AVOGREEN® Owner-operator License

If you are a Grower who chooses to be accountable for monitoring their own orchard then you require an AVOGREEN® Owner-operator License with NZ Avocado. Regardless of who does the monitoring the Owner-operator is accountable for the compliance of the PPIN under the conditions of their Owner-operator licence and the AvoGreen system.

An AvoGreen Owner-operator works under the Terms and Conditions detailed in their Owner-operator licence with NZ Avocado. The licence is issued for the lifetime of the Grower owning the associated PPIN.
An Owner-operator must comply with the AvoGreen requirements stated in the AvoGreen manual. An Owner-operator must notify NZ Avocado immediately if there are any changes to their monitoring arrangements.

Fill out the form below to apply for an AVOGREEN® Owner-operator License.

  • AVOGREEN® Owner-operator License Agreement

    Parties and background
    This AvoGreen® Owner-operator Licencing Agreement (hereinafter, the “Agreement”) is entered into by and between the following parties (hereinafter, the “Parties”)
    NZ AVOCADO INDUSTRY LIMITED; a limited liability company, solely owned by NZ Avocado Growers’ Association Inc. Having its registered office at Harrington House, Harington Street, Tauranga (“AIL”)
    AND the applicant:
    A. The AvoGreen Programme is a pest monitoring and management initiative of AIL. This programme assists avocado growers in the timely and selective application of pesticides.
    B. The Specifications and Protocols of the insect pest monitoring programme are described in the AvoGreen Manual.
    C. AIL has registered AvoGreen as a trademark and therefore holds the intellectual property rights to that name.
    D. AIL agrees to licence the Owner-operator to manage the AvoGreen programme in accordance with the requirements of the Export Marketing Strategy, the Quality Manual and the AvoGreen Manual and in accordance with this agreement.

    AvoGreen® An Integrated Pest Management system in avocados that primarily uses monitoring to justify spray application.
    AvoGreen® Operator A business that supplies a monitoring service to growers and is accountable for execution, compliance and auditability of the AvoGreen Specifications and Monitoring Protocols.
    AvoGreen® Owner-operator A PPIN owner who is licensed with the AIL as an Owner-operator. A licenced AvoGreen Owner-operator is accountable for execution, compliance and auditability of the AvoGreen Specifications, Standard and Monitoring Protocols for the PPINS they own.
    AvoGreen® Owner-operator Pest Monitor An AvoGreen Owner-operator (and / or one other owner of the PPIN) who has trained and is accredited as an avocado pest monitor and is registered with the AIL to undertake AvoGreen pest monitoring on behalf of the Licenced AvoGreen Owner-operator.
    AvoGreen® Employee Pest Monitor An individual employed by an Operator or a permanent employee of an AvoGreen Owner-operator who has trained and is accredited and is registered with the AIL to undertake AvoGreen pest monitoring on behalf of either the registered AvoGreen Operator or Licenced AvoGreen Owner-operator.
    Grower A person whose business is, or includes, the growing of avocados in New Zealand, for sale in New Zealand or export, and is a member of NZ Avocado Growers’ Association Inc.
    Sampling Plan Refers to part of the AvoGreen protocols, a written plan that covers the requirements for monitoring within the AvoGreen programme and outlines the sampling procedures to be used on a particular orchard.
    Specifications Refers to all of the roles, responsibilities and fee requirements in relation to the AvoGreen programme as determined by the AIL and detailed in the AvoGreen Manual.
    Term Refers to the term and any renewals entered into pursuant to clause 1.1.

    For this agreement the following shall apply:
    1. Term:
    1.1 This agreement shall be effective from the date of signing and is valid for as long as the Owner-Operator remains accountable for the PPINs entered in Appendix 1 of this licencing agreement.
    1.2 Either party may terminate this agreement by providing the other party with written notice.

