This is a single section from Chapter 10. Read the full chapter here.

Do any cross-border issues need to be addressed?

Significant cross-border issues relevant to the policy area should be identified.

Officials should identify whether the legislation needs to take into account conduct outside New Zealand, people or assets outside New Zealand, or cross-border transactions. This includes assessing the potential for these situations to arise or increase in the future. The following are the sort of cross-border matters that may need to be addressed if they will have a significant impact:

  • cross-border transactions (such as the sale and purchase of goods or services, including online transactions);
  • people outside New Zealand whose conduct affects people in New Zealand;
  • people in New Zealand whose conduct affects people outside New Zealand;
  • civil proceedings in New Zealand that involve overseas parties (for example, overseas suppliers who have all their assets overseas);
  • civil proceedings in New Zealand concerning transactions governed by foreign law;
  • civil proceedings overseas that raise issues of New Zealand law;
  • information or evidence overseas required for detecting, investigating, and enforcing breaches of New Zealand law;
  • whether the determinations of New Zealand courts or decision makers will be recognised or enforced overseas and vice versa;
  • whether co-operation with other Governments is needed to give effect to the policy;
  • whether there are applicable treaties or other international obligations; and
  • criminal conduct outside New Zealand by people or businesses connected to New Zealand.

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