3 Mar 2010
FONTERRA CO-OPERATIVE GROUP LIMITED V THE GRATE KIWI CHEESE COMPANY LIMITED HC WN CIV 2009-485-1223
- Citation
- openlaw-8526b1f9_2994_4b2f_8871_a00a14b8288f.pdf
- Court
- High Court
The Court held as a matter of statutory construction that 'independent processor' under the Act and Regulations is not limited to firms that own-process raw milk at the first stage and includes processors who perform value-adding steps either themselves or by contract (toll-processing); accordingly the Commission was correct to find Grate Kiwi and Kaimai were independent processors for 2008-2009. Liability for non-supply crystallises when a processor requires supply; Fonterra did not breach by earlier insistence that milk would count toward Open Country's allocation because it abandoned that…