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Out of Scope
under the
Standards NZ and Standards Australia Commercial Agreement
In-principle Heads of Agreement
7. The existing Commercial and Copyright Agreement between Standards NZ and Standards
Australia has been in place since 2016 and needs to be updated to better reflect current operating
environments, commercial objectives, institutional arrangements, evolved technologies, distribution
arrangements, and market demands and expectations. It has been a point of contention between
the two national standards bodies for a number of years. Updating the agreement also provides an
opportunity to put in place commercial arrangements that can support the resolution of dejointing
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Trans-Tasman standards in future.
8. s 9(2)(b)(ii)
9. s 9(2)(j)
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10. Standards NZ and Standards Australia have come to in-principle agreement on key commercial
and operational proposals. This is being formalised through a non-binding Heads of Agreement
(HoA) and wil serve as the basis for further negotiations and development of a detailed legal
contract between the two national standards bodies. The draft HoA and a table summarising the
1 Around 70 international standards adoptions per year, on top of the 200 with New Zealand.
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key dif erences between the current and proposed agreements is included in Annex One.
s 9(2)(j)
under the
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s 9(2)(j)
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Annex One. Draft Heads of Agreement and table of key differences
DRAFT HEADS OF AGREEMENT BETWEEN
STANDARDS AUSTRALIA AND STANDARDS NEW ZEALAND
July 2025
BETWEEN
Standards Australia Limited (
Standards Australia)
AND
under the
Standards New Zealand as a business unit of the Ministry of Business, Innovation & Employment
(
Standards New Zealand)
BACKGROUND
Standards New Zealand and Standards Australia (each a
National Standards Body or
party) have a
long standing, productive and mutually beneficial relationship. Our joint standards work, including
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harmonised adoption of international standards, is a critical support for the Closer Economic Relations
Agreement and Trans-Tasman Recognition Agreement.
Standards New Zealand and Standards Australia have agreed to develop a new commercial
agreement between them to replace the existing Copyright Agreement between the parties dated 29
February 2016 (as has been varied from time to time) (
Copyright Agreement). It is intended that the
new agreement wil reflect this important relationship and our current operating environments,
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technologies and markets. A revised commercial agreement wil aim to build a forward-looking
partnership between Standards New Zealand and Standards Australia, reflecting the fundamental
importance of joint standards to the New Zealand and Australian economy.
This Heads of Agreement document aims to summarise the high-level in-principle agreements reached
by Standards New Zealand and Standards Australia at the bilateral meeting held in Sydney on 5-6
June 2025.
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STATUS OF THIS AGREEMENT
This Heads of Agreement (HOA) is a preliminary, non-binding document that outlines some key terms
to establish a framework for further negotiations between Standards New Zealand and Standards
Australia, and sets out the basic elements of a potential agreement. This HOA does not create legally
enforceable rights or obligations.
Subject to further commercial analysis, feasibility work and analysis of the interaction with governing
legislation, the parties agree to enter into negotiations for a revised, legally binding commercial
agreement, subject to terms and conditions to be mutually agreed and execution by the respective
authorised signatories of the respective parties. Until such time as any revised agreement is reached,
the existing terms of the Copyright Agreement continue to apply.
Established rules of commercial negotiation, including confidentiality, apply. It is understood that it wil
be necessary to share the agreement with relevant decision makers, governance bodies and political
stakeholders.
THE FOLLOWING IS AGREED IN PRINCIPLE
s 9(2)(j)
under the
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s 9(2)(j)
under the
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s 9(2)(j)
under the
SIGNATORIES TO THE HEADS OF AGREEMENT
SIGNED for and on behalf of Standards New Zealand (as a business unit of Ministry of Business
Innovation & Employment) and Standards Australia
Limited
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______________________
Rod Balding, Chief Executive
Standards Australia Limited
Date:
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________________________
Sanjai Raj
New Zealand Standards Executive
Ministry of Business Innovation & Employment
Date:
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Key differences in the current commercial agreement and the terms proposed in the draft Heads of Agreement.
