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Consistent with the objectives of this Agreement to liberalise trade in services and support the APEC Bogor goals, and in the interests of facilitating a clear understanding of the nature of services trade commitments made under this Agreement for business users and the wider public, New Zealand has adopted a sui generis, plain language, approach to scheduling its services specific commitments. Where further clarification regarding the coverage of a specific services commitment is required - i.e. beyond that provided in the sectoral heading or sub-heading - this is set out clearly in parentheses below in a section entitled “coverage”.
Unless otherwise specified, there is no residency requirement attached to registration in those services sectors where New Zealand has made specific commitments.
The modes of supply referred to in this schedule are:
Cross border mode
The supply of a service from the territory of one Party into the territory of the other Party
Consumption abroad mode
The supply of a service in the territory of one Party to the service consumer of the other Party
Commercial presence mode
The supply of a service by a service supplier of one Party, through commercial presence in the territory of the other Party
Presence of natural persons mode
The supply of a service by a service supplier of one Party, through presence of natural persons of that Party in the territory of the other Party
All Sectors
Presence of Natural Persons
No commitments other than on certain categories of intra-corporate transferees (i.e. natural persons employed by a service supplier of the other Party supplying services through a commercial presence) and business visitors as defined below. For intra-corporate transferees the following conditions apply:
Executives and senior managers (i.e. senior employees of an organisation who have been employed for at least 12 months prior to proposed transfer to New Zealand and who are responsible for the entire or a substantial part of an organisation’s operations in New Zealand and receive general supervision or direction from higher level executives, board directors or stockholders): an initial period of stay of up to 3 years;
Specialist and/or senior personnel (i.e. persons being transferred to undertake a specific or specialist task at senior level within the company): an initial period of stay of up to 12 months;
Specialist personnel (i.e. natural persons who have been employed by an organisation for at least 12 months prior to proposed transfer to New Zealand and who possess trade, technical or professional skills responsible for a particular aspect of an organisation’s operations in New Zealand): an initial period of stay of up to 3 years;
Installers and servicers (i.e. installers and servicers of machinery /equipment where such installation or servicing is a condition of the purchase of the machinery/equipment): for periods of stay not exceeding 3 months in any 12 month period.
For business visitors (i.e. service sellers representing a service supplier of the other Party seeking temporary entry to negotiate for the sale of services where these do not involve direct sales to the general public) the following conditions apply: for a period or periods not exceeding 3 months in any calendar year.
Overseas Investment
National treatment in the establishment of commercial presence is subject to the Overseas Investment Regulations 1995, issued under the Overseas Investment Act 1973[1]. These provide that Overseas Investment Commission (OIC) approval is required for the following investments by an overseas person:
No commitment to national treatment concerning enterprises currently in State ownership.
Business Services
Professional Services
Legal Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Accounting, Auditing and Bookkeeping Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Taxation Preparation Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Architectural Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Engineering Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Integrated Engineering Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Urban Planning and Landscape Architectural Service
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Dental Services
No market access limitations in the consumption abroad or commercial presence modes of supply. No national treatment limitations in the consumption abroad mode of supply. Market access in the cross border mode of supply and national treatment in the cross border, commercial presence and presence of natural persons modes of supply is limited to registered dentists who must satisfy the relevant registration board that they intend to reside and practise in New Zealand.
Veterinary Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Computer And Related Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Research And Development Services
Research and Development Services on Social Sciences and Humanities except Research and Development Services undertaken by State-Funded Tertiary Institutions
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Real Estate Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Rental/Leasing of Equipment Without Crew
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Advertising Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Market Research and Public Opinion Polling Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Management Consulting Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Services Related to Management Consulting
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Technical Testing and Analysis Services
(Coverage: testing and analysis services of physical properties, testing and analysis services of integrated mechanical and electrical systems)
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Services Incidental to Agriculture, Hunting and Forestry
(Coverage: services incidental to animal husbandry covered in next entry)
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Services Incidental to Animal Husbandry
No market access or national treatment limitations in the cross border or consumption abroad modes of supply. Market access in the commercial presence mode of supply is subject to the Herd Testing Regulations under the Dairy Board Act 1961 which restrict the provision of herd testing services to providers licensed by the New Zealand Dairy Board. The number of licences may be limited.
Services Incidental to Manufacturing
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Placement and Supply Services of Personnel
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Investigation and Security Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Related Scientific and Technical Consulting Services
(Coverage: subsurface surveying services, surface surveying services, and mapmaking services excluding cadastral surveying services)
No market access or national treatment limitations in the consumption abroad or commercial presence modes of supply. Supply of services cross border is not technically feasible.
Maintenance and Repair of Equipment (not including Maritime Vessels, Aircraft or other Transport Equipment)
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Building Cleaning Services
No market access or national treatment limitations in the consumption abroad or commercial presence modes of supply. Supply of services cross border is not technically feasible.
Photographic Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Packaging Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Printing Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Convention Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Translation and Interpretation Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Interior Design Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Exhibition Management Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Courier Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Telecommunications Services
No market access limitations in the cross border, consumption abroad or commercial presence modes of supply. No national treatment limitations in the cross border or consumption abroad modes of supply. National treatment in the commercial presence mode of supply is subject, in the case of the Telecom Corporation of New Zealand Limited, to the Articles of Association of that corporation which limit the shareholding by any single overseas entity to 49.9 per cent and require that at least half of the Board of Directors be New Zealand citizens.
Audio-visual Services
Motion Picture Projection Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Construction and Related Engineering Services
(Coverage: general construction work for buildings, civil engineering, installation and assembly work, building completion and finishing work, site preparation, new construction (other than pipelines), and maintenance and repair of fixed structures)
No market access or national treatment limitations in the consumption abroad or commercial presence modes of supply. Supply of services cross border is not technically feasible.
