Non-Compliances, Corrective Actions and Sanctions

Non-Compliances, Corrective Actions and Sanctions

This section details what must be met in order to comply with GAP requirements.

  • Contractors need to meet the requirements set out in the inspection checklist.

  • The requirements that need to be met are either mandatory or best practice. 

    • All mandatory requirements must be met in order to achieve a CAV. 

    • Best practice requirements are encouraged to be met. 

Non-Compliances

After your inspection you will be issued with an outcome. This will detail if you have any actions to complete before your CAV is issued. 

A non-compliance is any failure to meet the mandatory requirements identified during an inspection. Your outcome will detail what the failure is.  

If you have non-compliances to address, your inspector will tell you what actions need to be done and the time frame in which you need to complete them. 

It is your responsibility to ensure that all actions are completed; otherwise you will not pass the inspection and obtain your CAV. You cannot start work without a CAV.

If you have multiple non-compliances, your inspector may determine that a CAV cannot be issued.  If you hold an existing CAV, a decision may be made on whether or not you have failed to meet your requirements and, in this case, the inspector may issue a sanction.  

Corrective Actions

Once a non-compliance has been identified, you need to put in place corrective action.

Corrective action will be discussed between the Zespri-approved Inspector and the Contractor.  In addition to this:

  • Corrective actions and time frames for implementation are to be agreed in writing 

  • The standard time frame given for the completion of any corrective actions issued is a maximum of 28 days

  • Once corrective actions have been implemented, there may be subsequent inspections required to verify the effectiveness of the corrective actions

  • All corrective actions need to be verified as having been implemented

  • All actions taken must be recorded

Sanctions

Sanctions are issued for many reasons. Depending on the type, number and severity of the issue, you could receive a warning, suspension or cancellation.

Zespri maintains the right to cancel a contractor's CAV.  Cancellation will be considered for serious issues - such as repeated refusal or inability to close out GAP non-compliance or the use of fraudulent data/information.

There are three types of sanction, as follows:

Warning

This is issued when non-compliance(s) have been identified that warrant a warning, including (but not limited to):

  • Failure to follow up and close out corrective actions identified during an inspection

  • Failure to follow or demonstrate you comply with your documented procedures and systems

  • Failure to meet your regulatory requirements

Suspension

This is issued when:

  • You are found to be working without a valid CAV

  • When the action(s) detailed in your warning are not completed as agreed

  • When you breach or fail to meet any of the Contractor Obligations

  • When Zespri suspects that you have breached or failed to meet any of the Contractor Obligations

Cancellation 

Cancellation of your CAV can result from a Warning or Suspension, or be an immediate outcome based on the severity of the non-compliance identified.

What happens if I have a Sanction? 

  • The written sanction will be issued, instructing you what action needs to be taken (if any) and the time frame in which it needs to be completed.  

  • Usually you will have up to 28 days to correct any issues identified in a Warning.

  • Zespri may advise the industry that you are no longer compliant and therefore unable to be used for any work on a kiwifruit orchard that supplies Zespri. 

  • You can re-apply to become compliant, but you are unable to work on any kiwifruit orchards until this process is completed and you are deemed compliant. 

  • If 6 months has lapsed since your suspension and corrective action has not been taken, then your registration as a contractor with Zespri will be cancelled and industry will be advised of your removal from the GAP Contractor program.

  • Any costs associated with the sanction process are your responsibility and must be paid in full before the sanction is lifted or your CAV is reinstated.

  • If you have been suspended, or had your CAV cancelled, and seek to Register with Zespri, Zespri has the right to refuse Registration.

  • Zespri has the right to publish and notify growers, or other affected parties, where a sanction results in the suspension or cancellation of a CAV.  This includes listing the name of the Contractor and directly named parties on the Contractor Register, on Zespri website(s) and via other communications.