Connected Asia Pacific is intended to assist exporters, importers and investors from or to New Zealand to make the most of the rules which increasingly regulate their cross-border activities. We hope you find it helpful and would appreciate any feedback which would help us to target it toward your needs and interests.
If you are interested in obtaining further advice – or in simply finding out if you might benefit from an informal discussion – please contact Principal Daniel Kalderimis.
Daniel has recently returned to Chapman Tripp after seven years abroad. Two of those years were spent in New York, where he was a Fulbright Scholar and Associate-in-Law at Columbia Law School, specialising in international economic law. The balance was spent practising in London, where he was a Senior Associate and Solicitor-Advocate (Higher Courts - Civil) in the International Arbitration Group of Freshfields Bruckhaus Deringer LLP.
FEATURE - Protecting your investment
New cases show importance of forethought
Cross-border business typically involves a range of activities – from exporting goods, to providing services to an overseas client, to establishing a joint venture with a foreign partner. Often not widely understood is that these different activities are regulated through different international legal mechanisms and receive differing levels of protection.
RECENT DEVELOPMENTS - IN BRIEF
Consultations on India FTA / Next step in Japan trade initiative
On 21 February 2009, during a visit by New Zealand Trade Minister Tim Groser, New Zealand and India agreed to launch bilateral free trade agreement negotiations.
On 9 April 2009, Mr Groser announced that New Zealand and Japan are establishing a Joint Officials Group to examine ways to further develop their bilateral trade and investment relationship.
Treasury international connections paper
On 2 April 2009, the New Zealand Treasury released a 'blue-sky' paper entitled International Connections and Productivity: Making Globalisation Work for New Zealand (Productivity Paper 09/01). The Paper advances the interesting argument that, although New Zealand's economy is "relatively open", New Zealand is "only moderately well connected" with the global economy.
NZ second round submissions in the WTO Apples Case
Since December 2007, New Zealand has been involved in a WTO dispute with Australia contesting certain restrictions Australia places on the import of New Zealand apples (said to relate to risks of the diseases of fireblight and European canker). Australia claims, and New Zealand denies, that these are appropriately justified by scientific evidence.
Select Committee Report on ASEAN-Australia-New Zealand FTA
On 8 April 2009, the Foreign Affairs, Defence and Trade Committee of the New Zealand Parliament reported back on the ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA). AANZFTA will enter into force on 1 July 2009, provided Australia, New Zealand and at least four ASEAN countries have notified completion of necessary domestic procedures by that date.
Progress of Safeguards Bill before select committee
The Trade (Safeguard Measures) Bill was considered by the Foreign Affairs, Defence and Trade select committee on 30 April 2009 at a hearing which was closed to the public. The bill refines New Zealand's legislation on safeguard measures in accordance with the rules in the GATT (Article XIX) and the more detailed WTO Agreement on Safeguards. Safeguard measures are intended to provide local manufacturers and goods producers with temporary relief from a sudden and potentially injurious flood of imports in the domestic market. A key objective of the Bill is to shift responsibility for safeguards investigations to the Ministry for Economic Development (which already has responsibility for anti-dumping investigations), instead of using Temporary Safeguards Authorities. Submissions to the select committee have now closed and the committee is due to issue its report on 11 September 2009.
READ BRIEF COUNSEL - STRONGER SAFEGUARDS FOR LOCAL INDUSTRY
Trans-Tasman cooperation for civil proceedings – one step closer
Plans by the Australian and New Zealand governments to introduce legislation this year to implement the Trans-Tasman Court Proceedings and Regulatory Enforcement Treaty (signed on 30 July 2008) were the lead agenda item when the Standing Committee of Attorneys-General met on 17 April 2009 in Canberra.