G/STR/Q1/NZL/8  
22 September 2014  
(14-5284)  Page: 1/2  
Working Party on State Trading Enterprises  Original: Spanish  
 
  STATE TRADING 
QUESTIONS FROM CHILE REGARDING THE NEW AND FULL ARTICLE XVII 
NOTIFICATION OF NEW ZEALAND1 
The following communication, dated 19 September 2014,  is being circulated at the request of the 
delegation of Chile.  
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  Regarding section II.B of Notification G/STR/N/15/NZL 
According to the notification, Zespri's purpose is to "obtain the best commercial return from world 
markets" for kiwifruit producers. The arrangements set up under the Restructuring Act 1999 and the Kiwifruit Export Regulations 1999, which gave  rise to Zespri, maintained the historical 
exclusion from the single kiwifruit export system  (since 1977) of kiwifruit exports for consumption 
in the Australian market (which exports are subj ect to special regulations under the New Zealand 
Horticulture Export Authority Act 1987). 
1. Bearing in mind the evolution of New Zealand's kiwifruit exports over the past few decades, 
what is the purpose today of maintaining a different arrangement for exports destined for Australia? How does this exclusion contribute  to the purpose stated by the New Zealand 
Government as a justification for maintaining Zespri? 
Regarding section III.C of No tification G/STR/N/15/NZL 
The notification states that Kiwifruit New Zealand is tasked with assessing applications from 
"other" prospective exporters to export kiwifruit in collaboration with Zespri. According to 
paragraph 24 of Part 4 of the Kiwifruit Export Regulations 1999, "[t]he purpose of this Part 
(Collaborative marketing) is to enable the Board to require ZGL (Zespri) to enter into collaborative marketing arrangements for the purpose of increasi ng the overall wealth of New Zealand kiwifruit 
suppliers". 
2. In examining an application from a non-Zespri exporter, what specific criteria does Kiwifruit 
New Zealand use to evaluate the increase in "ove rall wealth of New Zealand kiwifruit suppliers"? 
3. What criteria other than those mentioned in the previous question does Kiwifruit 
New Zealand use in assessing applications from non-Zespri exporters? 
4. Although Zespri's declared purpose is to benefit New Zealand's kiwifruit "producers",  
the Regulations 1999 mention the wealth of Zespri  "suppliers". Are the interests of kiwifruit 
producers that are not Zespri suppliers taken into account in assessing an application to export 
under a collaborative arrangement? How does this work in practice? 
5. Could New Zealand provide statistics on the number of applications received, the number 
of applications approved and the number of applications declined over the last five seasons? 
                                               
1 G/STR/N/15/NZL. G/STR/Q1/NZL/8 
- 2 - 
  6. Could New Zealand provide examples of th e reasons for declining export applications, 
for example, over the last five seasons (as referre d to in paragraph 28(c)(i) of the Kiwifruit Export 
Regulations 1999)? 
Paragraph 26 of Part 4 of the Kiwifruit Export Regu lations 1999 ("Allocation of part of kiwifruit crop 
for collaborative marketing") states that Kiwifruit New Zealand may (after the commencement 
of each season) "direct ZGL to make a certain volume of kiwifruit available for collaborative marketing arrangements in that current season". 
7. Has Kiwifruit New Zealand exercised that authority over the past few years? 
8. If it has not exercised the authority to designate a certain volume of kiwifruit production for 
collaborative arrangements, could New Zealand explain why? 
Regarding Table II of Noti fication G/STR/N/15/NZL 
9. Could New Zealand confirm whether or not the figures in Table II include the quantities 
exported to Australia? If they do, could New Zeal and provide figures for Zespri's exports and those 
under collaborative arrangements, leaving out those destined for Australia? 
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