Proposed amendments to kiwifruit export regulations

Closing Date:
Contact: Forest and plant sector policy team

Update – 7 November 2016

Download the summary of submissions [PDF, 95 KB]

Update – 11 August 2016

Cabinet has agreed to changes to the Kiwifruit Export Regulations 1999 in relation to:

  • Zespri share ownership: changes to enable Zespri to set rules about maximum shareholding and eligibility for dividends, based on a vote of shareholders, following the provisions of the Companies Act 1993.
  • Zespri's core business: changes to provide more certainty about the business activities that Zespri can undertake without seeking the approval of its providers of capital, while also streamlining the process by which Zespri can seek approval of its providers of capital. Zespri's core business will be expanded to include marketing of New Zealand-grown kiwifruit, market development for New Zealand-grown kiwifruit, and kiwifruit research and development.
  • Kiwifruit New Zealand: changes to ensure the board is comprised of a mix of grower and independent directors to support effective industry regulation. The board will be comprised of 3 grower-elected directors, 2 independent directors appointed by the Minister to fill skill gaps identified by the board, and an independent chair appointed by the Minister. In addition amendments to the regulations to improve the accountability and transparency of the Kiwifruit New Zealand Board.

Next Steps

MPI will be working with the Parliamentary Counsel Office to draft regulations for consideration by Cabinet later this year. We will consult with stakeholders, including industry representatives, as appropriate through this process.

Consultation background

From 26 February 2016 to 29 March 2016 the Ministry for Primary Industries (MPI) invited comment on the consultation document Proposed Amendments to the Kiwifruit Export Regulations 1999.

Relevant documents

Proposed Amendments to the Kiwifruit Export Regulations 1999 [PDF, 369 KB]

Report of the independent review of Kiwifruit New Zealand [PDF, 306 KB]

What was proposed?

The Kiwifruit Export Regulations 1999 (the Regulations) establish Zespri as the primary exporter of New Zealand-grown kiwifruit to all countries other than Australia.  They make some provision for other marketers to export kiwifruit through collaborative marketing arrangements with Zespri, although this is currently a relatively small proportion of New Zealand’s overall kiwifruit exports.  The Regulations also specify the role and functions of Kiwifruit New Zealand (KNZ), the industry regulator.

MPI considered proposal amendments to the Regulations relating to:

  • the ownership of Zespri shares
  • Zespri's core business
  • the governance, funding and operation of Kiwifruit New Zealand (including collaborative marketing).

Full details of the proposed changes were in the consultation document Proposed Amendments to the Kiwifruit Export Regulation 1999.  When the consultation opened, MPI had not reached any final view as to what mix of the proposals would best ensure that the Regulations were brought up-to-date and position the industry for growth in coming years.

The proposed amendments under consideration arose out of the findings of the industry-led Kiwifruit Industry Strategy Project (KISP) and out of a government-commissioned independent review of Kiwifruit New Zealand.  A copy of the report of the independent review of Kiwifruit New Zealand was available to support your submission.

Making a submission

Due to the Easter holiday, the submission period was extended to 5pm on 29 March 2016. Submissions could be emailed to kiwifruit.regulations@mpi.govt.nz

Make sure you included in your submission:

  • the title of the consultation document in the subject line of your email
  • your name and title, if applicable
  • your organisation's name (if you're submitting on behalf of an organisation)
  • your contact details (for example, phone number, address and email).

While we prefer email, you could send your submission by post to:

Forestry and Plant Team, Sector Policy
Ministry for Primary Industries
PO Box 2526
Wellington 6140
New Zealand.

All submissions received by the closing date were considered before final consideration was given to the proposed amendments.

Submissions are public information

MPI intends to publish a summary of submissions received on this consultation document.

In addition to this summary, everyone has the right to request information held by government organisations, known as "official information".  This includes your submission.  Under the Official Information Act 1982 (the OIA), information is to be made available to requestors unless there is good reason for withholding it.  The grounds for withholding information are outlined in the OIA.

If you are submitting, you may wish to indicate any grounds for withholding information contained in your submission.  Reasons for withholding information could include that information is commercially sensitive or that you wish your personal information be withheld, such as your name or contact details.  MPI will take your indications into account when determining whether or not to release the information.

Any decision to withhold information requested under the OIA may be reviewed by the Ombudsman.

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