Information for New Zealand Goods Regulators
This information is intended as a practical guide to the Trans-Tasman Mutual Recognition Arrangement for regulators responsible for regulating the sale of goods in New Zealand.
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Overview
The Trans-Tasman Mutual Recognition Arrangement (TTMRA) is a non-treaty arrangement between the Government of New Zealand, and the Commonwealth, State and Territory Governments of Australia that provides for the mutual recognition of goods and occupational registration. It is implemented into law in New Zealand and Australia under mirror legislation. The New Zealand legislation is the Trans-Tasman Mutual Recognition Act 1997 (TTMR Act)(external link).
The impetus for the TTMRA came from government recognition that there were regulatory impediments to trade between New Zealand and Australia. For goods, these were often in the form of different regulatory standards, and duplicative testing and certification requirements.
The TTMRA promotes economic integration and facilitates the movement of goods across the Tasman. It means greater flexibility, wider choice of products for consumers, and lower business compliance costs for exporters operating on either side of the Tasman. Because of this, the TTMRA is central to driving deeper levels of regulatory policy coordination and integration between Australia and New Zealand, and is a key instrument towards our shared goal of a single economic market.
The TTMRA is a unique example of regulatory cooperation that reflects the close relationship between New Zealand and Australia. It is based on each country having a high level of trust and confidence in the regulatory outcomes of the other and a shared objective of protecting the public, regardless of differences in specific regulatory requirements. There are safeguards built into the TTMRA in the event that there is significant divergence in regulatory approaches or to confirm matters that were not intended to be caught by the TTMRA.
Note:
The TTMRA and the TTMR Act are referenced throughout this section. References to one may also be a reference to the other. If you are a regulator seeking to apply this guidance in New Zealand, first refer to the TTMR Act to check how it applies in your circumstances.
Goods principle
Under the TTMRA:
- A good that is produced in or imported into Australia, that may be legally sold in Australia, can also be legally sold in New Zealand, without having to meet New Zealand sales related regulatory requirements.
- A good that is produced in or imported into New Zealand, that may be legally sold in New Zealand, can also be legally sold in Australia, without having to meet Australian sales related regulatory requirements.
The goods principle means that if a good complies with all regulatory sales requirements in its home jurisdiction (for example product standards, packaging and labelling requirements) it can be sold in the other without additionally having to comply with the destination jurisdiction’s regulatory sales requirements.
New Zealand sales-related regulatory requirements will not apply in respect of Australian goods sold under the TTMR Act unless the goods or the particular regulatory regime is excluded or exempt from the TTMR Act.
Watch the Trans-Tasman Mutual Recognition Arrangement explained: Breaking down trade barriers across the Tasman video for more information.
TTMRA explained: Breaking down trade barriers across the Tasman video
Playing your part
As an agency responsible for regulating goods and their associated compliance requirements, we encourage you to provide clear, accurate, and up to date information for the public, particularly businesses, on the operation of the TTMRA. Doing so will help to ensure that the benefits of the TTMRA are fully realised.
Inadequate or a lack of information risks misleading regulated parties into thinking they need to comply with New Zealand requirements, in addition to Australian ones, when this is not necessary under the TTMRA. This can result in unnecessary compliance burdens, and under utilisation of the mutual recognition framework.
TTMRA implications should also be considered when designing regulation relating to the sale of goods (see the guidelines).
Information for New Zealand Policy Advisors
For further guidance contact MBIE’s New Zealand contact point for TTMRA related matters.
Read the Trans-Tasman Mutual Recognition Arrangement:
Arrangement between the Australian parties and New Zealand relating to Trans-Tasman Mutual Recognition [PDF 169KB]
How the Trans-Tasman Mutual Recognition Arrangement operates
Under section 5 of the Trans-Tasman Mutual Recognition Act 1997 (TTMR Act), every law of New Zealand must, unless it or the TTMR Act otherwise expressly provides, be read subject to the TTMR Act.
Trans-Tasman Mutual Recognition Act 1997(external link) — New Zealand Legislation
The TTMRA goods principle, over-rides any additional point of sale requirements imposed by the domestic laws of the goods’ destination, subject to some exemptions and exclusions. It is important to note that there is no pre-authorisation process for businesses to benefit from the principle. It automatically applies if the elements of the principle are satisfied.
For example
Australian produced or imported goods need only comply with the regulatory sale requirement in Australia for that product to be sold in New Zealand, regardless of any differences in sale requirements between the jurisdictions. The same applies for New Zealand goods intended for sale in Australia. Manner of sale requirements are still applicable (see Types of laws covered/not covered).
Businesses can rely on the defence in the TTMR Act if they are prosecuted for an offence against New Zealand law in relation to the sale of goods so long as the elements for the defence are met.
Trans-Tasman Mutual Recognition Arrangement provides a defence to prosecution
There is a specific defence available under the TTMR Act to prosecutions brought in relation to the sale of goods.
Trans-Tasman Mutual Recognition Act as a defence to prosecution
What this means for New Zealand goods regulators
Regulators can look out for indicators that the TTMRA may be engaged to avoid taking unnecessary enforcement action.
If you find goods that do not comply with New Zealand point of sale requirements, and the product is labelled at the point of sale that it is imported into or made in Australia, this may signal that the TTMRA is being relied upon to allow the goods to be legally sold in New Zealand.
Types of goods covered
The TTMRA generally applies to goods of any kind, including:
- Animals or plants.
- Material of microbial origin.
- A package containing goods.
- A label attached to goods.
Types of laws covered
Types of laws not covered
Exemptions and exclusions
The TTMRA has provisions to exclude and exempt certain laws from its scope. The TTMRA principles do not apply to laws that has been excluded or exempt from the TTMRA.
Exclusions from the Trans-Tasman Mutual Recognition Arrangement
Contact us
If you still have questions, get in contact with us by emailing TTMRA.