T&G told to head to regulator
T&G told to head to regulator
0 Comments | Dominion Post; Wellington, New Zealand, Jul 23, 2010 | by Nick KRAUSE
TURNERS & GROWERS, the listed produce marketer, should take its gripes to the industry regulator, Kiwifruit New Zealand, and not the courts, kiwifruit marketer Zespri argues.
Regulations governing Zespri’s export monopoly are being challenged by Turners and Growers in the High Court at Auckland this week. T&G wants the right to export its own kiwifruit varieties globally, but the Kiwifruit Regulations 1999 prevent any party but Zespri from exporting beyond Australia.
Zespri’s lawyer, David Goddard QC, told the court that Parliament intended that complaints about non-compliance would be determined by Kiwifruit NZ, “an expert body that can draw on its own industry expertise and its experience in administering these and other aspects of the regulatory regime”.
“Any complaint seeking any relief must be made to Kiwifruit New Zealand. That, in a nutshell, is the argument. Any issue that arises under them [Regulations 9 and 11 under the Kiwifruit Export Regulations] should be dealt with by KNZ.”
Their complaints were provided for under the regulations, and if T&G were to then disagree with any Kiwifruit NZ decision, it could then seek judicial review. “The court should not accept Turners & Growers’ invitation to take over KNZ’s functions.”
The hearing, due to wrap up today, is to determine whether the regulations that purportedly give Zespri a monopoly are unlawful. It is also to establish whether the court has jurisdiction to determine whether Zespri has been acting in breach of regulations 9 (non- discrimination rule) and 11 (non-diversification). Non- discrimination prohibits unjustifiable discrimination between suppliers of kiwifruit
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