To: The Commerce Commission
Pursuant to section 19A of the Telecommunications Act 2001, I hereby transmit to the Commerce Commission the following statement of the economic policy of the Government concerning New Zealand’s international commitments in relation to telecommunications.
Government Policy Statement
International commitments in the telecommunications domain
1. The Telecommunications Act 2001 as amended in 2006 provides for a competitive market for telecommunications services in New Zealand and mandates an important, pro-active role for the Commerce Commission in achieving this objective.
2. Through bilateral and multilateral international agreements and arrangements, New Zealand has made and continues to make commitments in respect of the regulation of telecommunications services.
Economic Policy Statement
3. It is the economic policy of the Government that decisions concerning the regulation of telecommunications services should be consistent with, and take full account of, New Zealand’s relevant international commitments, as expressed in bilateral and multilateral international instruments in effect in New Zealand.
4. In the Government’s view, compliance with these commitments facilitates trade in telecommunications goods and services, assists the development of telecommunications infrastructure, and promotes competition in telecommunications markets for the long-term benefit of end-users of telecommunications services within New Zealand.
5. As at the date of this statement, the bilateral and multilateral international instruments in effect in New Zealand relevant
to the regulation of telecommunications services include but are not limited to:
(a) International Telecommunications Union (ITU):
(i) Constitution and Convention of the ITU 1992;
(ii) International Telecommunication Regulations;
(iii) International Radio Regulations.
(b) World Trade Organization:
(i) General Agreement on Trade in Services (GATS) 1995, including:
1. GATS Telecommunications Reference Paper 1996;
2. Fourth Protocol to the GATS 1997.
(c) Free Trade Agreements:
(i) Australia-New Zealand Closer Economic Relations Trade Agreement (ANZCERTA) 1983, including its Protocol on Trade in Services;
(ii) Agreement between New Zealand and Singapore on a Closer Economic Partnership (ANZSCEP) 2000;
(iii) Trans-Pacific Strategic Economic Partnership (Trans-Pacific SEP) 2005 between New Zealand, Chile, Singapore and Brunei Darussalam;
(iv) New Zealand-China Free Trade Agreement (NZ-China FTA) 2008, and notably its Annex 8 on Schedules for Specific Commitments on Services;
(v) ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA) 2008, and notably its Annex on Telecommunications.
(d) Mutual Recognition Instruments:
(i) Trans-Tasman Mutual Recognition Arrangement 1996, including its Annex on Radiocommunications Equipment;
(ii) APEC Telecommunications Equipment Mutual Recognition Arrangement 1998;
(ii) Agreement on Mutual Recognition in Relation to Conformity Assessment between the European Community and New Zealand 1999, including its Sectoral Annex on Telecommunications Terminal Equipment.
Signed at Wellington on the 5th day of February 2009.
STEVEN JOYCE, Minister for Communications and Information Technology.