Background:

1. NZ Avocado, as recognised product group for the export of fresh avocados under the New Zealand Horticulture Export Authority Act 1987 has formulated an Export Marketing Strategy (the “EMS”).
2. The EMS provides for the registration of Packers who intend to pack avocados for fresh export in a particular export season.

Payment of registration fee:

1.

The Packer will pay to NZ Avocado a registration fee as follows:

Registration fee

(Excl GST)

(Incl GST)

1.1	$2,835.00	$3,260.25

2.

Such fee is not refundable if the Packer does not pack fruit.

Compliance with EMS for avocados:

3.

During the season, the Packer will comply with the obligations of packers stipulated in the EMS and recognised addendums, and with the terms and conditions set out in this agreement.

Other contracts:

3.1

The Packer has or will conclude a contract with a registered exporter or exporters and registered growers that include as specific terms:

3.1.1

An undertaking by the other party to comply with the EMS;

3.1.2

A waiver by all parties of the principles set out in the Privacy Act to the extent necessary to implement the EMS.

Confidential information:

4.

Any information provided by the Packer is provided on the basis that it can be used for all the purposes of NZ Avocado under the EMS.

4.1

The Packer hereby consents to the registered exporter supplied by the Packer and the registered growers suppling the Packer disclosing such information to NZ Avocado as it may require to implement the EMS.

4.2

Any information provided by the Packer under this agreement, the EMS, or otherwise and which is subject to the Privacy Act 1993, is provided on the basis that it can be used for all the objects of NZ Avocado and without limitation such information may be used by NZ Avocado in or for:

• the pursuit of the programmes and objectives described in the EMS;
• the carrying out of NZ Avocado’s functions and duties as a recognised product group under the New Zealand Horticulture Export Authority Act 1987;
• the collation of industry statistics;
• the collection of fees;
• the communication of industry matters and the provision of services to registered participants in the industry.

4.3

The Packer is entitled to have access to and may request correction of the information collected by NZ Avocado from the Packer.

Term of Agreement

5.

This agreement shall relate to the avocado export season which runs from 1 May in any one year to 30 April in the following year.

Termination:

6.

NZ Avocado may terminate this agreement if the Packer breaches these terms and conditions, or the EMS, in a material respect and such breach is incapable of being remedied, or if capable of being remedied, continues unresolved for 30 days after written notice of such breach has been given to the Packer by NZ Avocado.

6.1

The termination of this agreement shall be without prejudice to the rights of NZ Avocado accrued up to the date of termination.

Further assurance:

7.

Each party agrees with due diligence to execute all documents and perform all acts and things as the other party may reasonably require to carry out these terms and conditions.

Notices:

8.1

Any notice required or permitted to be given in this agreement shall be:

8.1.1

in writing; or

8.1.2

delivered to the other party personally, sent by registered post or sent by facsimile transmission or email.

8.2

Any such notice shall be deemed to be given when so delivered personally or sent by facsimile transmission or email or 2 business days after being sent by post in the prescribed manner, at the following addresses of each party:

NZ Avocado Industry Ltd
PO Box 13267
TAURANGA 3141
Phone: 07 571-6147
Fax: 07 571-6145
Email: info@nzavocado.co.nz