Consolidated TPP Text – Annex IV – Schedule of New Zealand

Obligations Concerned: Article 17.6.1(b) (Non-commercial Assistance)

Article 17.6.2(b) (Non-commercial Assistance)

Entity: All existing and future state-owned enterprises.

Scope of Non-Conforming Activities: New Zealand, or any of its state-owned enterprises or state-enterprises, may provide non-commercial assistance to the Entity for the supply of construction, operation, maintenance or repair services of physical infrastructure supporting communications between New Zealand and other Parties.

Obligations Concerned: Article 17.6.1(b) (Non-commercial Assistance)

Article 17.6.2(b) (Non-commercial Assistance)

Entity: All existing and future state-owned enterprises.

Scope of Non-Conforming Activities: New Zealand, or any of its state-owned enterprises or state-enterprises, may provide non-commercial assistance to the Entity for the supply of air transport services and maritime transport services to the extent that they provide a connection for New Zealand to the rest of the world, provided that non-commercial assistance for the supply of air transport services:

• (a) is provided in order to maintain ongoing operations; and
• (b) does not cause:
  • (i) a significant increase in the Entity’s market share of the service; or
  • (ii) a significant price undercutting by the service supplied by the Entity as compared with the price in the same market of a like service supplied by a service supplier of another Party, or significant price suppression, price depression or lost sales in the same market.

Obligations Concerned: Article 17.6.1(a) (Non-commercial Assistance) with respect to the production and sale of goods in competition with a like good produced and sold by a covered investment in the territory of New Zealand.

Article 17.6.2(a) with respect to the production and sale of goods in competition with a like good produced and sold by a covered investment in the territory of New Zealand.

Entity: Solid Energy New Zealand Limited

Scope of Non-Conforming Activities: New Zealand, or any of its state-owned enterprises or state enterprises may provide non-commercial assistance to Solid Energy New Zealand Limited for the production and sale of coal within the territory of New Zealand.

Measures: Deed of indemnity between Solid Energy New Zealand Limited and the Crown dated September 2014.