Presence of Natural Persons. No commitments other than on certain categories of intra-corporate transferees (ie natural persons employed by a service supplier of the other Party supplying services through a commercial presence) and business visitors as defined below. For intra-corporate transferees the following conditions apply: Executives and senior managers (ie senior employees of an organisation who have been employed for at least 12 months prior to proposed transfer to New Zealand and who are responsible for the entire or a substantial part of an organisation's operations in New Zealand and receive general supervision or direction from higher level executives, board directors or stockholders): an initial period of stay of up to 3 years; Specialist and/or senior personnel (ie persons being transferred to undertake a specific or specialist task at senior level within the company): an initial period of stay of up to 12 months; Specialist personnel (ie natural persons who have been employed by an organisation for at least 12 months prior to proposed transfer to New Zealand and who possess trade, technical or professional skills responsible for a particular aspect of an organisation's operations in New Zealand): an initial period of stay of up to 3 years; Installers and servicers (ie installers and servicers of machinery /equipment where such installation or servicing is a condition of the purchase of the machinery/equipment): for periods of stay not exceeding 3 months in any 12 month period. For business visitors (ie service sellers representing a service supplier of the other Party seeking temporary entry to negotiate for the sale of services where these do not involve direct sales to the general public) the following conditions apply: for a period or periods not exceeding 3 months in any calendar year. Overseas Investment National treatment in the establishment of commercial presence is subject to the Overseas Investment Regulations 1995, issued under the Overseas Investment Act 197313. These provide that Overseas Investment Commission (OIC) approval is required for the following investments by an overseas person:
Presence of Natural Persons consists of persons of one Member entering the territory of another Member to supply a service (e.g. accountants, doctors or teachers). The Annex on Movement of Natural Persons specifies, however, that Members remain free to operate measures regarding citizenship, residence or access to the employment market on a permanent basis. The supply of many services is possible only through the simultaneous physical presence of both producer and consumer. There are thus many instances in which, in order to be commercially meaningful, trade commitments must extend to cross-border movements of the consumer, the establishment of a commercial presence within a market, or the temporary movement of the service provider himself.
Presence of Natural Persons. No commitments other than on certain categories of intra-corporate transferees (i.e. natural persons employed by a service supplier of the other Party supplying services through a commercial presence) and business visitors as defined below. For intra-corporate transferees the following conditions apply: Executives and senior managers (i.e. senior employees of an organisation who have been employed for at least 12 months prior to proposed transfer to New Zealand and who are responsible for the entire or a substantial part of an organisation’s operations in New Zealand and receive general supervision or direction from higher level executives, board directors or stockholders): an initial period of stay of up to 3 years; Specialist and/or senior personnel (i.e. persons being transferred to undertake a specific or specialist task at senior level within the company): an initial period of stay of up to 12 months; Specialist personnel (i.e. natural persons who have been employed by an organisation for at least 12 months prior to proposed transfer to New Zealand and who possess trade, technical or professional skills responsible for a particular aspect of an organisation’s operations in New Zealand): an initial period of stay of up to 3 years; Installers and servicers (i.e. installers and servicers of machinery /equipment where such installation or servicing is a condition of the purchase of the machinery/equipment): for periods of stay not exceeding 3 months in any 12 month period. For business visitors (i.e. service sellers representing a service supplier of the other Party seeking temporary entry to negotiate for the sale of services where these do not involve direct sales to the general public) the following conditions apply: for a period or periods not exceeding 3 months in any calendar year. Overseas Investment National treatment in the establishment of commercial presence is subject to the Overseas Investment Regulations 1995, issued under the Overseas Investment Act 197313. These provide that Overseas Investment Commission (OIC) approval is required for the following investments by an overseas person: 13 The OIC, in determining whether to grant approval, acts in accordance with a screening regime (a non-legally binding description of which is contained in Annex 3 on Investment Limitations) which may be adjusted or replaced from time to time by New Zealand Government legislation, regulation or policy setting.
