New Zealand - General Notes - Annexe 7 doc report

The following General Notes apply without exception to this Agreement, including to Annexes 1 through 6.

1 This Agreement does not cover: Voir plus/moins

a for greater certainty, governmental provision of goods and services to persons or governmental authorities not specifically covered under the Annexes to this Agreement;

b procurement of goods or services in respect of contracts for construction, refurbishment or furnishing of chanceries abroad;

c procurement of goods or services outside the territory of New Zealand for consumption outside the territory of New Zealand;

d for greater certainty under Article II:3(b), commercial sponsorship arrangements;

e any procurement made by an entity covered under this Appendix on behalf of an organisation that is not an entity covered under this Appendix;

f procurement by an entity covered under this Appendix from another entity covered under this Appendix, except where tenders are called, in which case, this Agreement shall apply; and

g any procurement for the purposes of developing, protecting or preserving national treasures of artistic, historic, archaeological value of cultural heritage.

2 For greater certainty, a procuring entity may apply limited tendering procedures under Article XIII:1(b) (ii) and (iii) in relation to unsolicited unique proposals.1

3 Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other Members or as a disguised restriction on trade in goods and services, nothing shall preclude the adoption by New Zealand of measures it deems necessary to accord more favourable treatment to Māori in respect of matters covered by this Agreement including in fulfilment of its obligations under the Treaty of Waitangi.

4 The interpretation of the Treaty of Waitangi, including as to the nature of the rights and obligations arising under it, shall not be subject to the dispute settlement provisions of this Agreement.

1 As defined and handled according to the New Zealand Government guidance document, "Unsolicited Unique Proposals – How to deal with uninvited bids" (May 2013), updated from time to time.