(1) In this order, unless the context otherwise requires,—
collection agent means a person whose business is or includes—
FOB value or free on board value, in relation to any summerfruit exported from New Zealand for which a customs entry is made, means the value of the summerfruit specified in the declaration in, attached to, or forming part of the customs entry (before the deduction of any costs and charges)
grower means a person whose business is or includes producing summerfruit for commercial purposes
Heinz Wattie's means the company registered on the commencement of this order as Heinz Wattie's Limited
levy money means money paid under this order as levy
mediator means a person appointed under clause 24; and, in relation to a dispute, means a person appointed to resolve the dispute
notional process value means the amount of money that, in the opinion of SNZI, the grower would have received if, immediately before the summerfruit was processed, the grower had sold it to a similar processor in the grower's locality (excluding GST and before the deduction of any costs and charges)
processed includes bottled, canned, dehydrated, evaporated, dried, freeze-dried, frozen, juiced, pressed, or preserved,—
(a) whether as summerfruit or as concentrate, pulp, puree, sauce, or some other product; and
(b) if, in the opinion of SNZI, that price is not consistent with prevailing market conditions in the grower's locality, SNZI may determine that the selling price is the market value that, in the opinion of SNZI, a purchaser would have reasonably been expected to pay for the summerfruit (excluding GST and before the deduction of any costs and charges)
(a) means apricots, cherries, nectarines, peaches, and plums; and
SNZI means the industry organisation known on the commencement of this order as Summerfruit New Zealand Incorporated.
(2) If the processing of any summerfruit extends over more than a day, the summerfruit must be treated for the purposes of this order as having been processed on the day on which the processing commenced.
(3) References in this order to summerfruit that is processed by a grower include references to summerfruit that is processed by another person for, or on behalf of, a grower.