Tariff Amendment Act 2008

Crest

Tariff Amendment Act 2008

Public Act2008 No 49
Date of assent28 July 2008
Commencementsee section 2

The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Tariff Amendment Act 2008.

2 Commencement
  • This Act comes into force on 1 October 2008.

3 Principal Act amended

Implementation of preferential tariffs under New Zealand–China Free Trade Agreement

4 Purpose
  • Section 5 amends the principal Act to enable the implementation of preferential tariffs conferred on China under the Free Trade Agreement between the Government of New Zealand and the Government of the People's Republic of China done at Beijing on 7 April 2008.

5 Application of Tariff
  • Section 7(1) is amended by adding the following paragraph:

    • (j) in the case of goods—

      • (i) being the produce or manufacture of China; and

      • (ii) being goods included in a Tariff item in respect of which a rate of duty is specified after the abbreviation CN in the column headed Preferential Tariff,—

      at the rate so specified.

Application of transitional safeguard measures and provisional transitional safeguard measures

6 Purpose
  • Sections 7 to 11 amend the principal Act to provide for the application of transitional safeguard measures and provisional transitional safeguard measures in relation to the Free Trade Agreement between the Government of New Zealand and the Government of the People's Republic of China done at Beijing on 7 April 2008.

7 Interpretation
  • (1) Section 15A is amended by repealing the definition of free trade agreement and substituting the following definition:

    free trade agreement means—

    • (a) the Thai FTA; or

    • (b) the China FTA.

    (2) Section 15A is amended by inserting the following definitions in their appropriate alphabetical order:

    China FTA means the Free Trade Agreement between the Government of New Zealand and the Government of the People's Republic of China done at Beijing on 7 April 2008

    Thai FTA means the New Zealand–Thailand Closer Economic Partnership Agreement done at Bangkok on 19 April 2005.

8 Chief executive may undertake transitional safeguard investigation
  • (1) Section 15B(1) is amended by omitting the free trade agreement and substituting a free trade agreement.

    (2) Section 15B(2)(b) is amended by omitting the free trade agreement and substituting the relevant free trade agreement.

9 Application of transitional safeguard measure
  • (1) Section 15F(4)(b) is amended by omitting the free trade agreement and substituting the relevant free trade agreement.

    (2) Section 15F(4)(c) is amended by omitting the free trade agreement and substituting the relevant free trade agreement.

10 Section 15G substituted
  • Section 15G is repealed and the following section substituted:

    15G Extension of transitional safeguard measure
    • The Minister may extend a transitional safeguard measure applied under section 15F if the extension is—

      • (a) consistent with the provisions of the relevant free trade agreement; and

      • (b) not inconsistent with New Zealand's other international obligations.

11 Provisional transitional safeguard measure
  • (1) Section 15H(1)(a) is amended by omitting the free trade agreement and substituting the relevant free trade agreement.

    (2) Section 15H(1) is amended by repealing paragraph (b) and substituting the following paragraph:

    • (b) there exist,—

      • (i) in relation to a provisional transitional safeguard measure to be applied under the Thai FTA, highly unusual and critical circumstances; or

      • (ii) in relation to a provisional transitional safeguard measure to be applied under the China FTA, critical circumstances; and.

    (3) Section 15H(4)(b) is amended by omitting the free trade agreement and substituting the relevant free trade agreement.

    (4) Section 15H(4)(c) is amended by omitting the free trade agreement and substituting the relevant free trade agreement.


Legislative history

23 July 2008Divided from New Zealand-China Free Trade Agreement Bill (Bill 210–1) by committee of the whole House as Bill 210–2A
24 July 2008Third reading
28 July 2008Royal assent

This Act is administered by the Ministry of Economic Development.