Trans-Pacific Partnership Agreement

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Treaty Type:

Bilateral/Plurilateral

Common Name:

TPP

Responsible Department:

Foreign Affairs and Trade

Administering Department:

Treaty Summary:

The Trans-Pacific Partnership Agreement (TPP) is a free trade agreement (FTA) designed to liberalise trade and investment between 12 Pacific-rim countries: New Zealand, Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, Peru, Singapore, the US and Viet Nam. Trade Ministers of the twelve countries announced the conclusion of negotiations on 5 October 2015 in Atlanta, Georgia. On 4 February 2016, TPP was signed in Auckland. The TPP has not entered into force.  It requires four remaining signatories to ratify, including the United States.  The United States notified on 30 January 2017 that it did not intend to become a Party to the Agreement.

The remaining 11 countries continued negotiations on a revised Agreement, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), which concluded on 23 January 2018.

NZ Adherence Status:

In Progress

Negotiation Status:

Concluded on 5 October 2015.

Organisation:

Is Signed By NZ:

Yes

Signature Date:

04/02/2016

Ratified or Signed:

No

Requires Ratification:

No

NZ Territorial Applications:

None

Information about required Legislation:

The amendments to primary legislation necessary for New Zealand to implement TPP are contained in the Trans-Pacific Partnership Agreement Amendment was Act, passed by Parliament on 15 November 2016. The amendments contained in the Act would only commence from the date that TPP entered into force for New Zealand.

Impacts on Maori:

TPP has provisions that protect the ability of governments to make legitimate public policy, including in health, education, and protecting the environment.
TPP also contains a Treaty of Waitangi exception clause that protects the Government's ability to adopt policies that fulfil its obligations to Maori, including under the Treaty of Waitangi. The Treaty of Waitangi exception was the subject of a report by the Waitangi Tribunal. The report is available at www.justice.govt.nz/tribunals/waitangi-tribunal/news/tppa-treaty-clause-not-a-breach-tribunal-says/

Impacts on Stakeholders:

After negotiations concluded, the Ministry of Foreign Affairs and Trade released ten detailed factsheets on TPP’s implications for New Zealand. This was followed by a draft of the full text of the Agreement on 5 November, together with a number of pieces of economic analysis undertaken by the Government. The final text of the Agreement, as signed, was released on 26 January 2016, along with the TPP National Interest Analysis.
The Ministry of Foreign Affairs and Trade also held public initial information sessions in November 2015 in Auckland, Dunedin and Wellington. A presentation to Federation of Māori Authorities and the Independent Maori Statutory Board took place in the latter part of 2015. On 26 November 2015, Ministry representatives discussed the TPP with the claimants and interested parties in the Waitangi Tribunal claims (Wai 2522). During 2016, the Government ran public events on key TPP outcomes, including a roadshow and a series of Hui Iwi and Māori business, which provided the opportunity for attendees to share their views and ask New Zealand’s Chief Negotiator questions about the agreement.

Treaty Text Link:

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