As the grocery industry regulator, our role includes monitoring competition and efficiency in the grocery industry, promoting transparency, carrying out reviews, inquiries and studies, making information available and enforcing the law. We have specific responsibilities for the Grocery Supply Code of Conduct:
monitoring compliance
recommending whether more retailers should be regulated by the Grocery Supply Code
reviewing and reporting on how well the Supply Code is working and recommending any changes to it
making determinations to impose rules or allow exemptions from certain rules.
We encourage you to get in touch to share your experiences with the Grocery Supply Code. You can contact our team at grocery.regulation@comcom.govt.nz or submit an anonymous report. Our broader regulatory role also means that we oversee the Commerce Act and the Fair Trading Act, which cover all businesses in New Zealand, including grocery suppliers and retailers.
We encourage all players in the industry to support the intent of the new legislation. This includes the wholesale supply regime, a requirement of the regulated grocery retailers. Read more about the wholesale regime in our information for wholesale customers
Grocery Supply Code
The Grocery Supply Code has been in force since 28 September 2023. It sets out rules for the conduct of regulated grocery retailers (RGRs) Foodstuffs North Island, Foodstuffs South Island and Woolworths New Zealand when dealing with grocery suppliers.
The Grocery Supply Code was developed to address the imbalance of power between RGRs and suppliers in negotiations. ’Its purpose is to promote competition and efficiency in the grocery industry by:
promoting fair conduct, and prohibiting unfair conduct
promoting transparency and certainty about the agreements
contributing to a trading environment that supports competition, confident participants and a diverse range of suppliers in the grocery industry.
If you had an agreement with a retailer in place prior to the Code coming into force that doesn’t comply with the provisions, the retailer had a grace period until 28 March 2024 to offer you amendments.
After 28 March 2024 the provisions of the Code apply irrespective of what is in the agreement.
The Commission has published two pieces of guidance for the Grocery Supply Code including a factsheet and a checklist.
The factsheet provides an overview of the Supply Code, as well as information on the Supply Code’s background, key features and where to get more information.
The checklist is for grocery suppliers of regulated grocery retailers to
guide their review of the new or amended agreements they receive from retailers against the provisions of the Code
assess retailers ongoing conduct against the provisions of the Code.
Both of these documents are available for download.
The Commerce Commission cannot provide advice on specific agreements and we encourage suppliers to seek independent legal advice. You can find the Supply Code in Schedule 2 of the Grocery Industry Competition Regulations 2023 on the New Zealand Legislation website.
Resolve a dispute
A dispute resolution scheme is being set up to help resolve disputes between grocery suppliers and regulated grocery retailers. The scheme is being established by the Ministry for Business, Innovation and Employment and is expected to be in place soon.
Submit an anonymous report
We recognise there are situations where someone who has knowledge or specific information about the conduct of a grocery industry participant (e.g., a regulated grocery retailer, supplier, or other retailer) and might be reluctant to report it for fear of negative consequences or reprisals (such as being delisted from a retail store).
The Commerce Commission’s Anonymous Reporting Tool provides a secure channel to be able to report information without disclosing your personal information.