s 9(2)(j)
under the
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g. Approve and sign the attached Heads of Agreement (Annex C) which covers:
I. Intellectual property ownership of joint standards
II. Financial contributions between standards bodies
III. How and when royalty payments wil be made between standards bodies
IV. The extent of each standards bodies markets and distribution rights
V. Operational processes for standards development and secretariate management
Agree / Disagree
Endorsed by:
Approved by:
Malcolm MacMillan
Sanjai Raj
National Manager, Standards New Zealand
General Manager, Market Integrity
Market Integrity
New Zealand Standards Executive
Date: 23.07.25
Date: 24 July 2025
under the
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CONTEXT
3. For over 40 years, Standards Australia and Standards New Zealand (Standards NZ), the
national standards bodies of Australia and New Zealand, have worked in close partnership
to deliver joint standards that support the shared interests of our two countries. This
collaboration plays a vital role in the trans-Tasman Single Economic Market, underpinned
by frameworks such as the Closer Economic Relations agreement and the Trans-Tasman
Mutual Recognition Arrangement.
4. The existing Commercial and Copyright Agreement between the national standards
bodies has been in place since 2016 when Standards NZ became part of the Ministry.
Since February 2024 the parties have been negotiating updates to better reflect current
operating environments and technologies and support the resolution of dejointing of
Trans-Tasman standards (a Government priority).
5. A Heads of Agreement (HOA) has been co-developed between MBIE and Standards
Australia which formalises the in-principle agreements reached on the key commercial
and operational terms on which a new Commercial and Copyright Agreement (legal
contract) will be based. This HOA is a preliminary, non-binding document that outlines
some key terms to establish a framework for further negotiations between Standards
New Zealand and Standards Australia and sets out the basic elements of a potential
agreement. This HOA does not create legally enforceable rights or obligations. The HOA is
attached in Annex C.
6. A comprehensive GM Market Integrity memorandum outlining the background,
under the
stakeholder impacts, financial, operational, policy and legal implications, wider MBIE
consultation and draft HoA was provided to you and signed 20 June 2025. This is attached
in Annex A.
7. A draft joint statement has been prepared and agreed between Standards NZ and
Standards Australia> MBIE Communications and Policy teams were involved in developing
messaging. Copy in Annex D.
CONSULTATION
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8. MBIE Chief Executive and Deputy Chief Executive Te Whakatairanga Service Delivery were
briefed on the Heads of Agreement and financial commitments being made and had no
aversion to it being signed. See Annex B.
9. The MBIE Trade and Supply Chains policy team has been thoroughly involved in the
negotiations between Standards NZ and Standards Australia since February 2024 and has
informed the terms within the HoA and its alignment with the wider Trans-Tasman
Regulatory Coherence work programme.
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10. Endorsement that the proposed annual financial contribution s 9(2)(j)
has been received from the TWSD Finance Business Partner (refer
19 June 2025 GM Market Integrity memorandum Annex A).
11. Individuals consulted include:
a. James Hartley, General Manager Communications Infrastructure and Trade
b. Judy Zhang, Policy Director, Communications Infrastructure and Trade
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c. Sebastian Doelle, Manager Trade and Supply Chains
d. Yuki Wang, TWSD Finance Business Partner
e. Shelley McDonald, Principal Solicitor, Legal Services Commercial
f. Natan Karon, Senior Solicitor, Corporate and Registries MBIE Legal
g. Diane Imus, Principal Advisor Operational Finance, TWSD
under the
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Annex A - Signed GM memo Standards Australia and Standards New Zealand Heads of Agreement
MEMO TO GM MARKET INTEGRITY
DATE
19 June 2025
Sanjai Raj, General Manager Market Integrity and New Zealand Standards
TO
Executive
PREPARED BY
Clare Francis,
Principal Advisor,
Standards New Zealand
APPROVED BY
Malcolm MacMillan, National Manager Standards New Zealand
STANDARDS AUSTRALIA AND STANDARDS NEW ZEALAND HEADS
SUBJECT
OF AGREEMENT
PURPOSE
To update you on the progress of the commercial negotiations between Standards New Zealand and
Standards Australia and to seek your approval on the elements to be agreed in-principle through a
Heads of Agreement.
under the
RECOMMENDATIONS
We recommend that you:
a.
