NEW ZEALAND
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that there is no obligation for passive infrastructure sharing in New Zealand to deliver telecom services to end users. However, it is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
NEW ZEALAND
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory accounting separation for dominant network operators
It is reported that New Zealand does not mandate accounting separation for operators with significant market power (SMP) in the telecom market. However, Under the Telecommunications Act, functional separation is mandated for operators with significant market power.
Coverage Telecommunications sector
NEW ZEALAND
Since September 2001, last amended in December 2020
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Telecommunications Act 2001
Interconnection with and pricing to networks are regulated under Schedule 1 of the Telecommunications Act 2001. The 2011 amendments to the Telecommunications Act introduced information disclosure requirements for the companies building the ultrafast broadband fibre network and Chorus. The companies are required to meet annual reporting requirements, assurance requirements, certificates and statutory declarations, and data retention requirements.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20220305142946/https://www.legislation.govt.nz/act/public/2001/0103/latest/DLM124961.html#DLM127744
- https://web.archive.org/web/20220131160840/https://comcom.govt.nz/regulated-industries/telecommunications/commissions-role-in-telecommunications
- https://web.archive.org/web/20221020150720/https://comcom.govt.nz/regulated-industries/telecommunications/regulated-services/fibre-regulation/ultrafast-broadband-information-disclosure
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NEW ZEALAND
Since November 2013
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Telecommunications (Interception Capability and Security) Act 2013
The Telecommunications (Interception Capability and Security) Act 2013 creates upon a network operator 1) a duty to implement full interception capability (Section 9) and 2) a duty to assist a surveillance agency upon an inception warrant or any other lawful interception authority (Section 24). In order to comply with the assistance duty, a network operator must decrypt telecommunication on that operator’s public telecommunications network or telecommunications service "if (a) the content of that telecommunication has been encrypted; and (b) the network operator intercepting the telecommunication has provided that encryption."
However, this does not require a network operator to "(a) decrypt any telecommunication on that operator’s public telecommunications network or telecommunications service if the encryption has been provided by means of a product that is (i) supplied by a person other than the operator and is available to the public or (ii) supplied by the operator as an agent for that product; and (b) ensure that a surveillance agency has the ability to decrypt any telecommunication.
Nevertheless, the existence of these duties together practically means that network operators cannot design and implement end-to-end encryption. A joint communique called International Statement - End-to-End Encryption and Public Safety - expressed concern about the challenges that end-to-end encryption will pose to law enforcement but at the same time acknowledged privacy, cybersecurity, and intellectual property protection. The government' stated that it is committed to collaborating with the industry to develop "reasonable proposals" on this issue.
However, this does not require a network operator to "(a) decrypt any telecommunication on that operator’s public telecommunications network or telecommunications service if the encryption has been provided by means of a product that is (i) supplied by a person other than the operator and is available to the public or (ii) supplied by the operator as an agent for that product; and (b) ensure that a surveillance agency has the ability to decrypt any telecommunication.
Nevertheless, the existence of these duties together practically means that network operators cannot design and implement end-to-end encryption. A joint communique called International Statement - End-to-End Encryption and Public Safety - expressed concern about the challenges that end-to-end encryption will pose to law enforcement but at the same time acknowledged privacy, cybersecurity, and intellectual property protection. The government' stated that it is committed to collaborating with the industry to develop "reasonable proposals" on this issue.
Coverage Telecommunications sector
Sources
NEW ZEALAND
Since April 1994
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
New Zealand has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230921121934/https://www.wto.org/english/tratop_e/serv_e/telecom_e/sc62.pdf
- https://web.archive.org/web/20220307092617/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
- https://web.archive.org/web/20220119043046/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_highlights_commit_exempt_e.htm#country
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NEW ZEALAND
Since August 2015
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
WTO Agreement on Government Procurement (GPA)
New Zealand is a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), and its commitments also cover the services sectors considered most important for digital trade, namely telecommunication services (CPC752), telecommunication-related services (CPC 754), and computer and related services (CPC 84).
Coverage Horizontal
NEW ZEALAND
Since August 2005
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Overseas Investment Act 2005
There are no foreign ownership limitations in sectors relevant for digital trade.
