New Zealand Legislation: Bills

6 New sections 7 to 7B substituted

• Sections 7 and 7A are repealed and the following sections substituted:

  “7 Application of Tariff

  • “(1) The Tariff applies to goods in a Tariff item that are the product or manufacture of a preferential country at the rate specified either—

    • “(a) in the column of the Tariff headed Preferential Tariff after a preferential abbreviation; or

    • “(b) in some other way in the Tariff by reference to a preferential abbreviation or to a preferential country (for example, in a footnote or other indicator).

    “(1) The Tariff applies to goods in a Tariff item that are the product or manufacture of a preferential country at the rate—

    • “(a) specified after the preferential abbreviation (if any) in the column of the Tariff headed Preferential Tariff; or

    • “(b) specified in some other way (for example, in a footnote or other indicator) in the Tariff by reference to the preferential country or the preferential abbreviation.

    “(2) The liability to duty of any goods that are the produce or manufacture of a country must, for the purposes of this section, be determined according to the status of that country at the time when the goods are imported into New Zealand.

    “(3) In this section, unless the context otherwise requires,—

    “preferential abbreviation means an abbreviation listed in note 3 of Schedule 1 that relates to a country

    “preferential country means a country listed in note 3 of Schedule 1.

    “(3) In this section, unless the context otherwise requires,—

    “preferential abbreviation, in relation to a preferential country listed or described in the first column of note 3 of Schedule 1, means the abbreviation specified opposite that country in the second column of that note

    “preferential country means a country listed or described in the first column of note 3 of Schedule 1.

  “7A Orders in Council about preferential countries

  • “(1) The Governor-General may, by Order in Council, do all or any of the following:

    • “(a) declare a country that is a party to the AANZFTA to be a specified AANZFTA party for the purposes of this Act:

    • “(b) declare a country to be a specified TPA party for the purposes of this Act if the country—

      • “(i) is a party to the TPA; or

      • “(ii) is provisionally applying the terms of the TPA:

    • “(c) declare a country to be, or not to be, a least developed country for the purposes of this Act:

    • “(d) declare a country to be, or not to be, a less developed country for the purposes of this Act.

    “(2) The Governor-General may, by an Order in Council making a declaration under subsection (1) about a country or any other Order in Council relating to that country,—

    • “(a) declare that, in relation to any specified Tariff items, any rate of duty or exemption from duty otherwise applicable to that country is not to apply to that country:

    • “(b) modify, in whole or in part, the Tariff rates of duty applicable to goods from that country.

    “(3) No modification under subsection (2)(b) relating to a specified TPA party or a specified AANZFTA party may have the effect of imposing on any goods a higher duty than that set out in respect of those goods in the Normal Tariff, unless the Governor-General is satisfied that the modification is—

    • “(a) necessary or advisable in the public interest; and

    • “(b) consistent with New Zealand's international obligations.

    “(4) No modification under subsection (2)(b) relating to a less developed country or a least developed country may have the effect of imposing on any goods a higher duty than that set out in respect of those goods in the Normal Tariff.

  “7B Evidence of whether South Pacific Regional Trade and Economic Co-operation Agreement is in force in relation to country

  • “(1) A certificate given by the Secretary of Foreign Affairs and Trade to the effect that any country is or is not one in relation to which, at the time of the importation or entry of the goods into New Zealand, the South Pacific Regional Trade and Economic Co-operation Agreement was in force for the purposes of this Act is conclusive evidence of that fact.

    “(2) Any court or any person acting judicially to which or to whom, in any proceeding, any certificate under subsection (1) is produced must take judicial notice of the signature on it of the Secretary of Foreign Affairs and Trade.

    “(3) For the purposes of this section,—

    “court includes the Supreme Court, the Court of Appeal, the High Court, and any District Court

    “District Court includes—

    • “(a) a Family Court; and

    • “(b) a Youth Court

    “person acting judicially means any person having in New Zealand by law authority to hear, receive, and examine evidence

    “proceeding means—

    • “(a) a proceeding conducted by a court; and

    • “(b) any interlocutory or other application to a court connected with a proceeding.”