Cross-border interactions and/or links relevant to the proposed legislation and policy should be identified.
An essential first step in identifying and addressing cross-border issues is to consider the circumstances in which they might arise. The following cross-border interactions and links commonly give rise to cross-border issues:
cross-border dealings in goods or services;
people outside New Zealand whose conduct affects people in New Zealand;
crimes and civil breaches that have a link to or affect New Zealand or its people but occur in cyberspace;
people in New Zealand whose conduct affects people outside New Zealand;
civil proceedings in New Zealand that involve overseas parties;
whether cooperation with other governments is needed to give effect to the policy;
whether there are applicable treaties or other international obligations
civil proceedings overseas that raise issues of New Zealand law;
civil proceedings in New Zealand concerning dealings governed by foreign law;
information or evidence required for the detecting and investigating breaches of the law, and for enforcing the law that takes place overseas;
whether the determinations of New Zealand courts or other authorities will be recognised or enforced overseas and vice versa;
criminal conduct outside New Zealand by people or businesses connected to New Zealand.