New Zealand Fruit Tree Company Limited (NZFTC) is responsible for the administration and management in New Zealand of a range of fruit tree varieties and breeding programmes.
NZFTC has become aware of a number of instances where trees of these varieties have been reworked or propagated by its licensed growers without authorisation from NZFTC.
As a result, NZFTC intends over the next few months to increase its auditing and inspection activities over the properties of its authorised growers, to ensure that those growers are complying with the licences granted to them by NZFTC for these varieties. Any grower who is found to have reworked or propagated trees of these varieties without authorisation may be subject to a range of consequences. These may include termination of the rights granted to that grower, the destruction of trees of all licensed varieties, damages, and the requirement to pay additional fees.
Before taking these steps, NZFTC is offering its authorised growers a limited opportunity to notify NZFTC of any unauthorised reworking or propagation by them of any trees of these varieties. Accordingly, if you have engaged in such unauthorised reworking or propagation, and if you:
- provide full written details of such unauthorised reworking or propagation to NZFTC before 5:00 pm on 31 March 2022;
- take such steps as NZFTC reasonably requires to enable NZFTC to verify any such written details provided by you;
- pay the applicable fees that you would have paid had your reworking or propagation been authorised, within 7 days of receipt of an invoice from NZFTC for such fees; and
- continue to comply with all your other obligations under all agreements between you and NZFTC,
then NZFTC will regard your unauthorised reworking or propagation as having been authorised at the time, and will take no enforcement steps in relation to your unauthorised working or propagation.
This amnesty offer will expire at 5:00 pm on 31 March 2022.
NZFTC reserves all of its rights and remedies in relation to any unauthorised reworking or propagation notified to NZFTC or discovered by NZFTC after that time.
If you wish to take advantage of this amnesty, or if you have any questions about this amnesty, please contact NZFTC; either John via email or phone 021 423 489 or Julie via email or phone 021 458 590.