Bilateral Treaties: Criteria to determine submission to the parliamentary treaty examination process

The bilateral treaty criteria to assist the Minister to exercise his discretion in deciding which bilateral treaties qualify as “major bilateral treaties of particular significance” are listed below for reference. A bilateral treaty may be deemed to be a “major bilateral treaties of particular significance” if: the subject matter of the treaty is likely to be of major interest to the public

• the treaty deals with an important subject upon which there is no ready precedent (i.e. it is an original treaty dealing with possibly a one-off situation)
  
• the treaty deals with an important subject and departs substantively from previous models relating to the same subject
  
• the treaty represents a major development in the bilateral relationship
  
• the treaty has significant financial implications for the government
  
• the treaty cannot be terminated, or remains in force for a specified period, thus binding future governments permanently or for a specified time
  
• the treaty is to be implemented by way of overriding treaty regulations (i.e. regulations that implement a treaty by way of regulations that override primary legislation)
  
• the treaty is a major treaty that New Zealand seeks to terminate
  
• the Foreign Affairs, Defence and Trade Committee indicates its interest in examining the treaty

 

These criteria are intended to help the Minister exercise his discretion.  They do not replace that discretion.

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