Arrangements and Treaties

Arrangements

Instruments of less than treaty status (usually called Arrangements or Understandings) may require Cabinet approval, depending on their significance and whether they involve new policy. The kinds of factors set out in paragraph 5.11 of the Cabinet Manual should be taken into account in deciding whether or not to submit an arrangement to Cabinet for approval before signature.

The Treaty Officer at the Ministry of Foreign Affairs and Trade (MFAT) must be consulted about any proposal to enter into an arrangement.

Arrangements are not required to be presented to the House under Standing Orders.


Treaties

International treaties can have a variety of different titles:

  • Treaty is a generic noun used to refer to all binding international agreements, but when used in the title of an international treaty (e.g. "Treaty of Versailles", "Treaty of Friendship") it generally denotes a major agreement of political importance;
  • Agreement is by far the most common term, usually used for agreements regulating trade, transport, fisheries etc;
  • Exchange of Notes (or Letters) involves two documents, with the second responding to the agreement proposed in the first and accepting it;
  • Convention is a term commonly used for multilateral agreements;
  • Protocol describes agreements that supplement a principal treaty.

It is not always possible to tell from the instrument's name whether it is of treaty status or is merely an arrangement. A "Memorandum of Understanding", for example, may be either. As a result, New Zealand treaty-making practice is to avoid wherever possible the term "Memorandum of Understanding" to describe any arrangement-level instrument (whether interagency or intergovernmental). Instead, New Zealand practice is that all instruments of less than treaty status should be called "Arrangements".

The status of an instrument does not depend only on its title - it must be inferred from the instrument as a whole, and in particular the language that is used throughout. There are some well-established guidelines about the terminology that should be used (and avoided) in an interagency arrangement, for its status to be completely clear.

The Treaty Officer at MFAT can provide advice on the nature of a particular instrument if it is unclear.