Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018
Public Act 2018 No 41 Date of assent 25 October 2018
Commencement see section 2
Contents Page
1 Title 3 2 Commencement 3 3 Principal Act 3
Part 1 Amendments to Title and commencement of principal Act
4 Principal Act renamed 3 5 Section 1 amended (Title) 3 6 Section 2 replaced (Commencement) 3
2 Commencement 3 Part 2
Amendments to other provisions of principal Act Copyright Act 1994
7 Section 9 amended (Section 135 amended (Definitions)) 4 8 New sections 37A to 37G inserted 4
37A Section 226 amended (Definitions of TPM terms) 4 37B Section 226D amended (When rights of issuer of TPM 5
work do not apply) 37C Section 226E amended (User’s options if prevented from 5
exercising permitted act by TPM) 37D Section 226F replaced (Meaning of copyright 5
management information)
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Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018 2018 No 41
37E Section 226G amended (Interference with CMI 6 prohibited)
37F Section 226H amended (Commercial dealing in work 6 subject to CMI interference)
37G Section 226I amended (Contravention of section 226G or 6 226H)
9 Section 44 amended (Schedule 1 amended) 6 Customs and Excise Act 1996
10 Part 2 repealed 7 Hazardous Substances and New Organisms Act 1996
11 Section 58 amended (Section 59 amended (Time limits and 7 waivers))
Legislation Act 2012 12 Section 63 amended (New Part 2A inserted) 7
Overseas Investment Act 2005 13 New section 68A inserted (Section 61 amended (Regulations)) 9
68A Section 61 amended (Regulations) 9 14 Section 69 amended (New section 61A inserted (Regulations 9
regarding alternative monetary thresholds for overseas investments in significant business assets))
Patents Act 2013 15 Section 77 amended (Schedule 1AA amended) 10
Tariff Act 1988 16 Section 79 amended (Section 2 amended (Interpretation)) 10 17 Section 81 amended (Section 7A amended (Orders in Council 10
about preferential countries)) 18 Section 82 amended (Section 15A amended (Interpretation)) 11 19 Section 83 amended (Section 15B amended (Chief executive may 11
undertake transitional safeguard investigation)) 20 Section 86 amended (Section 15F amended (Application of 11
transitional safeguard measure)) 21 Section 88 amended (Section 15H amended (Provisional 11
transitional safeguard measure)) Tariff
22 Section 90 amended (Tariff, note 2 amended) 11 23 Section 91 amended (Tariff, note 3 amended) 11
Wine Regulations 2006 24 Section 106 replaced (New regulation 8A inserted (Labelling of 11
grape ice wine for export following entry into force of Trans- Pacific Partnership Agreement))
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Trans-Pacific Partnership Agreement (CPTPP) 2018 No 41 Amendment Act 2018 Part 1 s 6
106 New regulation 8A inserted (Labelling of grape ice wine for export)
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Schedules 25 26
Schedule 2 amended Schedule 3 amended
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The Parliament of New Zealand enacts as follows:
1 Title This Act is the Trans-Pacific Partnership Agreement (CPTPP) Amendment Act 2018.
2 Commencement This Act comes into force on the day after the date of Royal assent.
3 Principal Act This Act amends the Trans-Pacific Partnership Agreement Amendment Act 2016 (the principal Act).
Part 1 Amendments to Title and commencement of principal Act
4 Principal Act renamed In section 1, replace “Trans-Pacific Partnership Agreement Amendment Act 2016” with “Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018”.
5 Section 1 amended (Title) In section 1, insert as subsection (2):
(2) Every reference in any enactment and in any document to the Trans-Pacific Partnership Agreement Amendment Act 2016 must, unless the context other- wise requires, be read as a reference to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018.
6 Section 2 replaced (Commencement) Replace section 2 with:
2 Commencement (1) This Act comes into force on a date appointed by the Governor-General by
Order in Council on the recommendation of the Minister for Trade and Export Growth.
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Interpretation for sections 226A to
Trans-Pacific Partnership Agreement (CPTPP) Part 2 s 7 Amendment Act 2018 2018 No 41
(2) One or more orders may be made bringing different provisions into force on different dates and appointing different dates for different purposes.