Note Standards New Zealand and Standards Australia have agreed to replace the existing 2016
Copyright Agreement between the parties with a new agreement that better reflects the important
Trans-Tasman relationship between the parties and current operating environments, technologies
and market needs, and which specifically addresses the issues of dejointing of Trans-Tasman
standards and royalty calculations for subscriptions services.
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b.
Note Standards New Zealand have progressed commercial negotiations in person and online with
Standards Australia over the week of 2-6 June 2025, and for the 15 months prior to this.
s 9(2)(j)
c.
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d.
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s 9(2)(j)
e.
f.
g.
h.
under the
i.
j.
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k.
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l.
Note Standards New Zealand have confirmed with MBIE policy and MBIE legal teams and that the
terms summarised in the draft Heads of Agreement attached are enabled within current legislation
and align with the current policy objectives for the standards system.
In principal endorsement of
the proposal has also been received from the TWSD Finance Business Partner.
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CONTEXT
s 9(2)(j)
1.
s 9(2)(j)
2.
3. Negotiations gained momentum during the week of 2-6 June 2025, driven by a series of in-person
meetings led by the National Manager of Standards NZ, and attended by senior staff at Standards
Australia including their new Chief Executive Rod Balding. s 9(2)(j)
4. These meetings resulted in a large amount of consensus, and verbal in-principle agreement on key
under the
commercial and operational proposals, and a series of actions for both standards bodies. These
agreements are now being formalised through a non-binding Heads of Agreement between the two
national standards bodies, as requested by Standards Australia, which will serve as the basis for
further negotiations and development of a detailed legal contract. Standards NZ and Standards
Australia have also committed to develop joint public messaging on the outcomes and intent of the
new commercial arrangements to support possible announcements by the New Zealand and
Australian Prime Ministers at their annual meeting in July 2025, and with industry stakeholders on
both sides of the Tasman.
FUNDAMENTAL AMENDMENT TO THE DECEMBER 2024 NEW ZEALAND COUNTER PROPOSAL
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s 9(2)(j)
5.
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6.
7.
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s 9(2)(j)
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s 9(2)(j)
STAKEHOLDER IMPACTS
s 9(2)(j)
9.
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LEGAL CONSIDERATIONS
s 9(2)(j)
13.
14.
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OPERATIONAL AND COMMERCIAL IMPACTS FOR STANDARDS NEW ZEALAND
s 9(2)(j)
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s 9(2)(j)
16.
17.
s 9(2)(j)
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s 9(2)(j)
22.
Operational Readiness
s 9(2)(j)
23.
24.
under the
Revs 9(2)(j)
25.
26.
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27.
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POLICY IMPLICATIONS
Supporting joint standards alignment and international harmonisation objectives
28. The agreement supports the objectives of the Single Economic Market (SEM) and international
standards harmonisation by reducing duplication in standards development and supporting greater
joint international standards adoptions between New Zealand and Australia. By enabling greater
participation in joint and international standards development, the agreement positions New
Zealand to better apply international standards in areas of strategic interest (e.g., digital, AI,
sustainability), supporting innovation and international competitiveness.
s 9(2)(j)
under the
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s 9(2)(j)
FUNDING MODEL
30. The negotiations towards a new copyright and commercial arrangement with Standards Australia
are intended to fix, in the short term, the problem of dejointing of trans-Tasman standards and
reconfirm how the standards bodies work together within current operating environments,
economic conditions, technologies and markets. s 9(2)(b)(ii)
under the
31. Out of Scope
IMPLEMENTATION TIMELINE AND NEXT STEPS
32. Standards NZ and Standards Australia seek to finalise the Heads of Agreement imminently. While
this agreement remains non-binding it will demonstrate both parties’ commitment to quickly
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progressing towards a new formal commercial agreement this calendar year. The intention is for the
final Heads of Agreement and associated agreed communications to support possible
announcements by the New Zealand and Australian Prime Ministers at their annual meeting in July
2025.
s 9(2)(j)
33
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CONSULTATION
34. Standards New Zealand have confirmed with MBIE policy and MBIE legal teams and that the
terms summarised in the draft Heads of Agreement attached are enabled within current
legislation and align with the current policy objectives for the standards system. In principal
endorsement of the proposal has also been received from the TWSD Finance Business Partner.
