The Prior Notice Rule - Regulation 10A

ZGL must inform Board before carrying out activities that support core business

1.  ZGL must inform the Board before carrying out any activities that are not the core business but do support the core business.


2.  For the purposes of this regulation and regulation 11, an activity supports the core business if -
  1. the activity is likely to enhance the performance of the core business; and

  2. the activity poses no more than a low risk (if any) to the interest of producers

3.  A consideration of the nature of any risk under subclause (2)(b) must -

  1. first take into account any measures that ZGL has put in place to mitigate the effects of any risk event; and
  2. then consider -
    1. the likelihood of a risk event occurring; and
    2. the impact on the interests of producers if a risk event occurred.
4.  In subclause (3), risk event means an event identified as a risk to the interests of producers that is posed by the activity. 

5. In this regulation and regulation 11, -
      activity includes, without limitation, the ownership or operation of an asset
      risk means foreseeable risk.

6. This regulation and regulation 11 do not apply to -
  1. sales of New Zealand-grown kiwifruit in New Zealand where the level of sales is incidental to the size of the total New Zealand market provided that the incidental sales are not more than 300,000 trays of kiwifruit sold by ZGL in the New Zealand market; and
  2. sales of New Zealand-grown kiwifruit in Australia.