Exchange of Tax Information with New Zealand

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (28/09/2009) regarding: Agreement for the exchange of information relating to tax matters between the States of Jersey and the Government of New Zealand.

Decision Reference: MD-C-2009-0070
Decision Summary Title :	Agreement for the exchange of information relating to tax matters between the States of Jersey and the Government of New Zealand		Date of Decision Summary:	17th September 2009
Decision Summary Author:	Project & Research Officer		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Ratification of the Agreement for the exchange of information relating to tax matters between the States of Jersey and the Government of New Zealand		Date of Written Report:	5th August 2009
Written Report Author:	Adviser – International Affairs		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Agreement for the exchange of information relating to tax matters between the States of Jersey and the Government of New Zealand.
Decision(s): The Chief Minister, acting on the recommendation of the Council of Ministers, agreed to lodge ‘au Greffe’ a report and proposition seeking ratification of the Agreement for the Exchange of Information Relating to Tax Matters between the Government of New Zealand and the States of Jersey, which was signed on 27th July 2009.
Reason(s) for Decision: Negotiations with the Government of New Zealand produced an agreement on the following: a) a tax information exchange agreement which is consistent with the agreements signed previously with other countries b) an agreement for the allocation of taxing rights with respect to certain income of individual and to establish a mutual agreement procedure in respect to transfer pricing adjustments c) an understanding between the Government of Jersey and the Government of New Zealand which among other things – recognises each country’s commitment to operate international standards of financial regulation in order to combat money laundering and terrorist financing and to participate in international efforts to tackle financial and other crimes, including fiscal crime; welcomes Jersey as a member of the community of nations committed to international cooperation and information exchange on tax matters, and wishes to assure the Government of New Zealand that Jersey will be fully and equally treated as such by the New Zealand authorities; provides that discussions will continue to examine what further measures could be adopted to further enhance the political and economic relationship between Jersey and New Zealand, including the examination of undesired tax barriers and the further extension of the arrangements for information exchange
Resource Implications: There are no financial or manpower implications.
Action required: Request the Greffier of the States to lodge ‘au Greffe’ the Agreement for the exchange of information relating to tax matters between the States of Jersey and the Government of New Zealand, to be taken into consideration on 3rd November 2009.
Signature:		Position: Senator Terry le Sueur, Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

Exchange of Tax Information with New Zealand - Lodge Report.

Information about the publication of Ministerial Decisions

A decision made (28/09/2009) regarding: Agreement for the exchange of information relating to tax matters between the States of Jersey and the Government of New Zealand.