Trade (Safeguard Measures) Bill 294-2 (2008), Government Bill

12 Safeguard investigation
  • (1) The matters the chief executive must investigate in a safeguard investigation include the following:

    • (a) whether increased imports have caused serious injury or a threat of serious injury:

    • (b) whether the increased imports were due to unforeseen developments:

    • (c) whether a safeguard measure is necessary—

      • (i) to prevent or remedy serious injury; and

      • (ii) to facilitate adjustment by the domestic industry to the increased competition from the increased imports:

    • (d) if a safeguard measure is necessary,—

      • (i) which goods should be subject to a measure; and

      • (ii) which measure is appropriate; and

      • (iii) what is the appropriate extent and duration of the measure:

    • (e) the public interest, which may entail, among other matters, a consideration of the following:

      • (i) the likely effectiveness of a safeguard measure in assisting the domestic industry:

      • (ii) the alternatives to a safeguard measure:

      • (iii) the likely effect of a safeguard measure on the market (including on consumers):

      • (iv) New Zealand’s international relations and trade goals:

      • (v) the strategic importance of the domestic industry.

    (2) In investigating whether there is serious injury or a threat of serious injury for the purposes of subsection (1)(a), the chief executive must consider the impact of the increased imports on the domestic industry, including actual and potential decline in output, sales, market share, profits, productivity, employment, and utilisation of production capacity.

    (3) In investigating whether the increased imports have caused serious injury or a threat of serious injury for the purposes of subsection (1)(a), the chief executive must consider—

    • (a) the nature and extent of imports of the goods by the domestic industry, including the value, quantity, frequency, and purpose of the imports; and

    • (b) factors other than the imports that have injured, or are injuring, the domestic industry.