    2. Non-exclusive Licence:
    2.1 AIL hereby grants the Owner-operator a licence according to the terms in Schedule A.
    2.2 The Owner-operator acknowledges that the licence is non-exclusive and that AIL may appoint other parties to carry out the obligations of an Owner-operator in similar manner to this agreement.
    2.3 In consideration for the grant of the licence, the Owner-operator agrees to:
    (a) Carry out the services set out in Schedule B
    (b) Comply with the reporting requirements set out in Schedule C
    (c) Pay to AIL the fees as required by Schedule D

    3. Intellectual property:
    3.1 This agreement shall constitute authorisation to the Owner-operator to use the AvoGreen trademark only for the purposes of advertising or performing its services under this agreement. However, such right to use shall be a licence only and shall in no way constitute an assignment or otherwise transfer proprietary rights in the trademark.
    3.2 If AIL reasonably considers that advertising or other material utilised by the Owner-operator does or may bring the AvoGreen trademark into disrepute or that it is otherwise prejudicial to the goodwill vested in the AvoGreen trademark, AIL may give written notice directing the Owner-operator to delete, vary or remove such advertising or material.
    3.3 On the expiration or earlier termination of this agreement, AIL may require delivery to it of all material held by the Owner-operator containing the AvoGreen trademark. The Owner-operator will not thereafter use that trademark in any way.

    4. No Liability:
    4.1 The AIL does not warrant to the Owner-operator or any Grower utilising the Owner-operator’s services that the AvoGreen programme will identify all insect pests which may damage an avocado tree or fruit nor that adoption of the AvoGreen monitoring programme will obtain particular export pack out rates. Accordingly, the AIL shall not be responsible and shall have no liability in contract, tort or otherwise, either to the Owner-operator or any Grower, for any damage or loss suffered directly or indirectly as a result of the Owner-operator’s entry into this agreement, the performance of its obligations under this agreement and/or the provision of any monitoring services to any Grower.

    5. Default:
    5.1 Nothing in this agreement shall prevent an Owner-operator seeking a variation to the Specifications and Protocols because of peculiar local conditions, or other adequate cause, and AIL may grant such a variation at its sole discretion, but in so doing shall stipulate whether such variation is limited as to time, location or Owner-operator.
    5.2 The Owner-operator shall be deemed to be in default in the following events:
    (a) If they fail to carry out monitoring in accordance with the AvoGreen Protocols, or does so in an inadequate way.
    (b) If they fail to report to AIL in accordance with the requirements of this agreement.
    (c) If they are otherwise in default in performing any of their obligations under this agreement or the AvoGreen Specifications.
    5.3 In determining whether the Owner-operator is in default under this agreement, AIL may take into account the reports of any audit conducted in accordance with Schedule E, which shall be regarded as conclusive evidence of the matters reported, unless the Owner-operator establishes otherwise. In the event that the Owner-operator disputes an audit finding, AIL will adjudicate the matter and the decision of AIL will be final.
    5.4 If there is default by an Owner-operator then, without prejudice to any other rights or remedies AIL may have at law, AIL may:
    (a) Increase the frequency of audits and/or require such remedial action specified by AIL in written notice to the Owner-operator.
    (b) If the Owner-operator does not, within ten working days of receiving notice of such required remedial action, remedy such default, AIL shall be entitled to terminate this agreement with immediate effect by giving written notice to the Owner-operator.
    5.5 If an Owner-operator has two successive audit reports which give evidence of a default under this agreement or the Specifications and Protocols, AIL may immediately terminate this agreement by giving written notice to the Owner-operator.

    6. Notices:
    6.1 Notices to be given in accordance with this agreement shall be sent either by post or email and deemed to be received one day after the date they were sent. The addresses for such notices are as specified by the parties in the panels attached to the attestation provisions of this agreement.
    6.2 Notification of changes to the AvoGreen Manual and/or the requirements for accreditation as an AvoGreen Pest Monitor will be communicated via email, through the NZ Avocado email newsletter and/or posted to the Owner-operator’s contact person.

