have no expiry date:

contain provisions to ensure that the Board will not incur any liabilities in respect of the export ban or anything done or omitted to be done by ZGL:

require the point of acquisition of title to kiwifruit purchased for export to be at FOBS (or, at ZGL’s discretion, later in the supply chain than FOBS).

a limit on the percentage of the kiwifruit crop that is available to ZGL to export (other than via collaborative marketing):

a requirement that ZGL purchase any particular proportion of the kiwifruit crop:

the basis on which ZGL is to purchase and pay for kiwifruit (other than in connection with the non-discrimination rule):

an assertion of rights by the Board over any of ZGL’s assets, including intellectual property:

the Board to have any right or obligation to approve any transactions entered into by ZGL (other than in respect of collaborative marketing):

the Board to have any rights or powers in respect of kiwifruit pool administration or control (other than in respect of collaborative marketing):

the Board to have any right or power to receive any of ZGL’s revenue or income whatsoever (except the fees referred to in regulation 7(1)(c)):

any events on which the export authorisation is to terminate (except in the case of ZGL’s insolvency):

compensation for any person if the export ban is revoked:

any matters other than those reasonably necessary for the effective implementation of the requirements in regulation 5 or the discretionary requirements in regulation 7:

any variation of the provisions of Part 3.

the appointment of a receiver; or

the appointment of a liquidator or interim liquidator under Part 16 of the Companies Act 1993; or

the removal of ZGL from the register of companies kept pursuant to section 360(1)(a) of the Companies Act 1993; or

the appointment of a statutory manager under Part 3 of the Corporations (Investigation and Management) Act 1989.

provide for an enforcement regime to ensure reasonable compliance with the matters referred to in regulation 33(1)(b):

provide for the Board to make determinations on, and administer, the exemptions in respect of the information disclosure requirements under regulation 21:

provide for ZGL to pay to the Board—

require ZGL to enter into collaborative marketing arrangements approved by the Board:

provide for any other matters reasonably necessary for the effective implementation of the requirements in this regulation or regulation 5.

the identification of enforcement events:

procedures which comply with natural justice:

remedies, including provisions enabling affected persons to initiate, by way of complaint to the Board, an action through the enforcement regime and to receive an appropriate remedy if their claim is made out.

submit to the Minister for approval, in sufficient time to enable the implementation of the first authorisation on 1 June 2000, the range of enforcement options to be included in the enforcement regime; and

submit to the Minister for approval any proposed variation in that range of enforcement options; and

comply with any request made by the Minister arising from the submission for approval.

encouraging innovation in the kiwifruit industry while managing risks associated with activities that are not the core business; and

promoting efficient pricing signals to shareholders and suppliers; and

providing appropriate protections for producers and ZGL’s shareholders and suppliers; and

promoting sustained downward pressure on ZGL’s costs.

a decision on whether to purchase kiwifruit; or

the terms of the purchase contract.

the activity is likely to enhance the performance of the core business; and

the activity poses no more than a low risk (if any) to the interests of producers.

first take into account any measures that ZGL has put in place to mitigate the effects of any risk event; and

then consider—

sales of New Zealand-grown kiwifruit in New Zealand where the level of sales is incidental to the size of the total New Zealand market provided that the incidental sales are not more than 300 000 trays of kiwifruit sold by ZGL in the New Zealand market; and

sales of New Zealand-grown kiwifruit in Australia.

ZGL has carried out a process in which all producers have been—

the following results were obtained from the process:

ZGL has minimised, as far as is reasonably practicable, the risks (arising from carrying out the proposed activities) for the producers who have not agreed (whether or not those producers voted).

kiwifruit that is produced is calculated in kilograms:

each kilogram of kiwifruit is only counted once:

if the land on which the kiwifruit is produced is under a lease of at least 1 year’s duration, the kiwifruit produced on that land is counted as being from the producer who owns the land unless, before the voting under subclause (1), the producer allocates the production to the lessee.

be prepared in accordance with generally accepted accounting practice and the allocation methodology in the Handbook; and

disclose the information specified in the Handbook.