Coverage Horizontal
NEW ZEALAND
Since September 1993, as amended in May 2015, last amended in November 2022
Since July 1994, last amended in June 2019
Since July 1994, last amended in June 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Companies Act 1993
Companies Act Regulations 1994
Companies Act Regulations 1994
According to Section 10 of the Companies Act 1993 (introduced in May 2015 by the Companies Amendment Act 2015), any company incorporated in New Zealand is required to have at least one director living in New Zealand or living in an 'enforcement country' and is a director of a company that is registered in that enforcement country. Per Section 12 of the Companies Act Regulations 1994, the only enforcement country currently named in the regulations is Australia. The residency requirement does not apply to a branch of an overseas company registered in New Zealand that merely "carries on business" in New Zealand, as defined in Section 332 of the Companies Act.
Coverage Horizontal
NEW ZEALAND
Since August 2005
Since June 2020
Since June 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Overseas Investment Act 2005
Overseas Investment (Urgent Measures) Act 2020
Overseas Investment (Urgent Measures) Act 2020
New Zealand has imposed a three-stage screening process for foreign investments (FDI). According to Section 11 of the Overseas Investment Act of 2005, foreign investors seeking to acquire a significant business asset must obtain consent. Section 13 defines a significant business asset as an investment involving 25% or greater ownership or exceeding NZD 100 million (approx. USD 71 million). Section 18 specifies the approval criteria (known as the investor test), which assess the investor’s business experience and financial capability to manage the investment.
Additionally, FDI may be subject to a national interest test under the Urgent Measures Act of 2020. As per Section 20C, if a transaction is deemed contrary to the national interest, consent may be denied. Section 20A specifies that transactions subject to this test include investments in strategically important sectors, such as telecommunications infrastructure and media entities, as outlined in the Guidance Note.
Lastly, investment activities may also be subject to "call-in transactions," where the government has the authority to block, impose conditions on, or mandate the disposal of investments if they are deemed to pose a threat to national security or public order, as detailed in Part 3 of the Urgent Measures Act.
Additionally, FDI may be subject to a national interest test under the Urgent Measures Act of 2020. As per Section 20C, if a transaction is deemed contrary to the national interest, consent may be denied. Section 20A specifies that transactions subject to this test include investments in strategically important sectors, such as telecommunications infrastructure and media entities, as outlined in the Guidance Note.
Lastly, investment activities may also be subject to "call-in transactions," where the government has the authority to block, impose conditions on, or mandate the disposal of investments if they are deemed to pose a threat to national security or public order, as detailed in Part 3 of the Urgent Measures Act.
Coverage Significant business assets or strategically important businesses
Sources
- https://web.archive.org/web/20230127070035/https://www.legislation.govt.nz/act/public/2005/0082/33.0/DLM356881.html
- https://web.archive.org/web/20221006013923/https://www.legislation.govt.nz/act/public/2020/0021/latest/LMS342288.html
- https://web.archive.org/web/20221119063705/https://www.treasury.govt.nz/sites/default/files/2020-05/for-invest-policy-nat-interest-guidance-may20-v2.pdf
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NEW ZEALAND
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.46%
Coverage rate of zero-tariffs on ICT goods (%)
77.36%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
NEW ZEALAND
Since March 1997
Since December 2015
Since December 2015
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA I)
ITA Expansion Agreement (ITA II)
ITA Expansion Agreement (ITA II)
New Zealand is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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NEW ZEALAND
Since October 2019
Since December 2020
Since December 2020
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Government Procurement Rules
Progressive Procurement Policy
Progressive Procurement Policy
Under Rule 17 of the Government Procurement Rules, agencies must consider how they can create opportunities for New Zealand businesses, including Māori, Pasifika and regional businesses, as well as social enterprises. According to the Progressive Procurement Policy announced in December 2020, agencies need to ensure that at least 8% of the total number of annual procurement contracts are awarded to Māori businesses. According to the law, a Māori business for government procurement purposes is (i) one that has at least 50% Māori ownership or (ii) a Māori Authority as defined by the Inland Revenue Department.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231225192737/https://www.procurement.govt.nz/assets/procurement-property/documents/government-procurement-rules.pdf
- https://web.archive.org/web/20230927013416/https://www.procurement.govt.nz/broader-outcomes/increasing-access-for-new-zealand-businesses/
- https://web.archive.org/web/20231114084408/https://www.tpk.govt.nz/en/a-matou-whakaarotau/maori-economic-resilience/progressive-procurement
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NEPAL
Since January 2023
Since July 2018
Since July 2018
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Unified Directives Related to Payment Systems 2079 (भुक्तानी प्रणाली सम्बन्धी एकीकृत निर्देशन – २०७९)
Nepal Rastra Bank Directive of 2018
Nepal Rastra Bank Directive of 2018
Under the Unified Directives Related to Payment Systems 2079, specific transaction limits are imposed on electronic transactions, encompassing those conducted via mobile banking, internet banking, and e-wallets. The daily transaction limit for mobile banking, including QR code payments, is set at NPR 300,000 (approx. USD 2,200), while internet banking transactions are capped at NPR 2 million (approx. USD 14,800) per day. Additionally, users can transfer up to NPR 200,000 (approx. USD 1,500) per day and NPR 1 million (approx. USD 7,400) per month from a bank account to an e-wallet. Similarly, transfers from e-wallets to bank accounts are restricted to NPR 200,000 (approx. USD 1,500) per day and NPR 1 million (approx. USD 7,400) per month. Transfers between e-wallets are limited to NPR 50,000 (approx. USD 370) per day and NPR 500,000 (approx. USD 3,700) per month.
