Trans-Tasman Mutual Recognition Act 1997

The Trans-Tasman Mutual Recognition Act 1997 aims to reduce duplicate regulation between New Zealand and Australia. It does this by allowing certain goods lawfully sold in Australian participating jurisdictions to be sold in New Zealand without meeting some local product sale requirements. It also provides a pathway for Australian-registered professionals to gain registration for equivalent occupations in New Zealand.

The Act does not override all New Zealand laws. Instead, it requires New Zealand law to be read subject to this Act unless expressly stated otherwise. This means some local rules and exclusions still apply.

The Act applies to goods produced in or imported into an Australian participating jurisdiction that may be lawfully sold there. The definition of goods is broad and includes animals, plants, and materials of microbial origin. However, some goods categories are excluded or subject to permanent exemptions listed in Schedule 2.

For occupations, the Act covers those where the Australian registration is substantially equivalent to the New Zealand occupation. Some occupations have special carve-outs or conditions.

Many New Zealand laws regulating the manner of sale, storage, transport, health and safety, and environmental effects continue to apply equally to local and imported goods.

The goods pathway is relevant when you want to sell in New Zealand a product already lawfully sold in an Australian participating jurisdiction. Section 10 of the Act allows these goods to be sold in New Zealand without complying with certain New Zealand product sale requirements, subject to exclusions and preserved laws.

Before relying on this pathway, check whether the New Zealand rule you are concerned about regulates the product standard or the manner of sale, storage, or handling, as the latter are generally preserved.

The Act does not override all New Zealand laws affecting goods. Section 11 preserves laws regulating the manner of sale or business conduct, provided they apply equally to local and imported goods. This includes laws on contract, consumer protection, storage, transport, health and safety, and environmental controls.

Permanent exemptions listed in Schedule 2 exclude certain product categories from the Act’s operation. Quarantine and biosecurity laws remain fully applicable, especially for biological, agricultural, and health-risk goods.

The Act recognises equivalence between Australian and New Zealand occupations where the authorised activities are substantially the same. An Australian-registered individual can apply for New Zealand registration by giving notice to the local registration authority.

Authorities may impose conditions or require further steps to ensure equivalence. Some occupations have special rules or carve-outs. The Act facilitates working while registration is processed but does not guarantee unconditional registration.

If a local registration authority imposes conditions, postpones, or refuses registration, the applicant can apply to the Trans-Tasman Occupations Tribunal for review. The Tribunal considers whether the decision is justified based on equivalence.

The applicant has the right to request a written statement of the authority’s findings and evidence supporting the decision. The authority must provide this within 20 working days of the request.