(3) However, the date appointed for the following provisions to come into force must not be earlier than the date on which the Trans-Pacific Partnership Agree- ment, done at Auckland on 4 February 2016, enters into force for New Zea- land: (a) sections 4 to 8, 28, 38, 39, 40(3) and (4), and 41 to 43 (which amend the
Copyright Act 1994): sections 73 to 76 (which amend the Patents Act 2013).(b)
Part 2 Amendments to other provisions of principal Act
Copyright Act 1994
7 Section 9 amended (Section 135 amended (Definitions)) (1) In section 9, new definition of exporter in section 135, replace “section 2(1) of
the Customs and Excise Act 1996” with “section 5(1) of the Customs and Excise Act 2018”.
(2) In section 9, new definition of importer in section 135, replace “section 2(1) of the Customs and Excise Act 1996” with “section 5(1) of the Customs and Excise Act 2018”.
8 New sections 37A to 37G inserted After section 37, insert:
37A Section 226 amended (Definitions of TPM terms) Replace the heading to section 226 with “(1) 226E”.
(2) In section 226, insert in their appropriate alphabetical order: issuer of the TPM work or issuer of a TPM work means— (a) a copyright owner of a TPM work that—
issued a copy of the TPM work to the public; or communicated the TPM work to the public; or
(i) (ii)
(b) a person that, under licence from the copyright owner,— issued a copy of the TPM work to the public; or communicated the TPM work to the public
(i) (ii)
permitted act means an act that— is permitted under Part 3 or otherwise does not infringe copyright in the TPM work; and
(a)
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“a permitted
“copyright owner or the exclusive licensee”
“if that person” “if that research is a permitted
Trans-Pacific Partnership Agreement (CPTPP) 2018 No 41 Amendment Act 2018 Part 2 s 8
(b) does not infringe any specified performers’ rights in the TPM work specified performers’ rights means the rights conferred by section 172, or subpart 4 of Part 9, in respect of a recording that is a sound recording and a TPM work
37B Section 226D amended (When rights of issuer of TPM work do not apply) In section 226D(2)(a), replace “a permitted act under Part 3” with act”.
37C Section 226E amended (User’s options if prevented from exercising permitted act by TPM)
(1) In section 226E(1), replace “a permitted act under Part 3” with “a permitted act”.
(2) In section 226E(2), replace “a permitted act under Part 3” with “a permitted act”.
(3) In section 226E(2), replace with “issuer of the TPM work” in each place.
(4) In section 226E(3), replace with act and if that person”.
(5) In section 226E(3)(b)(i), replace “copyright owner or exclusive licensee of the copyright to the use of” with “issuer of the TPM work to use”.
37D Section 226F replaced (Meaning of copyright management information) Replace section 226F with:
226F Meaning of copyright management information In sections 226G, 226H, and 226J, CMI or copyright management informa- tion means information attached to, or appearing in connection with communi- cating or making available, a copy of a copyright work that— (a) identifies 1 or more of the following:
the work: the author of the work: the copyright owner: a performer: in the case of a film, the director of the film; or
(i) (ii) (iii) (iv) (v)
(b) identifies or indicates some or all of the terms and conditions for using the work, or indicates that the use of the work is subject to terms and conditions; or
(c) is a number or code that represents any of the information referred to in paragraph (a) or (b).
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“, or appearing in connec-
subsection (1)
Trans-Pacific Partnership Agreement (CPTPP) Part 2 s 9 Amendment Act 2018 2018 No 41
37E Section 226G amended (Interference with CMI prohibited) In section 226G(1), replace “, or embodied in,” with tion with communicating or making available,”.
37F Section 226H amended (Commercial dealing in work subject to CMI interference) In section 226H(1) and (2)(c), replace “, or embodied in,” with “, or appearing in connection with communicating or making available,”.
37G Section 226I amended (Contravention of section 226G or 226H) In section 226I, insert as subsections (2) and (3):
(2) If the copyright management information is or includes information that identi- fies an author, a director, or a performer (or is a number or code that represents information that identifies that person), the author, director, or performer (or a person entitled to exercise that person’s rights under Part 4 or 9) has the same rights and remedies in relation to a contravention of either of sections 226G and 226H as an author, a director, or a performer has in respect of an infringe- ment of the rights conferred by Part 4 or 9.
(3) Subsection (2) does not limit .
