New Zealand Legislation: Bills

18 Decision to impose or recommend Imposition of safeguard measure

• (1) After receiving the chief executive’s report about a safeguard investigation, the Minister may take 1 or more of the actions set out in subsection (2) in relation to imported goods if the Minister is satisfied that—

  • (a) increased imports have caused serious injury or a threat of serious injury; and

  • (b) the increased imports were due to unforeseen developments; and

  • (c) the 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; and

  • (d) the safeguard measure relates to the appropriate goods, is the appropriate measure, and is of the appropriate extent and duration; and

  • (e) the action is in the public interest; and

  • (f) the particular safeguard measure is not incompatible with New Zealand’s international obligations as a party to the WTO Agreement or otherwise.

  (2) The actions the Minister may take are to—

  • (a) impose order that a safeguard duty be imposed; or

  • (b) recommend that the Governor-General make an Order in Council imposing a safeguard measure referred to in section 17(b) or (c).

  • (c) impose a safeguard measure referred to in section 17(d).

  (3) A decision to impose a safeguard duty under subsection (2)(a) or a safeguard measure under subsection (2)(c)—

  • (a) is a regulation for the purposes of the Regulations (Disallowance) Act 1989 and must be presented to the House of Representatives not later than 16 sitting days after the day on which it is made; but

  • (b) is not a regulation for the purposes of the Acts and Regulations Publication Act 1989.

  (4) The Minister or the Governor-General by Order in Council (whichever is appropriate) may exempt imported goods from certain exporting countries from a safeguard measure at any time, including after the safeguard measure has been imposed.

  (5) An exemption under subsection (4) is not a regulation within the meaning of the Regulations (Disallowance) Act 1989.

  (6) The Minister must notify any action taken under subsection (1) or (4) and must also notify a decision to do nothing after receiving the chief executive’s report about a safeguard investigation.

  (3) The Minister may exempt or may recommend that the Governor-General by Order in Council exempt (whichever is appropriate) imported goods from certain exporting countries from a safeguard measure at any time, including after the measure has been imposed, if the Minister is satisfied that an exemption—

  • (a) is necessary to comply with New Zealand’s international obligations as a party to the WTO Agreement or otherwise; or

  • (b) will further New Zealand's international relations or trade goals.

  (4) The Minister must—

  • (a) notify a decision to do nothing after receiving the chief executive’s report about a safeguard investigation:

  • (b) after deciding to do nothing or taking an action under subsection (1), notify the chief executive's report about a safeguard investigation, except for the following information:

    • (i) confidential information; and

    • (ii) any information that the chief executive considers could be withheld under the Official Information Act 1982.

  (5) An order under subsection (2)(a) and an exemption by the Minister under subsection (3) are regulations for the purposes of the Regulations (Disallowance) Act 1989.

  Compare: 1987 No 88 s 7