Page 469 - Regional Comprehensive Economic Partnership (RCEP)

(c) not exceed those necessary to deal with the circumstances Article 17.16: Treaty of Waitangi
described in subparagraph 1(b) or paragraph 2;
1. Provided that such measures are not used as a means of arbitrary
(d) be temporary and be phased out progressively as the or unjustified discrimination against persons of the other Parties
situation specified in subparagraph 1(b) or paragraph 2 or as a disguised restriction on trade in goods, trade in services
improves; and and investment, nothing in this Agreement shall preclude the
adoption by New Zealand of measures it deems necessary to
(e) be applied on a non-discriminatory basis such that no Party accord more favourable treatment to Māori in respect of matters
is treated less favourably than any other Party or a non- covered by this Agreement, including in fulfilment of its obligations
Party. under the Treaty of Waitangi.

4. With respect to trade in services and investment: 2. The Parties agree that the interpretation of the Treaty of Waitangi,
including as to the nature of the rights and obligations arising
(a) it is recognised that particular pressures on the balance of under it, shall not be subject to the dispute settlement provisions
payments of a Party in the process of economic of this Agreement. Chapter 19 (Dispute Settlement) shall
development or economic transition may necessitate the otherwise apply to this Article. A panel established under Article
use of restrictions to ensure, inter alia, the maintenance of 19.11 (Establishment and Reconvening of a Panel) may be
a level of financial reserves adequate for the requested to determine only whether any measure referred to in
implementation of its programme of economic paragraph 1 is inconsistent with a Party’s rights under this
development or economic transition; Agreement.

(b) in determining the incidence of such restrictions, a Party
may give priority to economic sectors which are more
essential to its economic or development programmes.
However, such restrictions shall not be adopted or
maintained for the purposes of protecting a particular
sector.

5. Any restriction adopted or maintained by a Party under paragraph
1 or 2, or any change thereto, shall be notified promptly to the
other Parties.

6. A Party adopting or maintaining any restriction under paragraph
1 or 2 shall:

(a) in the case of investments, respond to any other Party that
requests consultations in relation to the restrictions
adopted by it, if such consultations are not otherwise taking
place outside this Agreement;

(b) in the case of trade in services, promptly commence
consultations with any other Party that requests
consultations in relation to the restrictions adopted by it, if
such consultations are not taking place at the WTO.

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