Protections under the ASEAN Free Trade Agreement

Consistent with New Zealand's previous FTAs, the ASEAN FTA contains a number of protections, including preserving New Zealand's ability to take measures it deems necessary to accord more favourable treatment to Māori in fulfillment of its obligations under the Treaty of Waitangi.

General exceptions

The ASEAN FTA contains a number of general exceptions which make it clear that the FTA does not prevent Parties from taking certain measures in certain circumstances. These exceptions acknowledge the regulatory right of the Parties to adopt or enforce measures to deal with a crisis or to achieve certain priority policy outcomes, even if these measures may affect their ASEAN FTA obligations. The exceptions contain disciplines to ensure that they cannot be abused for trade protectionist purposes.

In general, the ASEAN FTA will not prevent New Zealand from taking measures necessary to:

• Protect public morals, or human, animal or plant life or health.
• Protect national treasures or specific sites of historical or archaeological value.
• Provide support for creative arts of national value.
• Conserve exhaustible natural resources.

The ASEAN FTA will also not prevent New Zealand (or any other Party) from taking action which it consider necessary for the protection of its essential security interests or to take measures to deal with serious balance of payments and external financial difficulties.

Treaty of Waitangi

New Zealand's ability to take measures to accord more favourable treatment to Māori in fulfillment of Treaty of Waitangi obligations, is expressly provided for in a Treaty of Waitangi exception.