9 Section 44 amended (Schedule 1 amended) (1) In section 44(9), new Part 2 of Schedule 1, replace the Part 2 heading with:
Part 2 Provisions relating to Comprehensive and Progressive Agreement
for Trans-Pacific Partnership Amendment Act 2018 (2) In section 44(9), new Part 2 of Schedule 1, clause 44, definition of TPP copy-
right duration provisions, replace “Trans-Pacific Partnership Agreement Amendment Act 2016” with “Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018”.
(3) In section 44(9), new Part 2 of Schedule 1, clause 47, definition of commence- ment, replace “TPP performers’ rights provisions” with “WIPO performers’ rights provisions”.
(4) In section 44(9), new Part 2 of Schedule 1, clause 47, replace the definition of TPP performers’ rights provisions with: WIPO performers’ rights provisions means the provisions of Part 1 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018.
(5) In section 44(9), new Part 2 of Schedule 1, clause 48(1), replace “TPP perform- ers’ rights provisions” with “WIPO performers’ rights provisions”.
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Trans-Pacific Partnership Agreement (CPTPP) 2018 No 41 Amendment Act 2018 Part 2 s 12
(6) In section 44(9), new Part 2 of Schedule 1, clause 49(1), replace “TPP perform- ers’ rights provisions” with “WIPO performers’ rights provisions”.
(7) In section 44(9), new Part 2 of Schedule 1, clause 49(2), replace “TPP perform- ers’ rights provisions” with “WIPO performers’ rights provisions”.
(8) In section 44(9), new Part 2 of Schedule 1, clause 49(3), replace “TPP perform- ers’ rights provisions” with “WIPO performers’ rights provisions”.
(9) In section 44(9), new Part 2 of Schedule 1, clause 49(4)(b), replace “TPP per- formers’ rights provisions” with “WIPO performers’ rights provisions”.
(10) In section 44(9), new Part 2 of Schedule 1, clause 50(2), replace “TPP perform- ers’ rights provisions” with “WIPO performers’ rights provisions”.
Customs and Excise Act 1996
10 Part 2 repealed Repeal Part 2.
Hazardous Substances and New Organisms Act 1996
11 Section 58 amended (Section 59 amended (Time limits and waivers)) (1) In section 58, new section 59(6), replace “relevant TPP provision” with “rele-
vant CPTPP or TPP provision”. (2) In section 58, replace new section 59(8) with: (8) In subsection (6), relevant CPTPP or TPP provision means—
(a) Article 8.7.14 of the Trans-Pacific Partnership Agreement (done at Auckland on 4 February 2016) (technical barriers to trade: transparency: periods to comment on proposals):
(b) that provision as incorporated into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago, Chile, on 8 March 2018, by Article 1.1 of that agreement.
Legislation Act 2012
12 Section 63 amended (New Part 2A inserted) (1) In section 63, new section 36B(2)(a), replace “administrator’s website” with
“maker’s website”. (2) In section 63, new section 36B(2)(c), replace “legislation website” with “cen-
tral website”. (3) In section 63, new section 36C(2), repeal the definitions of administrator,
administrator’s website, legislation website, and links. (4) In section 63, new section 36C(2), insert in their appropriate alphabetical order:
central website means an Internet site maintained by or on behalf of the New Zealand Government
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Trans-Pacific Partnership Agreement (CPTPP) Part 2 s 12 Amendment Act 2018 2018 No 41
links, in relation to an instrument at any time, means all information necessary or desirable to enable a user at that time to access, using the central website, the instrument as published and made available on the maker’s website maker, in relation to an instrument, means the person empowered to make the instrument maker’s website, in relation to an instrument, means an Internet site (other than the central website) maintained by or on behalf of the maker
(5) In section 63, new section 36C(2), replace the definition of international transparency obligations with: international transparency obligations means obligations— (a) under paragraph 5 of Article 26.2 (publication) of Chapter 26 (transpar-
ency and anti-corruption) of the Trans-Pacific Partnership Agreement done at Auckland on 4 February 2016; or
(b) under that provision as incorporated into the Comprehensive and Pro- gressive Agreement for Trans-Pacific Partnership, done at Santiago, Chile, on 8 March 2018, by Article 1.1 of that agreement
(6) In section 63, cross-heading above new section 36D, replace “administrator’s website” with “maker’s website”.
(7) In section 63, heading to new section 36D, replace “Administrator” with “Maker”.