The Nepal Rastra Bank, serving as Nepal's Central Bank, has established these ceilings on maximum daily and monthly electronic transaction amounts through various directives, starting with one issued in 2018.
The Nepal Rastra Bank, serving as Nepal's Central Bank, has established these ceilings on maximum daily and monthly electronic transaction amounts through various directives, starting with one issued in 2018.
Coverage Electronic transactions
Sources
- https://web.archive.org/web/20241207213033/https://www.nrb.org.np/psd/psd-unified-directive-2079/
- https://web.archive.org/web/20241115162933/https://www.nrb.org.np/contents/uploads/2019/12/Threshold_Limit_20750331.pdf
- https://khatapana.com/blogs/38/unified-directives-relating-to-payments-systems-in
- https://web.archive.org/web/20241207214311/https://risingnepaldaily.com/news/22163
- https://sim.oecd.org/Simulator.ashx?lang=En&ds=DGSTRI&d1c=all&d2c=npl
- https://web.archive.org/web/20241207214415/https://myrepublica.nagariknetwork.com/news/nrb-sets-limits-on-transaction-through-digital-payment-channels/
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NEPAL
Since August 2015, last amended in June 2020
Since June 2016
Since June 2016
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Payment and Settlement By-Laws, 2015
Licensing Policy for Institution/Mechanism Operating Payment Related Activities, 2016
Licensing Policy for Institution/Mechanism Operating Payment Related Activities, 2016
According to Chapter 3 of the Payment and Settlement By-Laws of 2015, payment-related service providers are required to register a company in Nepal. Furthermore, under the Licensing Policy for Institutions/Mechanisms Operating Payment-Related Activities, providers must obtain a license from Nepal Rastra Bank (NRB), the central bank of Nepal, to operate as either a Payment Service Provider (PSP) or a Payment System Operator (PSO). PSPs are institutions that offer payment services through electronic means, including domestic money transfer and bill payment services for goods and services. PSOs are institutions involved in the operation, control, and clearing of payment-related activities.
It is reported that the Payment and Settlement By-Law 2020, issued by NRB in June 2020, supersedes the previous regulation. However, it is reported that the requirement to obtain a license from Nepal's central bank to operate as either a PSP or PSO remains in effect. The legal text is not available online.
It is reported that the Payment and Settlement By-Law 2020, issued by NRB in June 2020, supersedes the previous regulation. However, it is reported that the requirement to obtain a license from Nepal's central bank to operate as either a PSP or PSO remains in effect. The legal text is not available online.
Coverage Online payment services
Sources
- https://web.archive.org/web/20241115163026/https://www.nrb.org.np/contents/uploads/2019/12/Payment_and_Settlement_Bylaws_1st_amendment_adjusted_0730326.pdf
- https://web.archive.org/web/20221001105043/https://www.nrb.org.np/contents/uploads/2019/12/Licensing_Policy_in_English-2016.pdf
- https://web.archive.org/web/20240225011645/https://www.nrb.org.np/contents/uploads/2023/02/Payment-Oversight-Report-2021-22_Final.pdf
- https://web.archive.org/web/20231015024145/https://www.nrb.org.np/contents/uploads/2020/08/NRB-News-Vol.39-20770418.pdf
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