This is a single section from Chapter 9. Read the full chapter here.

Do any cross-border issues need to be addressed?

Cross-border interactions and/or links relevant to the proposed legislation and policy should be identified.


An essential first step in identifying and addressing cross-border issues is to consider the circumstances in which they might arise. The following cross-border interactions and links commonly give rise to cross-border issues:


  • cross-border dealings in goods or services;
  • people outside New Zealand whose conduct affects people in New Zealand;
  • crimes and civil breaches that have a link to or affect New Zealand or its people but occur in cyberspace;
  • people in New Zealand whose conduct affects people outside New Zealand;
  • civil proceedings in New Zealand that involve overseas parties;
  • whether cooperation with other governments is needed to give effect to the policy;
  • whether there are applicable treaties or other international obligations
  • civil proceedings overseas that raise issues of New Zealand law;
  • civil proceedings in New Zealand concerning dealings governed by foreign law;
  • information or evidence required for the detecting and investigating breaches of the law, and for enforcing the law that takes place overseas;
  • whether the determinations of New Zealand courts or other authorities will be recognised or enforced overseas and vice versa;
  • criminal conduct outside New Zealand by people or businesses connected to New Zealand.

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