NEW ZEALAND
Since September 1993, as amended in May 2015, last amended in November 2025
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, last amended in December 2025
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Overseas Investment Act 2005
New Zealand applies foreign investment screening under the Overseas Investment Act 2005. Under Arts. 10 and 11: overseas investors must obtain consent before making investments in sensitive New Zealand assets, including significant business assets. Under Art. 13, an overseas investment in significant business assets includes the acquisition of rights or interests in securities where the overseas person obtains more than 25% ownership or control, or increases an existing interest above that threshold, and where the value of the securities, consideration, or relevant assets exceeds NZD 100,000 (approx. USD 59,000), unless an alternative monetary threshold applies. Under Arts. 18 and 18A, consent for significant business assets requires satisfaction of the investor test, which assesses whether the investor is unsuitable to own or control sensitive New Zealand assets based on character and capability factors.
The regime was amended by the Overseas Investment (Urgent Measures) Amendment Act 2020, which introduced the national interest framework under Arts. 20A–20C and the national security and public order call-in regime under Part 3. Accordingly, transactions involving non-New Zealand government investors or strategically important businesses, including telecommunications infrastructure, media businesses, military or dual-use technology, critical direct suppliers, and certain financial infrastructure, may be reviewed, and consent may be declined where the transaction is contrary to New Zealand’s national interest. In addition, call-in transactions involving strategically important business assets may be blocked, made subject to conditions, or unwound where they pose significant national security or public order risks.
In addition, in December 2025, New Zealand enacted the Overseas Investment (National Interest Test and Other Matters) Amendment Act 2025, which further amended the Overseas Investment Act 2005 by consolidating the national interest, benefit to New Zealand, and investor tests into a single national interest-based pathway. It also requires the regulator to grant consent within 15 working days, unless national-interest risks are identified.
The regime was amended by the Overseas Investment (Urgent Measures) Amendment Act 2020, which introduced the national interest framework under Arts. 20A–20C and the national security and public order call-in regime under Part 3. Accordingly, transactions involving non-New Zealand government investors or strategically important businesses, including telecommunications infrastructure, media businesses, military or dual-use technology, critical direct suppliers, and certain financial infrastructure, may be reviewed, and consent may be declined where the transaction is contrary to New Zealand’s national interest. In addition, call-in transactions involving strategically important business assets may be blocked, made subject to conditions, or unwound where they pose significant national security or public order risks.
In addition, in December 2025, New Zealand enacted the Overseas Investment (National Interest Test and Other Matters) Amendment Act 2025, which further amended the Overseas Investment Act 2005 by consolidating the national interest, benefit to New Zealand, and investor tests into a single national interest-based pathway. It also requires the regulator to grant consent within 15 working days, unless national-interest risks are identified.
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
Since November 2011
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Limit on FDI in Chorus
New Zealand maintains specific limitations on foreign investment in key state-owned companies, including the telecommunications sector. In 2011, Chorus, a major telecommunications infrastructure company, was demerged from Spark New Zealand Limited (Spark), a network provider. Chorus’s constitution states that foreign investments exceeding 49.9% in national telecommunication companies require approval.
Coverage Telecommunications
Sources
- https://web.archive.org/web/20260520205008/https://assets.ctfassets.net/7urik9yedtqc/nzx-doc-450318/a04a875fb30ba26e4c0ee30c35ddb7c8/chorus-annual-report-2025-including-audited-financial-statements.pd...
- https://web.archive.org/web/20210207114504/https://company.chorus.co.nz/file-download/download/public/212
- https://web.archive.org/web/20220601122036/https://www.wto.org/english/tratop_e/tpr_e/s426_e.pdf
- https://web.archive.org/web/20240331123750/https://www.lexology.com/library/detail.aspx?g=d3502aba-ff41-4056-8068-0b41f6833434
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NEW ZEALAND
Since September 1992, entry into force in December 1992
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty
New Zealand is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
NEW ZEALAND
Since December 1994, last amended in 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright Act 1994
The country has a clear regime under the Copyright Act 1994 of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Sections 40-92 list the exceptions which include the use for purposes of criticism, review and news reporting (Section 42), the purposes of research or private study (Section 43), educational purposes (Sections 44 to 48), copying by librarians or archivists (Sections 51 to 56), public administration (Sections 58-66), literary, dramatic, musical, or artistic works (Sections 67 to 78), computer programs, sound recordings, and films (Sections 79 to 81A), communication works (Sections 82 to 91), and adaptations (Sections 92-93).
