1 00:00:05,947 --> 00:00:08,139 The TPPA is... 2 00:00:08,139 --> 00:00:12,330 a proposal to extend an existing agreement New Zealand has with 3 00:00:12,330 --> 00:00:22,291 Brunei, Singapore and Chile. And... but the negotiations also include Australia, Malaysia, Vietnam, Peru, 4 00:00:22,291 --> 00:00:26,169 the United States [and Japan]. And of course having 5 00:00:26,169 --> 00:00:28,491 the United States up there makes it huge. 6 00:00:28,491 --> 00:00:31,138 The negotiations are held in secret, we don't see the 7 00:00:31,138 --> 00:00:33,924 drafts of the text of the agreement, so what I'm telling you 8 00:00:33,924 --> 00:00:37,407 is partly from leaks, partly from media speculation, 9 00:00:37,407 --> 00:00:40,937 partly from what we know from other agreements these 10 00:00:40,937 --> 00:00:44,629 countries have signed. It's not mainly about trade at all. 11 00:00:44,629 --> 00:00:47,763 Most of the tariffs amongst these countries have gone. 12 00:00:47,763 --> 00:00:50,945 The goods, the restrictions on goods trade most of them 13 00:00:50,945 --> 00:00:53,336 have gone. They've been negotiated away in other areas 14 00:00:53,336 --> 00:00:56,587 such as the World Trade Organisation. The chief 15 00:00:56,587 --> 00:01:00,488 New Zealand negotiator made this statement in private. 16 00:01:00,488 --> 00:01:05,016 He said "There is a public perception a United States 17 00:01:05,016 --> 00:01:07,872 Free Trade Agreement would be an el dorado to 18 00:01:07,872 --> 00:01:10,124 New Zealand's commercial sector but the reality is different and 19 00:01:10,124 --> 00:01:13,839 New Zealand must manage expectations about the benefits 20 00:01:13,839 --> 00:01:19,771 of such an agreement. So if we're gaining dairy access 21 00:01:19,771 --> 00:01:22,782 or whatever we will have to pay for it in other ways, and 22 00:01:22,782 --> 00:01:25,753 there's a whole list of other parts of the agreement which 23 00:01:25,753 --> 00:01:29,169 have nothing to do with goods trade. So the first I want to 24 00:01:29,169 --> 00:01:32,886 talk about, and this is quite recent, it's on State... it's a whole chapter 25 00:01:32,886 --> 00:01:36,804 on State Owned Enterprises. State Owned Enterprises are 26 00:01:36,804 --> 00:01:42,028 things like [hydro] electricity companies, Solid Energy, Air New Zealand. 27 00:01:42,028 --> 00:01:48,298 But more than that it can be things like ACC, it could be... it could be 28 00:01:48,298 --> 00:01:51,479 anything owned by the Government and run by the Government. 29 00:01:51,479 --> 00:01:57,354 The United States wants provisions on these in the agreement. 30 00:01:57,354 --> 00:02:02,926 They want to force State Owned Enterprises, and 31 00:02:02,926 --> 00:02:08,592 think Electrocorp, think ACC, think possibly even CRIs (Crown Research Institutes), 32 00:02:08,592 --> 00:02:14,351 whatever you like... to act solely in accordance with 33 00:02:14,351 --> 00:02:17,555 commercial considerations. Right. So they should have 34 00:02:17,555 --> 00:02:22,988 no non-commercial goals, like public-interests goals for example. 35 00:02:22,988 --> 00:02:28,306 For example [protecting rivers is] inconsistent with this agreement. 36 00:02:28,306 --> 00:02:33,948 [It prevents] Electricity SOEs from helping technology startups, which 37 00:02:33,948 --> 00:02:37,037 is one of the ideas the Greens and Labour had. 38 00:02:37,037 --> 00:02:42,888 Prevents them prefering 'locally built', for example the railways for New Zealand Rail. 39 00:02:42,888 --> 00:02:46,812 Prevent them favouring local suppliers, prevent them having 40 00:02:46,812 --> 00:02:50,342 relatively low profit requirements, so the rest of the country can benefit 41 00:02:50,342 --> 00:02:53,964 from low electricty prices for example. 42 00:02:53,964 --> 00:03:00,140 And prevent them for example from giving incentives for sustainable energy. 43 00:03:00,140 --> 00:03:06,735 It would ban low cost funding, so when the Government 44 00:03:06,735 --> 00:03:11,170 started up Kiwibank for example it puts the capital in to start it up. 45 00:03:11,170 --> 00:03:17,509 That would be seen as a subsidy, if you like, to that... to Kiwibank. 46 00:03:17,509 --> 00:03:21,317 And they don't want that to happen. They would require 47 00:03:21,317 --> 00:03:24,498 Government to reduce its asset ownership. So progressively, 48 00:03:24,498 --> 00:03:30,001 sell off its assets. This is a requirement of Singapore in the Singapore - US 49 00:03:30,001 --> 00:03:34,367 Free Trade Agreement. It could apply to a whole range of State Owned Entities, 50 00:03:34,367 --> 00:03:40,566 including ACC, Pharmac, Zespri, Public Broadcasting, Postal Services, 51 00:03:40,566 --> 00:03:45,348 and many other Government services, anything that could conceiveably be in competition 52 00:03:45,348 --> 00:03:51,108 with a US transnational wanting to do business in New Zealand 53 00:03:51,108 --> 00:03:59,514 The United States has its usual... how shall I say? hypocritical opinion. 54 00:03:59,514 --> 00:04:05,806 Thankyou I was looking for that phrase. [It] will be requiring 55 00:04:05,806 --> 00:04:10,636 exemptions for its own SOEs. And this is not my imagination, 56 00:04:10,636 --> 00:04:15,350 so basically [it] wants to say this applies to you but not to me. 57 00:04:15,350 --> 00:04:21,039 But most importantly it wants to impose a provision for 58 00:04:21,039 --> 00:04:26,797 "Investor - State Dispute Resolution" which is particularly tricky. 59 00:04:26,797 --> 00:04:31,952 What that does is it allows investors to directly sue the Government, 60 00:04:31,952 --> 00:04:37,943 if their profits [and] value [of their] assets [are not paramount]. 61 00:04:37,943 --> 00:04:42,680 There's going to be fierce resistance from Vietnam and Malaysia, 62 00:04:42,680 --> 00:04:47,068 who have large and many and very important SOEs, and 63 00:04:47,068 --> 00:04:50,389 Singapore will be pretty unhappy too although it's already tied up. 64 00:04:50,389 --> 00:04:54,708 The ultimate target as I said is actually... seems to be China. 65 00:04:54,708 --> 00:05:05,110 And for that reason, China has said "We're not happy with this 66 00:05:05,110 --> 00:05:09,661 Agreement, we seem to be on the outer on this, we're not 67 00:05:09,661 --> 00:05:14,189 we haven't been consulted over it." But quite fundamentally 68 00:05:14,189 --> 00:05:19,646 China would not enter an agreement like this. And so 69 00:05:19,646 --> 00:05:25,497 it's being seen more and more as actually anti-China... line-up if you like. 70 00:05:25,497 --> 00:05:32,115 So it is giving a foreign policy dimension if you like that will... that threatens 71 00:05:32,115 --> 00:05:36,759 to increase tensions in the Pacific region rather than be "kind of" 72 00:05:36,759 --> 00:05:38,590 a partnership as it's called.