Grocery Industry Competition (Grocery Supply Code) Amendment Regulations 2026
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2026/58
Grocery Industry Competition (Grocery Supply Code) Amendment Regulations 2026
Cindy Kiro, Governor-General
Order in Council
At Wellington this 30th day of March 2026
Present:
Her Excellency the Governor-General in Council
These regulations are made under section 196 and clause 4 of Schedule 1 of the Grocery Industry Competition Act 2023—
(a)
on the advice and with the consent of the Executive Council; and
(b)
on the recommendation of the Minister of Commerce and Consumer Affairs made in accordance with sections 14(1)(a) and (b) and 196(4) of that Act.
Regulations
1 Title
These regulations are the Grocery Industry Competition (Grocery Supply Code) Amendment Regulations 2026.
2 Commencement
These regulations come into force on 1 May 2026.
3 Principal regulations
These regulations amend the Grocery Industry Competition Regulations 2023.
4 Part 2 revoked
Revoke Part 2.
5 New Part 3 inserted
After regulation 10, insert:
Part 3 Grocery Supply Code 2025
11 Interpretation
In this Part, unless the context otherwise requires, code means the Grocery Supply Code 2025 made by the Commission under section 12(1)(a) of the Act.
12 Tier 2 penalties apply to certain contraventions of code
The following provisions of the code give rise to a pecuniary penalty under section 127 of the Act:
Obligation to offer to vary existing agreements so that they are consistent with code
(a)
clause 5(2):
Good faith
(b)
clause 6(1) and (2):
Grocery supply agreements
(c)
clause 7(1) and (2):
(d)
clause 8:
(e)
clause 9(1):
(f)
clause 10:
Conduct generally
(g)
clause 11(1):
(h)
clause 12(1) and (2):
(i)
clause 13(1):
(j)
clause 14(1):
(k)
clause 15(1):
(l)
clause 16(1):
(m)
clause 17(1):
(n)
clause 18(1), (2), and (3):
(o)
clause 19(1):
(p)
clause 20(1):
(q)
clause 21(2), (3), (4), (5), (6), (7), and (8):
(r)
clause 22:
(s)
clause 23:
(t)
clause 24(1) and (3):
(u)
clause 25(1):
(v)
clause 26(2) and (3):
(w)
clause 27(1), (2), (3), (4), and (5):
(x)
clause 28(2), (3)(b), (5), and (6):
(y)
clause 29(1) and (2):
(z)
clause 30(1).
13 Tier 4 penalties apply to certain contraventions of code
The following provisions of the code give rise to a pecuniary penalty under section 129 of the Act:
Grocery supply agreements
(a)
clause 9(5) and (6):
Conduct generally
(b)
clause 12(4):
(c)
clause 15(4):
(d)
clause 16(5):
(e)
clause 17(5) and (7):
(f)
clause 20(3), (4), and (5).
6 Schedule 2 revoked
Revoke Schedule 2.
Rachel Hayward,
Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations but is intended to indicate their general effect.
These regulations amend the Grocery Industry Competition Regulations 2023 (the principal regulations) and come into force on 1 May 2026.
The principal regulations set out the first grocery supply code for the purposes of Part 2 of the Grocery Industry Competition Act 2023 (the Act) and prescribe the provisions of the first grocery supply code that give rise to a pecuniary penalty under sections 127 and 129 of the Act. In accordance with clause 5 of Schedule 1 of the Act, the first grocery supply code is revoked as soon as a determination made by the Commerce Commission under section 12(1)(a) of the Act comes into force.
On 16 October 2025, the Commerce Commission made a determination under section 12(1)(a) of the Act setting out a grocery supply code (the Grocery Supply Code 2025). The Grocery Supply Code 2025 comes into force on the later of—
the date on which regulation 9 or 10 of the principal regulations is first revoked or amended; and
1 May 2026.
The Grocery Supply Code 2025 largely carries over provisions from the first grocery supply code with some amendments and introduces a new retaliation prohibition and new record-keeping requirements for regulated grocery retailers.
The amendments in these regulations revoke provisions relating to the first grocery supply code and insert new provisions relating to the Grocery Supply Code 2025 that—
maintain the existing Tier 2 and Tier 4 penalties under the Act for equivalent clauses in the Grocery Supply Code 2025; and
prescribe Tier 2 penalties under the Act for breaches of the new retaliation prohibition in the Grocery Supply Code 2025; and
prescribe Tier 4 penalties under the Act for breaches of the new record-keeping requirements in the Grocery Supply Code 2025.
Date of notification in Gazette: 2 April 2026.
These regulations are administered by the Ministry of Business, Innovation, and Employment.
Versions
Grocery Industry Competition (Grocery Supply Code) Amendment Regulations 2026
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