New Zealand Legislation: Bills

22 Decision to impose or recommend extension Extension of safeguard measure

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

  • (a) this is necessary to prevent or remedy serious injury; and

  • (b) an extension is appropriate having regard to the extent to which the domestic industry is adjusting to increased competition from increased imports; and

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

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

  • (e) the particular extended 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,—

  • (a) in relation to any safeguard duty that has been imposed, to impose order that an extended safeguard duty be imposed; or

  • (b) in relation to any safeguard measure referred to in section 17(b) or (c) that has been imposed, to recommend that the Governor-General make an Order in Council extending that safeguard measure.

  • (c) in relation to any safeguard measure referred to in section 17(d) that has been imposed, to extend that safeguard measure.

  (3) A decision to impose an extended safeguard duty under subsection (2)(a) or to extend 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 an extended safeguard measure at any time, including after the safeguard measure has been extended.

  (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 the review of a safeguard measure.

  (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 an extended safeguard measure at any time, including after the measure has been extended, 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 the review of a safeguard measure:

  • (b) after deciding to do nothing or taking an action under subsection (1), notify the chief executive's report about the review of a safeguard measure, 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.