Coverage Horizontal
NEW ZEALAND
Since December 2018, entry into force in March 2019
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
New Zealand has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
NEW ZEALAND
Since December 2018, entry into force in March 2019
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
New Zealand has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
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
PAKISTAN
Since November 2020
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Circular No. PSD/OS/012554/20 of the State Bank of Pakistan - Blocking of Payments for Subscribing Zee5
Circular No. PSD/OS/012554/20 issued by the State Bank of Pakistan (SBP), entitled "Blocking of Payments for Subscribing Zee5", and addressed to the Presidents and Chief Executive Officers of all banks, electronic money institutions, payment system operators, and payment system providers, states that, following receipt of a communication from the Cabinet Division of the Government of Pakistan, operators must suspend various modes of payment, including credit card transactions, for subscriptions to Indian content within Pakistan, including the Zee5 video-on-demand service. All concerned entities were required to ensure strict compliance with these instructions and to submit their compliance status to the SBP by 13 November 2020.
It is reported that the circular may affect online payment systems, as subscribers are unable to make payments directly from within Pakistan, although the service provider may still receive payments routed through other jurisdictions such as the United Arab Emirates.
It is reported that the circular may affect online payment systems, as subscribers are unable to make payments directly from within Pakistan, although the service provider may still receive payments routed through other jurisdictions such as the United Arab Emirates.
Coverage Online payments
PAKISTAN
Last reported in 2026
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is PKR 5,000 (approx. USD 20), below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
PAKISTAN
Since November 2020, last amended in October 2021
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules 2021
According to Art. 7.6 of the Removal and Blocking of Unlawful Online Content (Procedure, Oversight and Safeguards) Rules 2021, "Significant Social Media Companies" shall: (i) appoint a grievance officer based in Pakistan; (ii) appoint a compliance officer (iii) establish an office in Pakistan with physical address preferably located in Islamabad. According to Art. 2 of the law, a Significant Social Media Company means and includes a Social Media Company with more than half a million users in Pakistan or is on the list specially notified by the Authority for this purpose from time to time
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20231012010218/https://moitt.gov.pk/SiteImage/Misc/files/Removal%20Blocking%20of%20Unlawful%20Online%20Content%20Rules%202021.PDF
- https://web.archive.org/web/20240917144258/https://www.pta.gov.pk/assets/media/notification_sro_18112020.pdf
- https://www.palermo.edu/Archivos_content/2023/cele/papers/Requiring-the-local-presence-of-ICT.pdf
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PAKISTAN
N/A
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection framework
Pakistan lacks a comprehesive framework for consumer protection that applies to online transactions. Nevertheless, several regional laws apply, including the Islamabad Consumer Protection Act (1995), the Khyber Pakhtunkhwa Consumer Protection Act (1997), the Balochistan Consumer Protection Act (2003), and the Punjab Consumers Protection Act (2005).
Coverage Horizontal
Sources
- https://web.archive.org/web/20220519060734/https://na.gov.pk/uploads/documents/1329725797_452.pdf
- https://web.archive.org/web/20230314201429/http://kpcode.kp.gov.pk/uploads/1997_06_THE_KHYBER_PAKHTUNKHWA_CONSUMERS_PROTECTION_ACT_1997_.pdf
- https://web.archive.org/web/20231209153407/http://nasirlawsite.com/laws/bcpa.htm
- https://faolex.fao.org/docs/pdf/pak195698.pdf
- https://web.archive.org/web/20250206173747/https://www.iiu.edu.pk/wp-content/uploads/2023/03/ILR-Vol-6-Issue-2-Article-1-280323.pdf
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PAKISTAN
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
Pakistan has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
PAKISTAN
Since 2002
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Pakistan has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
PAKISTAN
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Pakistan 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
