.”
Environmental servicesFootnote 15
Sector/subsectorMarket Access Improvement
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.”
Transport services
Sector/subsectorMarket Access Improvement
Maritime Transport ServicesReplace 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 ServicesFootnote 16Insert 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 ServicesFootnote 17
Container Station and Depot ServicesFootnote 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 ServicesFootnote 19Insert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.”
Air transport services
Sector/subsectorMarket Access Improvement
Selling and marketing of air transport servicesFootnote 20Replace 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 ServicesFootnote 21Insert 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 servicesInsert 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
Sector/subsectorMarket Access Improvement
Other
Washing, cleaning and dyeing servicesInsert new commitments with no limitations for modes 1-3 and mode 4 “Unbound, except as indicated in the horizontal section.”
Date Modified: