Zespri GLOBALG.A.P. Contractor Program Terms

  • If your application for registration for Zespri’s GLOBALG.A.P. Contractor Program is approved by Zespri, you and must comply with the obligations set out in these terms (“Contractor Obligations”). These obligations also apply if a provisional PMO number or a provisional CAV is issued.
  • For the purpose of these Contractor Obligations:
    • CAV means compliance assessment verification
    • GAP Programme means Zespri's Good Agricultural Practice programme
    • GRASP Module means Zespri's GLOBALG.A.P. Risk Assessment on Social Practice add-on module
    • Grower means a person or entity that grows kiwifruit for Zespri
    • Inspector means a person or entity approved by Zespri to carry out inspections of its CAV contractors
    • Orchard means an orchard that includes kiwifruit grown for Zespri
    • Orchard Activities means any activities that you undertake that relate (either directly or indirectly) to an Orchard, which could include spray applications, vine-work (including harvesting, pruning, and canopy work), and fertilizer application
    • You means the person or entity granted registration in the Zespri GLOBALG.A.P. Contractor Program, and includes your employees, contractors, staff, officers, volunteers, agents, and any persons otherwise engaged by you
    • Zespri includes any persons appointed to act by or on behalf of Zespri

No guarantee as to services

  • Zespri makes no guarantee that, by being registered in the Zespri GLOBALG.A.P. Contractor Program and holding a current CAV, you will be contracted by any Growers to provide kiwifruit services or carry out Orchard Activities
  • You are responsible for your relationship, and arrangements, with any Growers for whom you undertake activities or to whom you provide services

Compliance obligations and notification of breaches and non-compliance

  • You must at all times comply with:
  • If you become aware that you are or may be in breach of your Contractor Obligations, any legislative or regulatory requirement, or any requirement in Zespri’s Supplier Code of Conduct or GAP and GRASP Program, you must immediately advise Zespri of that fact and provide any information requested by Zespri relating to the actual or possible non-compliance
  • You must immediately advise Zespri if you or anyone who is employed, contracted, or otherwise engaged by you is being investigated by a government or regulatory authority (for example, the Labour Inspectorate or Immigration New Zealand)

Evidence of your CAV

  • You must provide a copy of your CAV to any Grower on request by the Grower, and ensure that you have a copy of your CAV with you when you are working on any Orchard

Records

  • You must demonstrate implementation of and adherence to of systems required by GAP and GRASP, and accurate record-keeping in place for all aspects of your business
  • You must be able to demonstrate that your systems are understood and have been fully implemented, and maintain records that support this, including that you must be able to provide information to Zespri as set out in these Contractor Obligations

Information and Inspections

  • You must, if requested by Zespri, provide Zespri with any information relating (directly or indirectly) to your registration in the Zespri GLOBALG.A.P. Contractor Program and holding a CAV
  • You must have your systems and processes and Orchard Activities inspected annually by an Inspector.
  • You agree that, at any time, Zespri may undertake an inspection of any of your Orchard Activities, which could include unannounced inspections. You must co-operate with any Inspectors, including by providing any information requested, and making any of your employees, contractors, staff, volunteers, agents, or other persons engaged by you available to meet with and provide information to the Inspector
  • You acknowledge and agree that Zespri may make enquiries and seek information relating into your trading activities, or any other relevant information including personal information about you and your workers, as part of ensuring that you are complying with your Contractor Obligations

Privacy Statement

  • You agree that:
    • you have read and understood Zespri’s Global Privacy Statement, and consent to the collection, use and sharing of any personal information as set out in the Global Privacy Statement;
    • your key persons and staff (including your employees, contractors, volunteers, agents, and other persons engaged by you) have also read and understood these Zespri GLOBALG.A.P. Contractor Program Terms including this Privacy Statement, and Zespri’s Global Privacy Statement, and consent to the collection, use and sharing of any personal information about themselves as set out in these Terms and those Privacy Statements
    • you understand that Zespri will collect information that may include personal information about you, and/or individuals working for or with you, through:
      • the Zespri GLOBALG.A.P. Contractor Program registration application process, and CAV process
      • any audits and inspections that it carries out in relation to you
      • any information requests made to you or to third parties, which could include industry bodies and government agencies
    • the information we collect may include names and contact information of key persons and staff, information about their criminal record, charges they are facing, and investigations they have been or are involved in, compliance with any regulatory requirements and information about their past and current experience and involvement in the kiwifruit industry and other relevant business experiences
    • Zespri may use any personal information that it collects in relation to your Zespri GLOBALG.A.P. Contractor Program registration and CAV to:
      • make sure that you are complying with these Contractor Obligations;
      • make decisions about your suitability to have and maintain registration in the Zespri GLOBALG.A.P. Contractor Program and a CAV
      • investigate and managing any complaints from or about you, or issues that Zespri becomes aware of relating to you
    • Zespri may disclose any personal information about you and your key persons and staff to its agents and professional advisors, third party providers who provide services to Zespri, industry bodies including Kiwifruit NZ, NZ Kiwifruit Growers Incorporated and Kiwifruit Vine Health Incorporated, and government agencies, and otherwise as permitted under the Privacy Act 2020

Renewal of your CAV (Compliance Assessment Verification)

  • If you wish to renew your CAV, you must have your systems and processes inspected by an Inspector, and provide your application for renewal to Zespri, at least 6 weeks before the expiry of your CAV.

Change of information

  • You must notify Zespri immediately of any changes to the details you have provided to Zespri at the time of your application for registration in the Zespri GLOBALG.A.P. Contractor Program, or any CAV inspection

Change of ownership or control

  • A change of ownership or control occurs when there is a sale, transfer, or other disposal of any majority interest in your ownership or control
  • You must notify Zespri immediately if there has been, or is going to be, a change of ownership of control

Transfer of your CAV

  • You may not transfer your registration in the Zespri GLOBALG.A.P. Contractor Program or CAV to a third party without Zespri's consent.
  • Any change of ownership or control is deemed to be a transfer.

Suspension and cancellation of your CAV 

  • Zespri may, at its sole discretion, suspend or cancel your registration in the Zespri GLOBALG.A.P. Contractor Program and CAV if you breach or fail to meet any of the Contractor Obligations, or Zespri suspects that you have breached or failed to meet any of the Contractor Obligations
  • If Zespri suspends or cancels your Zespri GLOBALG.A.P. Contractor Program registration or CAV, you must immediately stop carrying out any Orchard Activities
  • You will not hold Zespri responsible for any loss of business or reputational damage that arises following any suspension or cancellation of your Zespri GLOBALG.A.P. Contractor Program registration or CAV
  • Zespri publishes a list of current Zespri GLOBALG.A.P. Contractor Program contractors on its website.  If your Zespri GLOBALG.A.P. Contractor Program registration or CAV is suspended or cancelled, Zespri may:
  • advise growers, industry bodies (including Kiwifruit New Zealand (KNZ), New Zealand Kiwifruit Growers Inc (NZKGI)and Kiwifruit Vine Health Inc (KVH)), and other third parties of the suspension or cancellation of your CAV; and
  • update its website to record that Zespri GLOBALG.A.P. Contractor Program registration or CAV has been suspended or cancelled (as the case may be)
  • If your Zespri GLOBALG.A.P. Contractor Program registration or CAV is suspended, Zespri may, at its sole discretion, cancel the suspension and restore your registration or CAV, in which case you may resume carrying out Orchard Activities.