the definition of ZGL’s business activities:

the allocation methodology that must be used for preparing the financial statements and allocating the expenses, revenues, assets, and liabilities amongst ZGL’s business activities:

the disclosure of the manner in which the allocation methodology has been applied:

the information that must be specified in the financial statements disclosed under regulation 12:

the disclosure of transfer payments (whether actual or notional) amongst the business activities:

the disclosure of financial performance measures, or information from which financial performance measures may be derived, or both:

the form of the disclosures (including requirements as to separate, consolidated, and reconciliation information):

the audit and certification of disclosed information:

the retention of data on which disclosed information is based and associated documentation.

its terms and conditions, and any amendments to those terms and conditions, for the purchase of kiwifruit grown in New Zealand; and

the period for which each set of terms and conditions, including amendments, is applicable.

the number of suppliers to which each set of terms and conditions were applied; and

the volume of kiwifruit to which each set of terms and conditions were applied.

within 3 months after the beginning of each financial year, the methodology used at the beginning of that financial year to determine the payments for kiwifruit; and

any change in the methodology, or adoption of a different methodology, within 1 month of the change or the different methodology taking effect.

the relationship between purchase prices and selling prices; and

the key costs (including cost of capital incurred by ZGL) and other factors that explain the differences between purchase prices (paid to suppliers) and selling prices; and

any other information on which ZGL is relying to justify discrimination amongst suppliers.

the identity of each person approved by the Board to be a collaborative marketing approval holder; and

the volume of kiwifruit marketed by each collaborative marketing approval holder; and

financial information to enable an assessment to be made as to whether the net returns to suppliers in respect of each collaborative marketing arrangement were greater than would have been the case if the collaborative marketing arrangement had not been approved, including the methodology used by ZGL to allocate costs to the collaborative marketing approval holder.

information that is publicly disclosed must be publicly disclosed for a period of at least 4 years:

information relating to any terms and conditions under regulation 14 that is publicly disclosed must be publicly disclosed for a period of at least 4 years or until the terms and conditions are no longer applied, whichever is the longer.

give a qualified audit report; and

explain in the qualified audit report the respects in which the statements fail to comply.

a copy of all statements and information required to be publicly disclosed under this Part within 1 week after the statements and information are first required to be made so available:

any further statements, reports, agreements, particulars, and other information requested in writing by the Board for the purpose of monitoring ZGL’s compliance with these regulations.

declares that the statements, reports, agreements, particulars, and information are the statements, reports, agreements, particulars, and information requested by the Board; and

to the best of the director’s knowledge, contain all the statements, reports, agreements, particulars, and information in the possession of ZGL which relate to the request.

must remain a company registered only under the Companies Act 1993:

must not have voting shares other than ones that are fully tradeable (not based on any supply criteria) at least among producers.

the rules are based on the amount of kiwifruit supplied to ZGL; and

the rules apply only to producers.

the rights in section 36(1)(a) of the Companies Act 1993 may be negated or altered by ZGL’s constitution only for the purpose of limiting shareholder’s voting rights based on supply of kiwifruit to ZGL:

the rights in section 36(1)(b) of the Companies Act 1993 may be negated or altered by ZGL’s constitution only to the extent that they apply to shareholders who are not producers:

the rights in section 36(1)(c) of the Companies Act 1993 may not be negated or altered by ZGL’s constitution.

all shareholders are entitled to vote on the question; and

each share entitles the shareholder to 1 vote on the question.

be approved, as if it were an alteration to which section 32 of the Companies Act 1993 applied, by a resolution of a majority of 75% of the votes of all shareholders who are entitled to vote under subclause (2) and are voting on the question; and

be approved, as if it were an alteration to which section 117 of the Companies Act 1993 applied, by a resolution of each interest group that is passed by a majority of 75% of the votes of all shareholders in the interest group who are entitled to vote under subclause (2) and are voting on the question.

may before deciding whether to approve the application indicate to the applicant possible changes to the application which, if included, would improve the prospects of the application being approved; and

may, in approving an application, impose any reasonable and necessary conditions; and

must, after deciding an application—

to authorise the export of kiwifruit at FOBS, and to set the terms of the authorisation in accordance with Parts 1 and 2:

to monitor and enforce—

to determine collaborative marketing applications in accordance with Part 4:

to act in accordance with its statement of intent.

