G/STR/Q1/NZL/13  
 
30 November 2015  
(15-6303)  Page: 1/3  
Working Party on State Trading Enterprises  Original: English  
 
  STATE TRADING 
REPLIES TO FOLLOW-UP QUESTIONS1 FROM CHILE REGARDING 
THE NEW AND FULL ARTICLE XVII NOTIFICATION OF NEW ZEALAND2 
The following communication, dated 30 November 2015, is being circulated at the request of the 
delegation of New Zealand.  
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  With regard to the replies in document G/ STR/Q1/NZL/10, the Government of Chile 
requests that New Zealand provide cl arification on the following points: 
 In its first reply, New Zealand states that  the different arrangement maintained until 
now for kiwifruit exports destined for Australi a is based on a "special and close trading 
relationship" between both countries, as re flected in the Closer Economic Relations 
Trade Agreement 1983. 
 
Question 1  Which elements or provisions of the abov e-mentioned Agreement - in particular as 
regards conditions for the trading of goods - distinguish or differentiate it from other 
trade integration arrangements of a similar na ture and with similar objectives, such as 
the P4 Agreement and the TPP Agreem ent currently under negotiation? 
 
Reply: 
 
As indicated in our earlier response, New Zealand and Australia have a special and close economic 
and trade relationship, which has existed for generations and which is reflected in the comprehensive Australia and New Zealand Closer Economic Relations Trade agreement (CER). CER 
entered into force in 1983. Australia has a historical exclusion from New Zealand's single kiwifruit 
export system (dating back to 1977), which re flects the unique nature of the New Zealand-
Australia economic and trade relationship. 
With regard to export applications from producers that are not part of ZESPRI 
("collaborative marketing arrangement"), New Zealand states that the criterion applied 
to assess each application is "how well that  arrangement will contribute to the purpose 
of increasing the overall wealth of  New Zealand kiwifruit suppliers". 
 
                                               
1 G/STR/Q1/NZL/12. 
2 G/STR/N/15/NZL. G/STR/Q1/NZL/13 
 
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  Question 2 
 What specific technical parameters does Kiwifruit New Zealand use to conduct this 
assessment? 
 
Reply: 
 
Information on the assessment of collaborative marketing arrangements for kiwifruit, including 
relevant contact information, is publically available on Kiwifruit New Zealand's website: http://www.knz.co.nz.  Specific guidance can be found under Chapter 7 of the Collaborative 
Marketing Guiding Principles in New Zealand Kiwifruit Board's Procedures Manual and the 
Collaborative Marketing Applications Information Document for each season. See: 
 http://www.knz.co.nz/wordpress/wp-content /uploads/CURRENT-Procedures-Manual.pdf  
http://www.knz.co.nz/wordpress/wp-content /uploads/KF-2016-17-C M-Info-Document.pdf . 
 
Question 3 
 
Are there any regulations establishing these parameters?  Reply: 
 Kiwifruit New Zealand is required to assess applications in accordance with Part 4 of the Kiwifruit Export Regulations 1999. Specifically, that when assessing applications for collaborative marketing 
arrangements Kiwifruit New Zealand exercises this power and function that best achieves the 
stated purpose in Part 4: "require [Zespri] to enter into collaborative marketing arrangements for the purpose of increasing the overall wealth of  New Zealand kiwifruit su ppliers". The Kiwifruit 
Export Regulations can be accessed here: 
 http://www.legislation.govt.nz/regulation/p ublic/1999/0310/latest/w hole.html%23DLM294453 .  
 
Question 4 
 Is there any mechanism whereby anyone intere sted in applying can find out about the 
parameters prior to submitting their application? 
 Reply: 
 See response to question 2 above.  Question 5 
 
Do the parameters include any indication of the varieties of kiwifruit that can be exported? 
 
Reply: 
 
Under the Kiwifruit Industry Restructuring Act 1999, 'kiwifruit' means the fruit of a kiwifruit vine, 
and 'kiwifruit vine' means a plant of the genus Actinidia . 
 Question 6 
 
Could New Zealand please explain the criteria it  uses to interpret the term "supplier", in 
this particular provision, in a way that is  different from how it is defined in the 
Regulations? 
 Reply: 
 Beyond the definitions provided in the Kiwifr uit Export Regulations 1999, Section 5 of the 
Interpretation Act 1999 provides general guidance on interpretation of New Zealand Statutes.  
 G/STR/Q1/NZL/13 
 
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  Question 7 
 Could New Zealand please provide statisti cs on the total number of New Zealand 
kiwifruit producers, the number of producer s that are ZESPRI suppliers and the number 
of producers that are not ZESPRI suppliers? 
In the 2014/2015 season New Zealand had a total of 2,543 producers. During the 2014/15 season 
2,540 producers supplied kiwifruit to Zespri and th ree producers did not supply kiwifruit to Zespri. 
 
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