World Health Organization (WHO) Member States are working together to draft and negotiate an international legal instrument on pandemic prevention, preparedness, and response.
A new legal instrument
At the second special session of the World Health Assembly in November 2021, New Zealand and other WHO Member States decided to begin negotiating an international legal instrument on global pandemic prevention, preparedness and response (also referred to as a pandemic treaty).
This work is now being taken forward by an Intergovernmental Negotiating Body (INB) open to all WHO Member States, including New Zealand. The work of the INB is led by a working group called a ‘Bureau’. This is made up of Member States from each WHO region (two Co-Chairs and four Vice-Chairs). The INB’s work will continue until May 2024, when it is expected to present its final product to the 77th World Health Assembly. New Zealand’s engagement in the INB is led by the Ministry of Foreign Affairs & Trade in close consultation with the Ministry of Health | Manatū Hauora
Signing the pandemic treaty may create new international legal obligations for New Zealand. However, this doesn’t automatically change New Zealand law – only the New Zealand Parliament can do this.
New Zealand’s position
Since 2021, New Zealand has been working alongside our fellow Member States to strengthen the global health architecture for pandemic prevention, preparedness and response. The overarching goal of the pandemic treaty is to seek international rules that strengthen the ability of states and international institutions to prevent and mitigate future acute public health events and protect the health of their citizens. Cabinet has agreed to a number of objectives to guide New Zealand’s engagement in the current negotiations. More information can be found in the Cabinet Paper on the Ministry of Foreign Affairs & Trade’s webpage.
Note: WHO negotiations on a new ‘pandemic treaty or other instrument’ are taking place at the same time as negotiations to amend the International Health Regulations (2005). Depending on how both negotiations develop, they may cover related topics.
Public consultation
The Ministry of Foreign Affairs and Trade (MFAT) is currently asking New Zealanders what they want to see in a new international pandemic treaty. This can be found here.
Treaty-making process in New Zealand
If Member States agree to proceed with a legally binding instrument (such as a treaty), standard New Zealand treaty-making processes will be applied, including a Cabinet mandate, Parliamentary Treaty Examination and Select Committee processes.
Access an overview of the international treaty making process in New Zealand