Review of the Temporary Safeguard Authorities Act 1987

The government has carried out a review of the Temporary Safeguard Authorities Act 1987. This Act provides for inquiries to be undertaken into sudden increases in imported goods by Temporary Safeguard Authorities and for recommendations to be made to the Minister of Commerce about whether urgent temporary safeguard measures should be imposed to allow the domestic industry to adjust to increased competition from imports. A discussion paper on this review was released on 3 July 2006. Public comment is invited. The closing date for submissions was 4 September 2006.

Policy decisions were made by Cabinet in April 2007 arising out of the analysis of submissions on the discussion paper. The key decisions are:

New Zealand should maintain a WTO based safeguards regime.
Introducing guidelines for determining whether the application of a safeguard measure is in the public interest.
Authorising the Minister of Commerce to apply a separate provisional and final safeguard duty.
Authorising the Minister of Commerce to extend, liberalise and terminate a safeguard duty.
Extending the current 30 working day timeframe for the completion of a safeguard investigation to 75 working days, or 85 working days if provisional measures are requested.

As a result of these policy decisions a bill entitled the Trade (Safeguard Measures) Bill was drafted. This bill was introduced into Parliament on 9 September 2008, had its first reading on 11 March 2009 and was referred to the Foreign Affairs, Defence and Trade Select Committee. Details of the Select Committee process and a copy of the bill can be found on the New Zealand Parliament website.

Review of the Temporary Safeguard Authorities Act 1987: A Discussion Paper
Discussion paper on the review of the Temporary Safeguard Authorities Act 1987 detailing a range of proposals to improve the operation of the Act. Submissions close 4 September 2006.

Regulatory Impact Statement - Review of the Temporary Safeguard Authorities Act
Regulatory impact statement on the proposed changes to New Zealand's safeguards regime.

Cabinet Papers
Cabinet papers relating to the Review of the Temporary Safeguard Authorities Act 1987.

Media Statements
Media statements relating to the Review of the Temporary Safeguard Authorities Act 1987.