Trade secrets are not statutorily protected under New Zealand civil law, but they may be protected by contract and through a common law breach of confidence action. Under Section 230 of the Crimes Act 1961, misappropriation of a trade secret, with the intent to obtain a financial or economic advantage or to cause loss to another, is a crime punishable by up to five years in prison. In addition, the crime of accessing a computer system for a dishonest purpose to obtain property may apply to digital files, which is punishable by up to seven years in prison (Section 249).

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.

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.

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.

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.

New Zealand has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

It has been reported that New Zealand lacks a telecommunications authority whose decision-making process is entirely independent of government influence. The Ministry of Business, Innovation and Employment (MBIE) is responsible for shaping the telecommunications regulatory framework, which includes establishing the rules governing the operations of telecommunications companies and ensuring product compliance. In addition, the New Zealand Commerce Commission plays a key role in overseeing competition within the telecommunications sector and regulating certain services. It holds the authority to recommend whether services should be regulated or deregulated. As an independent statutory body, the Commission is tasked with enforcing the Commerce Act and is primarily accountable to the Minister of Commerce and Consumer Affairs for its operational performance and outcomes. The Commission may also set terms and conditions, including pricing, for regulated services through Standard Terms Determinations. Furthermore, it possesses the power to mandate the availability of industry-wide services, such as number portability, impose information disclosure obligations, and implement structural remedies, including the separation of services. Although the Commerce Commission operates independently, the Minister for Communications retains the authority to accept or reject the Commission's recommendations on regulating or deregulating services. Additionally, the Minister may issue a "statement of economic policy," which the Commission is required to consider in its decision-making process.

There are no foreign ownership limitations in sectors relevant for digital trade.

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.

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.

New Zealand is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).

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.

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).