set out the objectives that the Board intends to achieve or contribute to; and

explain the nature and scope of the Board’s functions and intended operations; and

explain how the Board intends to manage its functions and operations to meet its objectives; and

explain how the Board proposes to manage its organisational health and capability; and

explain how the Board intends to assess its performance; and

set out and explain any other matters that are reasonably necessary to achieve an understanding of the Board’s intentions and capability.

from the first day of the first financial year to which it relates; and

until the close of the final day of the last financial year to which it relates.

provide, in accordance with subclause (3), the final statement of intent to the Minister before the commencement of the first financial year to which it relates; and

publicly disclose the statement of intent (as soon as practicable after providing the statement of intent to the Minister).

the statement of intent contains information that is false or misleading in a material particular; or

the intentions and undertakings of the statement of intent are significantly altered by any change to the law or to the Board’s operating environment.

on the date that the final amendment is provided to the Minister; and

until the close of the final day of the last financial year to which the original statement of intent relates.

carry on any commercial activity, including the purchase or sale of kiwifruit:

operate to make a profit.

3 members are to be elected by producers in accordance with regulation 37; and

2 members are to be appointed by the Minister in accordance with subclause (2); and

1 member is to be appointed as chairperson by the Minister in accordance with subclause (3).

the Board must identify the skills, knowledge, and experience that a member must have:

the chief executive of the Ministry must compile a list of people who are fully independent of the kiwifruit industry and suitable for appointment as members:

the chief executive of the Ministry must act under paragraph (b)—

the Minister must appoint the members from the list.

the chief executive of the Ministry must compile, in consultation with the Board, a list of people who are fully independent of the kiwifruit industry and suitable for appointment as chairperson; and

the Minister must appoint the chairperson from the list.

state the date on which the removal takes effect, which must not be earlier than the date on which the notice is received; and

state the reasons for the removal.

the owners of land in New Zealand on which kiwifruit is produced for export sale; or

such other persons determined by the Board to be producers of such kiwifruit.

whether the orchard was developed by a lessee of the land; or

whether the landowner or lessee who would otherwise be the producer consents to another person being the producer, in a case where the other person—

ZGL, in accordance with the export authorisation, for the costs incurred by the Board in administering that authorisation, including monitoring and enforcement under regulation 33(1)(b); and

ZGL and the applicants under the collaborative marketing regime; and

ZGL and the applicants for the reasonable costs of the Board’s communications with producers.

equity, in that funding for a particular function, power, or service, or a particular class of function, power, or service, should generally, and to the extent practicable, be sourced from the users or beneficiaries of the relevant functions, powers, or services at a level commensurate with their use or benefit from the function, power, or service:

efficiency, in that costs should generally be allocated and recovered in order to ensure that maximum benefits are delivered at minimum cost:

justifiability, in that costs should be collected only to meet the actual and reasonable costs (including indirect costs) of the provision or exercise of the relevant function, power, or service:

transparency, in that costs should be identified and allocated as closely as practicable in relation to tangible service provision for the recovery period in which the service is provided.

must set out the funding methods or structures that the Board has applied in the last 3-year period; and

explain how the Board decided the kind and level of charges to impose in that period; and

may include any other information that the Board considers relevant.

financial statements that comply with generally accepted accounting practice are—

the financial statements are audited by a qualified auditor; and

the financial statements and the auditor’s report are publicly disclosed.

a copy of its most recent audited financial statements and a copy of the auditor’s report; and

the information required to be publicly disclosed under regulation 15; and

a document that compares the performance indicators in the Board’s statement of intent with the actual performance information for the financial year.

in the event that an export authorisation or collaborative marketing arrangement is revoked:

for any act or omission relating to the export authorisation or the operation of ZGL or of any other person approved under a collaborative marketing arrangement.

a particular international obligation of New Zealand; and

an element of the performance of ZGL’s functions or the exercise of ZGL’s powers to which, in the Minister’s opinion, the obligation is relevant.