Free trade agreement: New Zealand and the UK reach agreement in principle

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Free trade agreement: New Zealand and the UK reach agreement in principle

Sponsored by

aj-park.png
sulthan-auliya-v9fix0j-kaa-unsplash.jpg

AJ Park describes the agreement in principle between New Zealand and the UK for the free trade agreement from an IP perspective

In June 2020, New Zealand started negotiating a comprehensive free trade agreement (FTA) with the UK. On October 20 2021, New Zealand and the UK reached an agreement in principle (AiP) to confirm the parameters of the deal.

The AiP does not create any legally binding obligations but indicates agreement on the key outcomes and parameters of the FTA. The AiP broadly aims to eliminate UK tariffs on New Zealand exports, increase trade and combat climate change. The AiP contains a section on intellectual property (IP), providing that:


  • New Zealand will extend the term of protection for copyright by 20 years, and will implement this change within 15 years of entry into force of the FTA;

  • The parties will adopt and maintain schemes relating to an artist’s resale rights;

  • The parties will adopt and maintain a public performance right for performers to cover communication to the public of sound records;

  • New Zealand will make all reasonable efforts to join the Hague Agreement on international registration of industrial designs;

  • The UK acknowledges that Te Tiriti o Waitangi/The Treaty of Waitangi is a foundational document of constitutional importance to New Zealand; and

  • The UK acknowledges the value of Māori IP and traditional knowledge and will work with New Zealand to identify appropriate ways to advance recognition and protection of the Haka Ka Mate.

Copyright provisions

The Copyright Act 1994 (New Zealand) provides that copyright in literary, dramatic, musical and artistic works lasts for the life of the creator plus 50 years. The FTA will extend this term of protection to 70 years, bringing New Zealand into line with the UK, US, and Australia.

New Zealand has also agreed to introduce a resale rights scheme for artists, allowing artists to receive royalty payments from their work in the same way as authors and songwriters. This right would last for the same period as copyright and entitle creators of original works of art (such as paintings, engravings and sculptures) to a royalty each time one of their works is resold through an auction house or art market professional.


Protecting Māori IP and the Haka Ka Mate

The FTA provides further that the UK will cooperate with New Zealand to identify appropriate ways to advance recognition and protection of the Haka Ka Mate.

The Haka Ka Mate is a ceremonial Māori dance or challenge that was composed by the Ngāti Toa Rangatira chief Te Rauparaha, a descendant of Hoturoa. In New Zealand, the Haka Ka Mate was formally recognised as a taonga (treasure) in 2014 through the Haka Ka Mate Attribution Act 2014 (NZ). The Act acknowledges the significance of Ka Mate as a taonga of Ngāti Toa Rangatira and creates a right of attribution where there is any publication of Ka Mate for commercial purposes or any communication of Ka Mate to the public.

The FTA may therefore require the UK to enact legislation similar to the Haka Ka Mate Attribution Act. The AiP provides further that the UK will provide a separate letter acknowledging Ngāti Toa Rangatira’s guardianship of the Haka Ka Mate.


Next steps

Once New Zealand and the UK conclude negotiations and the full text of the agreement is finalised, the agreement will be signed and ratified. At that stage, the agreement will enter into force and a plan will be developed for legal reform.

more from across site and SHARED ros bottom lb

More from across our site

The firm is continuing its aggressive IP hiring streak with the addition of partner Matthew Rizzolo
Pantech counsel Shogo Matsunaga speaks exclusively to Managing IP about how his team proved Google’s unwillingness, and ultimately secured a landmark SEP settlement
New partners, including the firm’s first female head of a department, are eyeing a deeper focus on client understanding
Chunguang Hu of China PAT explains why his ‘insider’ experience as a patent examiner benefits clients and why he wants to debunk the myth that IP has limited value in China
Essenese Obhan shares his expansion plans and vision of creating a ‘one-stop shop’ for clients after Indian firms Obhan & Associates and Mason & Associates joined forces
From AI and the UPC to troublesome trademarks in China, experts name the IP trends likely to dominate 2026
Colm Murphy says he is keen to help clients navigate cross-border IP challenges in Europe
With 2025 behind us, US practitioners sit down with Managing IP to discuss the major IP moments from the year and what to expect in 2026
Large-scale transatlantic mergers will give US entities a strong foothold at the UPC, and could spark further fragmentation of European patent practices
This year’s most-read stories covered uncertainty at the USPTO, a potential boycott of a major international IP conference, rankings releases, and a contempt of court proceeding
Gift this article