35. Individuals consulted include:
a. James Hartley, General Manager Communications Infrastructure and Trade
b. Judy Zhang, Policy Director, Communications Infrastructure and Trade
c. Sebastian Doelle, Manager Trade and Supply Chains
d. Purnima Damodaran, Principal Policy Advisor, Economic Policy
e. Yuki Wang, Finance Business Partner – see ANNEX TWO
f.
Shelley McDonald, Principal Solicitor, Legal Services Commercial
g. Natan Karon, Senior Solicitor, Corporate and Registries MBIE Legal.
under the
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ANNEX ONE: DRAFT HEADS OF AGREEMENT
HEADS OF AGREEMENT BETWEEN
STANDARDS AUSTRALIA AND STANDARDS NEW ZEALAND
June 2025
BETWEEN
Standards Australia
AND
Standards New Zealand [as a business unit of the Ministry of Business Innovation &
Employment]
BACKGROUND
under the
Standards New Zealand and Standards Australia have a long standing, productive and mutually
beneficial relationship. Our joint standards work, including harmonised adoption of
international standards, is a critical support for the Closer Economic Relations Agreement and
Trans-Tasman Recognition Agreement.
Standards New Zealand and Standards Australia have agreed to develop a new commercial
agreement between the two national standards bodies to replace the existing Copyright
Agreement between the parties dated 29 February 2016 (as has been varied from time to
time) (
Copyright Agreement). It is intended that the new agreement will reflect this important
relationship and our current operating environments, technologies and markets. A revised
commercial agreement will aim to build a forward-looking partnership between Standards
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New Zealand and Standards Australia, reflecting the fundamental importance of joint
standards to the New Zealand and Australian economy.
This Heads of Agreement document aims to summarise the high-level in-principle agreements
reached by Standards New Zealand and Standards Australia at the bilateral meeting held in
Sydney on 5-6 June 2025.
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STATUS OF THIS AGREEMENT
This Heads of Agreement (HOA) is a preliminary, non-binding document that outlines some key
terms that establish a framework for further negotiations between Standards New Zealand
and Standards Australia, and sets out the basic elements of a potential agreement. This HOA
does not create legally enforceable rights or obligations.
Subject to further commercial analysis, feasibility work and analysis of the interaction with
governing legislation, the parties agree to enter into negotiations for a revised commercial
12
agreement, subject to terms and conditions to be mutually agreed. Until such time as any
revised agreement is reached, the existing terms of the Copyright Agreement continue to
apply.
Established rules of commercial negotiation, including confidentiality, apply. It is understood
that it will be necessary to share the agreement with relevant decision makers, governance
bodies and political stakeholders.
THE FOLLOWING IS AGREED IN PRINCIPLE
s 9(2)(j)
under the
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s 9(2)(j)
under the
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14
s 9(2)(j)
SIGNATORIES TO THE HEADS OF AGREEMENT
SIGNED for and on behalf of Standards New Zealand and Standards Australia
under the
_______________________
Rod Balding, Chief Executive
Standards Australia
Date:
(does not require signing at this stage)
________________________
New Zealand Standards Executive
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Ministry of Business Innovation & Employment
Date:
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ANNEX TWO
Finance Business Partner endorsement:
From: Yuki Wang <[email address]>
Sent: Tuesday, 17 June 2025 5:11 pm
To: Danielle Aberdeen <[email address]>
Cc: Malcolm MacMillan <[email address]>
Subject: RE: Draft Heads of Agreement Document SA and SNZ June 2025.docx
[UNCLASSIFIED]
Thanks Danielle. I’m happy to endorse in principle.
Regards
Yuki
Yuki Wang
Finance Business Partner
Te Whakatairanga Service Delivery
Phone: s 9(2)(a)
From: Danielle Aberdeen <[email address]>
Sent: Tuesday, 17 June 2025 4:32 pm
To: Yuki Wang <[email address]>
Cc: Malcolm MacMillan <[email address]>
Subject: FW: Draft Heads of Agreement Document SA and SNZ June 2025.docx
under the
[UNCLASSIFIED]
Hi Yuki,
Do you have any comments on the Heads of Agreement we discussed last week, and / or are
you able to endorse this in principle? s 9(2)(j)
We are needing to the HoA up to Sanjai and off to SA as soon as possible. We are working
through Legal’s comments we received today.