(8) In section 63, new section 36D(1)(a), replace “Trans-Pacific Partnership Agreement Amendment Act 2016” with “Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018”.
(9) In section 63, new section 36D(1)(b) and (2), replace “administrator’s website” with “maker’s website”.
(10) In section 63, new section 36D(2), replace “administrator” with “maker”. (11) In section 63, cross-heading above new section 36E, replace “administrator’s
website” with “maker’s website”. (12) In section 63, heading to new section 36E, replace “Administrator” with
“Maker”. (13) In section 63, new section 36E(1)(a), replace “Trans-Pacific Partnership Agree-
ment Amendment Act 2016” with “Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018”.
(14) In section 63, new section 36E(1)(b), (2), (3), and (6), replace “administrator’s website” with “maker’s website” in each place.
(15) In section 63, new section 36E(2) and (6), replace “administrator” with “maker”.
(16) In section 63, new section 36E(4), replace “administrators” with “makers”.
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(17) In section 63, new section 36E(5)(a), replace “an Internet site maintained by or on behalf of the New Zealand Government” with “the central website”.
(18) In section 63, cross-heading above new section 36F, replace “legislation web- site” with “central website”.
(19) In section 63, new section 36F(1)(a), replace “Trans-Pacific Partnership Agree- ment Amendment Act 2016” with “Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018”.
(20) In section 63, new section 36F(1)(b), replace “administrator’s website” with “maker’s website”.
(21) In section 63, new section 36F(2), replace “administrator” with “maker”. (22) In section 63, new section 36F(3), replace “administrators” with “makers”. (23) In section 63, new section 36F(4)(a), replace “an Internet site maintained by or
on behalf of the New Zealand Government” with “the central website”. (24) In section 63, replace new section 36G with:
36G Links forwarded and other instruments must be published and made available The Chief Parliamentary Counsel must ensure that the following are as soon as practicable published and made available on the central website: (a) (b)
links forwarded under section 36F: legislative instruments published under section 6 (including instruments published under section 14).
Overseas Investment Act 2005
13 New section 68A inserted (Section 61 amended (Regulations)) After section 68, insert:
68A Section 61 amended (Regulations) In section 61(1)(i) (as replaced by section 46(4) of the Overseas Investment Amendment Act 2018), replace “either or both of overseas investments in sen- sitive land and overseas investments in significant business assets” with “over- seas investments in sensitive land”.
14 Section 69 amended (New section 61A inserted (Regulations regarding alternative monetary thresholds for overseas investments in significant business assets))
(1) In section 69, before new section 61A(1)(a), insert: (aaa) the Comprehensive and Progressive Agreement for Trans-Pacific Part-
nership, done at Santiago, Chile, on 8 March 2018: (2) In section 69, after new section 61A(1)(f), insert:
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Trans-Pacific Partnership Agreement (CPTPP) Part 2 s 15 Amendment Act 2018 2018 No 41
(g) the Trans-Pacific Strategic Economic Partnership Agreement, done at Wellington on 18 July 2005.
(3) (5)
In section 69, after new section 61A(4), insert: Regulations made under subsection (1) may be made only to implement obliga- tions in an international agreement that has entered into force for New Zealand.
Patents Act 2013
15 (1)
Section 77 amended (Schedule 1AA amended) In section 77, new Part 2 of Schedule 1AA, replace the Part 2 heading with:
Part 2 Transitional and savings provisions arising from Comprehensive and
Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
(2) In section 77, new Part 2 of Schedule 1AA, clause 4, replace “Trans-Pacific Partnership Agreement Amendment Act 2016” with “Comprehensive and Pro- gressive Agreement for Trans-Pacific Partnership Amendment Act 2018”.
(3) In section 77, new Part 2 of Schedule 1AA, clause 5, replace “Trans-Pacific Partnership Agreement Amendment Act 2016” with “Comprehensive and Pro- gressive Agreement for Trans-Pacific Partnership Amendment Act 2018”.
(4) In section 77, new Part 2 of Schedule 1AA, clause 6, replace “Trans-Pacific Partnership Agreement Amendment Act 2016” with “Comprehensive and Pro- gressive Agreement for Trans-Pacific Partnership Amendment Act 2018”.
