Zespri GLOBALG.A.P. Contractor Programme Terms
If your application for registration for Zespri’s GLOBALG.A.P. Contractor Programme (the “Programme”) is approved by Zespri, you must comply with these terms and conditions, as amended from time to time upon notification to contractors currently registered in the Programme (“Programme Terms”), at all times. The Programme Terms also apply if a provisional PMO number or an interim CAV is issued. You acknowledge and agree that the consequences of failing to comply with the Programme Terms may result in suspension or cancellation of your registration in the Programme and the associated CAV.
For the purpose of these Programme Terms:
- CAV means compliance assessment verification.
- GAP means Zespri's Good Agricultural Practice programme.
- GRASP 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.
- PMO number means Produce Marketing Organisation and is a term used to refer to the Option 2 certified group under the GLOBALG.A.P. standard.
- Programme means the Zespri GLOBALG.A.P. Contractor Programme.
- Programme Terms means these terms and conditions as amended from time to time upon notification to contractors currently registered in the Programme.
- You means the person or entity granted registration in the Programme, 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.
1. No guarantee as to services
- Zespri makes no guarantee that, by being registered in the Programme and holding a current CAV, you will be contracted by any Growers or other industry participants to provide kiwifruit services or carry out Orchard Activities.
- You are responsible for your relationship, and arrangements, with any Growers or other industry participants for whom you undertake activities or to whom you provide services.
- You may only subcontract for legitimate business reasons (in compliance with relevant legislative and regulatory requirements), to contractors that are registered in the Programme and hold a current and valid CAV. You must use best endeavours to ensure any subcontractors hold a current and valid CAV each time you engage them.
- You are responsible for your relationship and arrangements with any subcontractors for whom you engage.
3. 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 the Programme Terms, any legislative or regulatory requirement, or any requirement in Zespri’s Supplier Code of Conduct, GAP or GRASP Programmes, 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).
4. 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.
- You must demonstrate implementation of and adherence to of systems required by the GAP Programme and GRASP Module, 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 Programme Terms.
6. Information and Inspections
- You must, if requested by Zespri, provide Zespri with any information relating (directly or indirectly) to your registration in the Programme and the associated CAV.
- You must have your systems and processes and Orchard Activities inspected annually by an Inspector and you must not use the same Inspector for more than two consecutive years (i.e. every third inspection must be completed by a different 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 the Programme Terms.
7. 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 Programme 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 Programme 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 Programme registration application process, and CAV process;
- any audits and inspections that it carries out in relation to you; and
- 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 Programme registration and associated CAV to:
- make sure that you are complying with these Programme Terms;
- make decisions about your suitability to have and maintain registration in the Programme and the associated CAV; and
- investigate and manage 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.
8. Annual renewal of your CAV
- To retain registration in the Programme, you must renew your CAV and have your systems and processes inspected annually by a Zespri-approved inspector prior to your CAV expiry. Completing your annual renewal inspection early will not shorten your 12-month validity period. The start date for your new CAV will be taken from the expiry date of your previous CAV. You must not use the same Inspector for your annual renewal inspection for more than two consecutive years (i.e. every third inspection must be completed by a different Inspector).
- If your first choice of Inspector is unable to complete your annual renewal inspection before the expiry of your CAV, it is your responsibility to organise an alternative Inspector to complete your annual renewal inspection. Extensions will not be given for Inspector unavailability.
- If you allow your CAV to expire your CAV will be deemed to be cancelled and you will be removed from the Programme. If you wish to re-enter the Programme you will need to re-apply and complete the vetting and inspection process. In genuine extenuating circumstances extensions may be considered if you contact Zespri PRIOR TO THE EXPIRY of your CAV.
9. 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 Programme, or any CAV inspection.
10. Transfer of your CAV
- You may not transfer your registration in the Programme or the associated CAV to a third party without PRIOR WRITTEN APPROVAL from Zespri. Any transfer without prior approval from Zespri can result in cancellation of your registration in the Programme and the associated CAV.
- Any change of ownership or control is deemed to be a transfer.
11. 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 is going to be a change of ownership of control.
12. Suspension and cancellation of your CAV
- Zespri may, at its sole discretion, suspend or cancel your registration in the Programme and the associated CAV if you breach or fail to meet any of the Programme Terms, or Zespri suspects that you have breached or failed to meet any of the Programme Terms.
- If Zespri suspends or cancels your Programme registration or associated 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 Programme registration or associated CAV.
- Zespri publishes a list of current Programme contractors on its website. If your Programme registration or associated 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)), Inspectors and other third parties of the suspension or cancellation of your CAV; and
- update its website to record that your Programme registration or associated CAV has been suspended or cancelled (as the case may be).
- If your Programme registration or associated CAV is suspended, Zespri may, at its sole discretion, cancel the suspension and restore your registration or associated CAV, in which case you may resume carrying out Orchard Activities.