DEPA recognises that digital trade is part of our everyday. The Productivity Commission stated, “there is little to differentiate the digital economy from the broader economy; in other words, the digital economy is the economy”. Achieving commitments across the digital economy ensures that the benefits flow to the widest number of current and future exporters. Backed up by simple and easy-to-use rules, opportunities can be more easily accessed by SMEs, including in the regions. DEPA also includes specific modules on digital inclusion and SME cooperation, which will be beneficial to Māori.
The DEPA contains a range of ‘Exceptions’, as we have done with other trade agreements. These exceptions allow Parties to justify actions that would otherwise violate obligations in the agreement. Of particular importance to New Zealand, the DEPA includes an exception for the Treaty of Waitangi that, combined with other provisions in the Agreement, protects the capacity of the Crown to implement domestic policies that fulfil its obligations to Māori, including under the Treaty of Waitangi. Other exceptions cover a range of areas, including national security, taxation, national treasures of artistic, historic or archaeological value, and situations involving serious balance of payments difficulties.
DEPA does not include Investor-State dispute settlement or investment protection. The Ministry of Foreign Affairs and Trade (MFAT) is committed to engaging with Māori as a Treaty partner under Te Tiriti o Waitangi and this has been reflected in the approach taken to engagement on the negotiations on the DEPA.