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Thanks
Danielle
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Annex D – Draft (agreed) joint statement
Standards Australia and Standards New Zealand
Draft Joint Statement
40-year trans-Tasman Standards partnership takes the next step
Standards Australia and Standards New Zealand have signed a new Heads of
Agreement to modernise and streamline our joint standards arrangements. This
marks a renewed commitment to our enduring partnership and builds on the
foundation of over 2,000 existing joint standards that support economic growth
across both nations.
The agreement ensures that joint standards wil continue to be developed and
under the
adopted without financial barriers to participation. It will deliver cost-effective
trans-Tasman standards for both nations and, where appropriate, see
international standards adopted that can be trusted by both industry and
consumers.
In addition to the vital role we play in the trans-Tasman Single Economic Market,
through frameworks such as the Closer Economic Relations (CER) agreement
and the Trans-Tasman Mutual Recognition Arrangement (TTMRA), the
strengthened partnership seeks to deepen our strategic collaboration on areas
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of mutual priority, including emerging technologies, supporting standards
alignment, and the strengthening of trans-Tasman supply chains.
Our shared vision is clear: to build a standards system that not only keeps pace
with change but also actively enables it by harmonising the adoption and use of
international standards to the benefit of both Australia and New Zealand.
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Together, we are committed to delivering on this vision, ensuring that standards
remain a powerful enabler of productivity, competitiveness, and shared
prosperity.
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FAQs
What are joint Trans-Tasman Standards and how are they developed
Joint standards are standards developed or jointly adopted by committees comprising
of Australian and New Zealand industry, regulatory, and other subject matter experts
working together and contributing their skills, expertise and knowledge to reach
consensus on a set of rules, specifications, guidance, criteria or requirements on a
particular issue.
How long have Standards Australia and Standards New Zealand been developing
joints standards
Standards Australia and Standards New Zealand have been working together on joint
standards for approximately 40 years. There are now more than 5,000 joint standards,
and these underpin trade agreements, regulatory systems, business settings and
consumer safety in both economies.
What are the benefits of joint standards
Joint standards play an import role of supporting trade, market access, interoperability
of goods and services and workforces in both economies. Joint standards support
strong and consistent consumer protection, product safety, quality assurance, business
processes, and many regulatory performance requirements across a range of sectors
and industries.
By developing joint standards together both markets benefit from the combined market
expertise and experience. The joint adoption of international standards enables New
Zealand and Australian to maintain trans-Tasman alignment while also benefiting from
under the
the collective international expertise captured in a standard. Aligning with practice
international y supports trade and efficiency objectives of both countries.
There are also process efficiency and cost savings benefits to doing this work together.
How many joint Trans-Tasman standards exist and what sectors do joint
standards they cover
There are over 2000 AS/NZS joint standards (including joint adoption of international
standards) which cover a range of key sectors and topics including:
- Building Construction
- Energy, Electricity and Gas
- Healthcare and Community Services
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- Consumer and Occupational Safety
- Business and Trade
- Hospitality
- Transportation and Logistics
- Manufacturing and Processing
- Environment and Sustainability
- Digital Technology and Media
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What are some of Standards Australia and Standards NZ’s joint priorities
Examples of shared priorities include supporting:
- the safe and effective uptake of emerging technologies such as AI and quantum
computing.
- greater use of renewable energies and other climate action activities.
- trans-Tasman harmonisation of international standards adoption.
- our Pacific islands neighbours on their journey implementing quality
infrastructure and building capability in standards and conformance.
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- market access, productivity, and prosperity aspirations of businesses.
- regulatory coherence
Will standards continue to not aligned?
A key driver of the new agreement between Standards Australia and Standards New
Zealand is to stop funding being a barrier to undertaking joint standards work.
Countries will still be able to decide which standards projects are best done together
and which they want to progress separately. For example, it is still possible for a joint
standard to no longer be joint developed if it does not continue to meet a jurisdiction’s
regulatory requirements.
For media enquires please contact:
Standards Australia
Standards New Zealand
…………….
Arpan Mukherjee
………..
[email address]
…..
s 9(2)(a)
under the
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