Database

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NEW ZEALAND

Since September 2014

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Patents Regulations 2014
To file a patent application in New Zealand, an address for service in New Zealand or Australia and a communication address (email address) are required under the Patents Regulations 2014 (Sections 3, 34). The address for service can be a business or residential address, post office box or document exchange box located in New Zealand or Australia. Any applicant may be represented by a patent attorney authorised to practice before the Office, and the address for service should normally be that of a registered patent attorney (Subpart 4).
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'NZ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"85738"},{"post_id":"85739"},{"post_id":"85740"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'NZ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'NZ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"0.00"}]

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

NEW ZEALAND

Since March 1997
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)
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

NEW ZEALAND

Since October 2019
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
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

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

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
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

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
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.
Coverage Significant business assets or strategically important businesses

NEPAL

N/A

Pillar Online sales and transactions  |  Indicator Restrictions on domain names
Policy for Domain Name Registration Under NP CCTLD
According to the policy for domain name registration under NP CCTLD, only foreign companies that register in Nepal or register their trade name (trademark) with the government can register a '.np' domain.
Coverage Horizontal

NEPAL

Since November 2023

Pillar Online sales and transactions  |  Indicator Local presence requirements for digital services providers
Directives on the Operation of Social Networking, 2023 (सामाजिक सञ्जालको प्रयोगलाई व्यवस्थित गर्ने निर्देशिका, २०८०)
The Nepali government has mandated that social network platforms (SNPs) such as Facebook, TikTok, and YouTube must register and establish offices in Nepal. According to Art. 6 of the "Directives on the Operation of Social Networking 2023", SNP operators must arrange a point of contact within Nepal to address grievances related to the use of social networks. Additionally, any SNP that does not have an office in Nepal at the commencement of these Directives must establish an office or designate a contact person within three months. Pursuant to Art. 3.7, the Ministry of Communications and Information Technology may ban any SNP from operating in Nepal if it does not comply with these requirements.
Art. 2 of the Directive defines SNPs as Internet or information technology-based operating systems available to the public, such as Facebook, TikTok, Viber, Pinterest, WhatsApp, Messenger, Instagram, YouTube, LinkedIn, WeChat, and others, that allow individuals or organisations to exchange ideas or information with each other or to disseminate user-created content.
Coverage Social network platforms

NEPAL

Since September 2018
Since December 2006

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Protection Act, 2075 (2018) (उपभोक्ता संरक्षण ऐन, २०७५)

Electronic Transactions Act, 2063 (2008) (विद्युतीय (इलेक्ट्रोनिक) कारोबार ऐन, २०६३)
The Consumer Protection Act and the Electronic Transactions Act provide a comprehensive framework for consumer protection that also applies to online transactions. The Law on Electronic Transactions regulates electronic communications and records, and it establishes the legal provisions aimed at authenticating and regulating electronic data. It also creates a secure and authentic method of electronic communication while addressing the regulation of all issues related to electronic transactions.
Coverage Horizontal

NEPAL

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Nepal has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

NEPAL

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Nepal has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

NEPAL

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Nepal has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

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