Customs and Excise (Rules of Origin for PACER Plus Goods) Amendment Regulations 2020

2020/291

Coat of Arms of New Zealand

Customs and Excise (Rules of Origin for PACER Plus Goods) Amendment Regulations 2020

Patsy Reddy, Governor-General

Order in Council

At Wellington this 23rd day of November 2020

Present:
Her Excellency the Governor-General in Council

These regulations are made under sections 403(1), 407, and 412 of the Customs and Excise Act 2018—

(a)

on the advice and with the consent of the Executive Council; and

(b)

to the extent that these regulations, in accordance with section 407(1)(b) of the Customs and Excise Act 2018, prescribe goods that are treated as being the produce or manufacture of any country for the purposes of the Tariff Act 1988, on the recommendation of the Minister of Customs made after consultation with the Minister of Commerce and Consumer Affairs.

Regulations

1 Title

These regulations are the Customs and Excise (Rules of Origin for PACER Plus Goods) Amendment Regulations 2020.

2 Commencement

These regulations come into force on 13 December 2020.

3 Principal regulations

These regulations amend the Customs and Excise Regulations 1996 (the principal regulations).

4 New regulations 51ZZG and 51ZZH and cross-heading inserted

After regulation 51ZZF, insert:

Provisions relating to PACER Plus parties

51ZZG Interpretation

In this regulation and regulation 51ZZH, unless the context otherwise requires,—

PACER Plus means the Pacific Agreement on Closer Economic Relations Plus done at Nuku’alofa, Tonga, on 14 June 2017

PACER Plus party means a country that is declared by Order in Council under section 7A(1)(bb) of the Tariff Act 1988 to be a specified PACER Plus party for the purposes of that Act.

51ZZH Originating goods

Particular goods are treated for the purposes of the Act and the Tariff Act 1988 as being the produce or manufacture of a PACER Plus party if the goods meet all applicable requirements set out in the following provisions of PACER Plus:

(a)

Chapter 3, Section A: Rules of Origin, Articles 1 to 14; and

(b)

Chapter 3, Section B: Origin Procedures, Articles 15 to 25; and

(c)

Annex 3-A: Declaration of Origin Requirements; and

(d)

Annex 3-B: Schedule of Product Specific Rules.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations come into force on 13 December 2020, which is the date on which the Pacific Agreement on Closer Economic Relations Plus (PACER Plus), done at Nuku’alofa, Tonga, on 14 June 2017, enters into force for New Zealand.

These regulations amend the Customs and Excise Regulations 1996 (the principal regulations). These regulations prescribe rules of origin, including product-specific rules and other applicable requirements, for goods imported to New Zealand from parties to PACER Plus for the purpose of giving effect to PACER Plus.

The rules of origin in PACER Plus are incorporated into the principal regulations by reference. At the time of the making of these regulations, the text of PACER Plus is available at https://www.mfat.govt.nz/pacer

Access to the provisions incorporated by reference is also facilitated by the chief executive of the New Zealand Customs Service in the other ways required by section 52 of the Legislation Act 2012 (as applied by section 412(3) of the Customs and Excise Act 2018).

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 26 November 2020.

These regulations are administered by the New Zealand Customs Service.