    7. Disputes:
    7.1 In the event of any dispute arising between the parties to this agreement in respect of or in connection with this Agreement the parties shall first refer the dispute to mediation by a mediator agreed by the parties or, failing agreement, appointed by the New Zealand chapter of Leading Edge Dispute Resolvers (“LEADR”), on the terms of the standard mediation agreement approved by LEADR.
    7.2 The reference shall commence when any party gives written notice to the other specifying the dispute and requiring its resolution under this clause.
    7.3 If the dispute is not resolved within 20 days of the commencement of the reference, either party may then, but not earlier, commence proceedings in any court of competent jurisdiction.
  • Schedule

    Schedule A: Licence
    i. AIL hereby authorises the Owner-operator to provide pest monitoring services in accordance with the AvoGreen programme on their own orchards and to other Growers in the limited capacity outlined in clause ii below.
    ii. An Owner-operator may monitor their own orchards as an Owner-operator Pest Monitor (however many PPINs they may own) as listed in Appendix 1, Table 1 and:
    a) Provide monitoring services for a maximum of two other grower PPINs or
    b) One other grower PPIN plus one combined sample area comprising a group of up to 5 small orchards in the one locality as approved by AIL and listed in Appendix 1, Table 2.
    iii. This licence in no way confers any proprietary rights or interest in AvoGreen as a registered trademark in the Owner-operator and the mark shall remain the exclusive property of AIL.
    iv. The Owner-operator will not represent their services to AIL as being AvoGreen compliant unless it conforms to the requirements as set out in the Specifications, Standards and Protocols.

    Schedule B: Owner-operator service
    i. The Owner-operator will carry out the AvoGreen programme in accordance with the Specifications, Standards and Protocols.
    ii. AIL shall be free to add to, alter or in any way vary the Specifications or the requirements to also become an accredited AvoGreen Owner-operator Pest Monitor, which shall have effect immediately. Notice of such change is given to the Owner-operator in accordance with clause 6, Notices.
    iii. The Owner-operator will themselves become an accredited AvoGreen Owner-operator Pest monitor or through one or more Employee Pest Monitors carry out the AvoGreen programme in accordance with the Specifications and Protocols. The Owner-operator shall ensure that all Owner-operator Pest Monitors and Employee Pest Monitors are aware of and comply with all obligations arising under the Specifications and Protocols of this agreement.
    iv. The Owner-operator must ensure that, as part of this Licencing agreement for the PPINs specified in Appendix 1 a sampling plan complying with the AvoGreen protocols and outlining the sampling procedures has been developed.
    v. The Owner-operator must enter into a written agreement with any additional growers listed in Appendix 1, Table 2 for the provision of AvoGreen pest monitoring services. This agreement must include a sampling plan, the provision of an up to date orchard map and a monitoring schedule agreed between both parties.

    Schedule C: Reports
    i. The Owner-operator shall provide written reports to any growers they provide monitoring services to in accordance with the Specifications and monitoring results.
    ii. The Owner-operator must record the date and results of each monitoring round either manually, in electronic form or as directed by AIL, then hold the records on file for 7 years and make them available for auditing and data analysis purposes. Please Note: AIL will require monitoring results to be uploaded electronically in the near future.
    iii. The Owner-operator must notify AIL of any changes to the annual list within 14 days of the Owner-operator becoming aware of the change.

    Schedule D: Fee
    i. The Owner-operator will pay to AIL a licence administration fee of $100.00 (plus GST). The Owner-operator will pay this invoice within one month of issue.
    ii. The Owner-operator Licensing fee includes the registration of up to two Owner-operator Pest Monitors and one accredited Employee Pest Monitor.
    iii. Any additional Owner-operator Pest Monitors and/or Employee Pest Monitors will be invoiced for the sum of $25.00 (plus GST) each and invoiced annually thereafter on renewal of their accreditation certificate. The Owner-operator will pay this invoice within one month of issue.

    Schedule E: Audit
    i. AIL will appoint auditors to audit and report on the Owner-operator’s compliance with the terms of this agreement and the Specifications, Standards and Protocols. The audits will be at the expense of AIL.
    ii. The Owner-operator undertakes to supply to AIL nominated auditor such information, co-operation and assistance as may be necessary to enable the Auditor to promptly and effectively complete the audit, including access to such records and data as the Owner-operator has utilised in carrying out its obligations or any monitoring services under this agreement.
    iii. The Owner-operator acknowledges that the Auditor shall be entitled to report to AIL and hereby waives any right to privacy or confidentiality that may attach to information and data required in carrying out the terms of such audit.
  • Please enter all PPINs as five digits P12345
  • Please enter all PPINs as five digits P12345