International treaty-making
Introduction
This section provides information on the process for submitting proposed international treaties or agreements to Cabinet for approval.
In the course of its various activities the government concludes a range of international instruments with other countries and international organisations. There are two types of instrument that the New Zealand government may conclude:
- Arrangements are instruments of less than treaty status, i.e. they are not legally binding, but have political or moral weight;
- Treaties are instruments that are legally binding under international law.
More detailed information on the nature of Arrangements and Treaties.
Any proposal to sign an international treaty, or to take binding treaty action, must be submitted to Cabinet for approval (see paragraph 5.73 of the Cabinet Manual). The term "binding treaty action" refers not only to the conclusion of a treaty, but also amendment to or withdrawal from a treaty or to changes in a reservation. Anything that changes New Zealand's international legal obligations is regarded as a "binding treaty action".
The Treaty Officer in the Legal Division of the Ministry of Foreign Affairs and Trade oversees the process by which the government becomes party to, amends, withdraws reservations from, terminates or denounces, treaties. Departments should consult with the Legal Division of the Ministry of Foreign Affairs and Trade at an early stage if they are considering entering into any international negotiations that may result in binding treaty action.
Information that should be provided to Cabinet
Consultation with the Minister of Foreign Affairs
Parliamentary Treaty Examination process
National Interest Analysis and Regulatory Impact Statement requirements
