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Agreement

Article 8 - Commercial Opportunities

  1. The airlines of each Party shall have the right to:
    1. establish offices in the territory of the other Parties for the promotion and sale of air transportation;
    2. engage in the sale of air transportation in the territory of the other Parties directly and, at the airlines' discretion, through their agents. The airlines shall have the right to sell such transportation, and any person shall be free to purchase such transportation, in local currency or in freely convertible currencies;
    3. convert and remit to the territory of its incorporation, on demand, local revenues in excess of sums locally disbursed. Conversion and remittance shall be permitted promptly without restrictions or taxation in respect thereof at the rate of exchange applicable to current transactions and remittance on the date the carrier makes the initial application for remittance; and
    4. pay for local expenses, including purchases of fuel, in the territories of the other Parties in local currency. At their discretion, the airlines of each Party may pay for such expenses in the territory of the other Parties in freely convertible currencies according to local currency regulation.
  2. The designated airlines of each Party shall have the right:
    1. in accordance with the laws, regulations and rules of the other Parties relating to entry, residence, and employment, to bring in and maintain in the territories of the other Parties managerial, sales, technical, operational, and other specialist staff required for the provision of air transportation;
    2. to perform their own ground-handling in the territory of the other Parties ("self-handling") or, at their option, select among competing agents for such services in whole or in part. The rights shall be subject only to physical constraints resulting from considerations of airport safety. Where such considerations preclude self-handling, ground services shall be available on an equal basis to all airlines; charges shall be based on the costs of services provided; and such services shall be comparable to the kind and quality of services as if self-handling were possible; and
    3. in operating or holding out the authorized services on the agreed routes, to enter into cooperative marketing arrangements such as blocked-space, code-sharing or leasing arrangements, with:
      1. an airline or airlines of any Party;
      2. an airline or airlines of any State or APEC member economy as identified in the Appendix to the Annex that is not party to this Agreement; and
      3. a surface transportation provider of any State or APEC member economy as identified in the Appendix to the Annex;

    provided that all participants in such arrangements hold the appropriate authority and meet the requirements applied to such arrangements.
  3. Notwithstanding any other provision of this Agreement, airlines and indirect providers of cargo transportation of the Parties shall be permitted without restriction to employ in connection with international air transportation any surface transportation for cargo to or from any points within or outside the territories of the Parties, including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable laws and regulations. Such cargo, whether moving by surface or by air, shall have access to airport customs processing and facilities. Airlines may elect to perform their own surface transportation or to provide it through arrangements with other surface carriers, including surface transportation operated by other airlines and indirect providers of cargo air transportation. Such intermodal cargo services may be offered at a single, through price for the air and surface transportation combined, provided that shippers are not misled as to the facts concerning such transportation.


New Zealand Ministry of Transport
Attention: Air Services
Phone: +64-4-439-9000
Fax: +64-4-439-9004
e-mail: maliat@transport.govt.nz
New Zealand Ministry of Foreign Affairs and Trade
Attention: Treaty Officer
Legal Division
Fax:+64-473-2103
e-mail: lgl@mfat.govt.nz