Commission Agents’ and Wholesale Trade Services
(Coverage: commission agents’ services (excluding agricultural raw materials, live animals, food products, beverages, tobacco and wool), wholesale trade services (excluding agricultural raw materials, live animals, food products, beverages, tobacco and wool))
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Retail Trade Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Franchising
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Education Services
(Coverage: primary, secondary and tertiary education in private institutions)
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply[2].
Environmental Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Banking and other Financial Services (excluding Insurance)
Banking and other financial services (excluding insurance) referred to in these commitments are understood to include:
National treatment in the commercial presence mode of supply is subject to the provisions of the Financial Reporting Act 1993 and the Companies Act 1993. These Acts require overseas companies to prepare financial statements on an annual basis comprising a balance sheet, a profit and loss statement and (if required by an applicable financial reporting standard approved by the Accounting Standards Review Board) a statement of cash flows. The Acts also require such financial statements in relation to an overseas company's New Zealand business. The Acts require the following companies to deliver annual audited financial statements to the Registrar of Companies for registration: (a) issuers (ie those which have raised investment from the public); (b) overseas companies; (c) subsidiaries of companies or bodies corporate incorporated outside New Zealand; (d) companies in which 25 per cent or more of the shares are held or controlled by: (i) a subsidiary of a company or body corporate incorporated outside New Zealand or a subsidiary of that subsidiary; (ii) a company or body corporate incorporated outside New Zealand; or (iii) a person not ordinarily resident in New Zealand.
Commitments in the cross-border mode of supply for insurance and insurance-related services are limited to:
Commitments in the consumption abroad mode of supply for insurance and insurance–related services are limited to:
Commitments in the cross-border mode of supply for banking and other financial services (excluding insurance) are limited to:
Commitments in the consumption abroad mode of supply for banking and other financial services (excluding insurance) cover:
Insurance and Insurance-Related Services
For life insurance, reinsurance and retrocession and services auxiliary to insurance, no market access or national treatment limitations in the commercial presence mode of supply.
For non-life insurance, market access and national treatment in the cross border mode of service supply is subject to the following limitation:
For non-life insurance, market access and national treatment in the commercial presence mode of supply is subject to the following limitations:
For insurance intermediation services, market access and national treatment in the cross border mode of supply is subject to the following limitation:
For insurance intermediation services, market access and national treatment in the commercial presence mode of supply is subject to the following limitations:
No commitment on the marketing and sale of insurance and insurance intermediation services for the following products: agricultural, horticultural and market gardening products, live animals and animal products, meat and meat products, vegetables, fruit, animal and vegetable oils, dairy products, other food products and wool.
Banking and Other Financial Services
No market access or national treatment limitations in the commercial presence mode of supply.
Other Human Health Services
Ambulance Services and Residential Health Facilities Services other than Hospital Services
No market access limitations in the consumption abroad or commercial presence modes of supply. Supply of services cross border is not technically feasible.
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Recreational, Cultural and Sporting Services
Archive Services (excluding “Public Archives” as defined in the Archives Act 1957)
No market access or national treatment limitations in the cross-border, consumption abroad or commercial presence modes of supply.
Sports and Recreational Services (excluding Gambling and Betting Services)
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Maritime Transport Services
No commitment on apples, pears, kiwifruit, dairy products and hops.
International Transport of Freight and Passengers (excluding Cabotage)
No market access or national treatment limitations in the cross border or consumption abroad modes of supply. No commitment on the establishment of a registered company for the purpose of operating a fleet under the New Zealand flag in the commercial presence mode of supply. No commitment on ships’ crews in the presence of natural persons mode of supply.
Maritime Agency Services, Maritime Brokerage Services and International Towage
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Certain Port Services
(Coverage: pilotage, towing and tug assistance, provisioning, fuelling and watering, garbage collecting and ballast waste disposal, port captains’ services, navigation aids, emergency repair facilities, anchorage, other shore-based operational services essential to ship operations, including communications, water and electrical supplies)
No commitments on market access or national treatment. No measures shall be applied which deny international maritime transport suppliers reasonable and non-discriminatory access to the above port services.
Air Transport Services
Sales and Marketing of Air Transport Services
Apart from the following products, no market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
No commitment on apples, pears, kiwifruit, dairy products and hops.
Computer Reservation System Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Rail Transport
(Coverage: passenger, freight, and pushing and towing services)
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Road Transport
(Coverage: commercial road transport services: passenger, freight (excluding mail), rental and vehicle recovery)
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Pipeline Transport
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
Services Auxiliary to All Modes of Transport
No commitment on apples, pears, kiwifruit, dairy products and hops.
Storage and Warehousing Services
No market access or national treatment limitations in the consumption abroad mode of supply. No market access or national treatment limitations for storage and warehousing services for land and maritime transport in the commercial presence mode of supply. Supply of storage and warehousing services cross border is not technically feasible.
Freight Forwarding Services
No market access or national treatment limitations in the cross border, consumption abroad or commercial presence modes of supply.
[1] The OIC, in determining whether to grant approval, acts in accordance with a screening regime (a non-legally binding description of which is contained in Annex 3 on Investment Limitations) which may be adjusted or replaced from time to time by New Zealand Government legislation, regulation or policy setting.
[2] Specific commitments on market access and national treatment through any mode of supply shall not be construed to confer recognition of university degrees for the purposes of admission, registration and qualification for professional practice in New Zealand.
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