Ministry of Foreign Affairs & Trade | 195 Lambton Quay, Private Bag 18 901, Wellington 5045, New Zealand
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Protocol on the Accession of the United Kingdom to the Comprehensive Agreement for Trans-Pacific Partnership
Treaty Type:
Bilateral/Plurilateral
Common Name:
CPTPP UK Accession Protocol
Responsible Department:
Foreign Affairs and Trade
Administering Department:
Foreign Affairs and Trade
Treaty Summary:
The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) has been in force since 30 December 2018. On 1 February 2021 the UK formally requested to commence negotiations on acceding to the CPTPP. On 2 June 2021, CPTPP Parties agreed to commence accession negotiations with the UK. Substantive conclusion of negotiations was jointly announced by CPTPP Ministers and the United Kingdom on 31 March 2023.
The result of the negotiations is the Protocol for the Accession of the United Kingdom of Great Britain and Northern Ireland to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (the Protocol). This is a treaty-level instrument that will amend the CPTPP to include the United Kingdom in the Agreement. The original CPTPP rules have not been subject to further negotiation as part of the UK’s accession process, and will not change as a result of the UK’s accession to the Agreement.
The Protocol sets out the obligations that will apply between the UK and the original CPTPP Parties, when the Protocol enters into force. The UK’s accession to CPTPP will mean that the obligations and other commitments that the original CPTPP Parties made to each other under the CPTPP Agreement will be extended to the UK. None of New Zealand’s CPTPP obligations and none of the exceptions or other flexibilities in CPTPP that New Zealand relies on will be changed as a result of the UK’s accession to CPTPP.
NZ Adherence Status:
In Progress
Negotiation Status:
CPTPP Members and the United Kingdom signed the Protocol on 16 July 2023 during the CPTPP Commission in Auckland.
Organisation:
Ministry of Foreign Affairs and Trade
Is Signed By NZ:
Yes
Signature Date:
16/07/2023
Ratified or Signed:
No
Requires Ratification:
Yes
NZ Territorial Applications:
None
Information about required Legislation:
In order to implement New Zealand’s obligations under the Protocol and provide certainty to importers and UK investors, minor amendments are required to the Tariff (Specified CPTPP Parties) Order 2018 and the Overseas Investment Regulations 2005. Given that New Zealand’s goods and investment market access commitments in CPTPP are effectively the same as the goods and investment market access commitments in the NZ-UK FTA, the UK will not receive new or greater market access than what it already receives under the NZ-UK FTA.
Impacts on Maori:
Treaty of Waitangi
As the founding document of New Zealand, the Treaty of Waitangi is fundamental to the on-going relationship between the Crown and Māori. All of New Zealand’s FTAs since 2001, including the CPTPP (and the UK’s Accession Protocol), have provided extra protection to ensure that the unique relationship between the Crown and Māori is preserved. The Treaty of Waitangi exception provides clarity that the Crown will continue to meet its obligations to Māori, including under the Treaty of Waitangi. It is designed to work alongside other provisions to ensure that successive governments retain flexibility to implement domestic policies that favour Māori without being obliged to offer equivalent treatment to overseas entities. The exception applies in respect of matters covered by the CPTPP, which includes trade in goods and services, investment, environment, intellectual property and all other matters dealt with in the existing CPTPP and the UK’s Accession Protocol.
Mātauranga Māori
The CPTPP contains safeguards to prevent adverse effects on New Zealand cultural values, including Māori interests, and these safeguards will remain unchanged as a result of the UK’s Accession. In particular, the Protocol does not change the Intellectual Property Chapter, including the provision that allows Parties to establish measures to protect genetic resources, traditional knowledge and folklore consistent with international obligations.
Benefits for Māori business
The growing Māori economy is increasingly involved in international trade. A relatively high share of land and other primary sector assets owned by Māori engage in trade. Furthermore, Māori hold a significant share of primary industry jobs. Altogether, Māori enterprises account for 40% of New Zealand's forestry, 50% of the country’s fishing quota, 30% of sheep and beef production and 10% of dairy production and make up nearly a quarter of the workforce in goods exporting firms in the agriculture, forestry, and fishing industries.
A high proportion of New Zealand’s trade with the UK is in significant sectors for the Māori economy. The elimination of tariffs on New Zealand exports to the UK through both the NZ-UK FTA and the UK’s accession to CPTPP will improve goods market access for many products of most relevance to Māori export businesses, including red meat, fish and seafood products, dairy, horticulture products and honey, creating new export and diversification opportunities.
Impacts on Stakeholders:
MFAT conducted a consultation process in 2021 to seek the public’s views on priority interests and potential concerns regarding accession of any new Members to the CPTPP. The public consultation process in 2021 resulted in 54 full submissions and over 170 social media comments were received, with submitters including individuals, academics and industry bodies.
In addition to this process, in 2021/22/23 MFAT leveraged established consultation opportunities with business / industry peak bodies, union organisations, and Māori to provide regular updates on the status of UK accession negotiations.
• Updates on the negotiations process were published on the MFAT and Beehive website and shared through MFAT and other industry group newsletters and public communications.
• The UK’s CPTPP accession was discussed during a range of MFAT’s planned programme of public information sessions on New Zealand’s FTAs, including at a public engagement / Q&A session hosted by MFAT in the immediate aftermath of the first CPTPP Senior Officials Meeting in February 2023. Over 50 stakeholders and Treaty partner representatives attended the session providing feedback reflected in section 9.2.
• The MFAT webpage provides detailed information and documents relating to the existing CPTPP agreement as well as the accession process. It also provides contact details for the public to share their views.
Link To Legislation:
Treaty Text Link:
Contact Information:
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