Tariff Act 1988
16 Section 79 amended (Section 2 amended (Interpretation)) In section 79, before the new definition of specified TPP party in section 2(1), insert: CPTPP means the Comprehensive and Progressive Agreement for Trans- Pacific Partnership, done at Santiago, Chile, on 8 March 2018 specified CPTPP party means a country that is for the time being declared by Order in Council under section 7A(1)(baa) to be a specified CPTPP party for the purposes of this Act
17 Section 81 amended (Section 7A amended (Orders in Council about preferential countries))
(1) In section 81(1), before new section 7A(1)(ba), insert: (baa) declare a country that is a party to the CPTPP to be a specified CPTPP
party for the purposes of this Act:
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“, a specified CPTPP party,
“,
Trans-Pacific Partnership Agreement (CPTPP) 2018 No 41 Amendment Act 2018 Part 2 s 24
(2) Replace section 81(2) with: (2) In section 7A(3), after “specified TPA party”, insert
a specified TPP party,”.
18 Section 82 amended (Section 15A amended (Interpretation)) In section 82(1), definition of free trade agreement in section 15A, replace new paragraph (f) with: (f) the CPTPP; or (g) the TPP
19 Section 83 amended (Section 15B amended (Chief executive may undertake transitional safeguard investigation)) In section 83(2), new section 15B(1A), replace “the TPP” with “the CPTPP or the TPP”.
20 Section 86 amended (Section 15F amended (Application of transitional safeguard measure)) In section 86(8), new section 15F(7), replace “the affected TPP party” with “the affected CPTPP or TPP party, as the case may be,”.
21 Section 88 amended (Section 15H amended (Provisional transitional safeguard measure)) In section 88, new section 15H(8), replace “the TPP” with “the CPTPP or the TPP”.
Tariff
22 Section 90 amended (Tariff, note 2 amended) In section 90, insert as subsection (2):
(2) In the notes to the Tariff, note 2, penultimate paragraph, after “CN”, insert CPT”.
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(2)
Section 91 amended (Tariff, note 3 amended) In section 91, insert as subsection (2): In the notes to the Tariff, note 3, after the item relating to China, insert: Country that is a specified CPTPP party CPT
Wine Regulations 2006
24 Section 106 replaced (New regulation 8A inserted (Labelling of grape ice wine for export following entry into force of Trans-Pacific Partnership Agreement)) Replace section 106 with:
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Trans-Pacific Partnership Agreement (CPTPP) Part 2 s 25 Amendment Act 2018 2018 No 41
106 New regulation 8A inserted (Labelling of grape ice wine for export) After regulation 8, insert:
8A (1)
Labelling of grape ice wine for export After the expiry of the transitional period, no person may export grape wine that is labelled as Icewine, ice wine, ice-wine, or a similar variation of those terms unless the grape wine is made exclusively from grapes naturally frozen on the vine.
(2) In subclause (1), transitional period means the period of 3 years beginning with the date on which section 106 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 (which inserts this regulation) comes into force.
Schedules
25 Schedule 2 amended In Schedule 2, new Schedule 1, replace the Part 1 heading with:
Part 1 Provisions relating to Comprehensive and Progressive Agreement
for Trans-Pacific Partnership Amendment Act 2018
26 Schedule 3 amended (1) In Schedule 3, new Schedule 1AA, replace the Part 2 heading with:
Part 2 Provisions relating to Comprehensive and Progressive Agreement
for Trans-Pacific Partnership Amendment Act 2018 (2) In Schedule 3, new Schedule 1AA, clause 11, replace “Trans-Pacific Partner-
ship Agreement Amendment Act 2016” with “Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018” in each place.
(3) In Schedule 3, new Schedule 1AA, clause 13, replace “Trans-Pacific Partner- ship Agreement Amendment Act 2016” with “Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018”.
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Trans-Pacific Partnership Agreement (CPTPP) 2018 No 41 Amendment Act 2018
Legislative history 25 June 2018 Introduction (Bill 70–1) 28 June 2018 First reading and referral to Foreign Affairs, Defence and Trade
Committee 3 October 2018 Reported from Foreign Affairs, Defence and Trade Committee
(Bill 70–2) 18 October 2018 Second reading 23 October 2018 Committee of the whole House 24 October 2018 Third reading 25 October 2018 Royal assent
This Act is administered by the Ministry of Foreign Affairs and Trade.
Wellington, New Zealand:
Published under the authority of the New Zealand Government—2018
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