Documents
Submissions on Draft Determination
(3 documents)
- OCC - Further Submission in reply to the Fonterra Submission on the Commerce Commission Draft Determination PDF (750 KB)
- This submission briefly comments on two points made in the Fonterra's submission on the Draft Determination that were not covered in substance in Open Country's submission.
- Fonterra Submission - Draft Determination - Open Country Cheese Company Limited Default Milk Price 2002/2005 - Dairy Restructuring Act Regulations PDF (1 MB)
- The Draft Determination supports Fonterra's contention that it has applied to the Regulations correctly in calculating the wholesale milk price and in particular "new co-op retentions". Fonterra agrees with the Commission that the manner in which Fonterra interpreted the Regulations was the only possible interpretation open on the language of the relevant provisions.
- Submission of Open Country Cheese Company Limited - Dairy Restructuring Act Section 120 PDF (249 KB)
- This is a submission on the Draft Determination of the Commerce Commission on the application under Section 120 of the Dairy Industry Restructuring Act 2001 (the "Act") for the determination of a dispute between Open Country Cheese Co Ltd ("Open Country") and Fonterra Co-operative Group Limited ("Fonterra") over the appropriate items to include in 'new co-op retentions' in the formula for establishing the price of raw milk (referred to in the industry as 'default milk') purchased under that Act and the Dairy Industry Restructuring (Raw Milk) Regulations 2001 ("the regulations").
Draft Determination
(1 documents)
- Commerce Commission - Draft Determination: Open Country Cheese Limited and Fonterra Co-operative Group Limited PDF (87 KB)
- The Commission's preliminary view is that the definition of 'new co-op retention' in the Dairy Industry Restructuring (Raw Milk) Regulations 2001 includes capital profits and that Fonterra Co-operative Group Limited has not breached the Dairy Industry Restructuring (Raw Milk) Regulations 2001.
Decision to Determine
(2 documents)
- Commerce Commission - Letter to Open Country Cheese Company Limted regarding Application for Determination PDF (557 KB)
- This letter constitutes written notice of the Commission decision whether or not to determine the matter as required under section 123 DIR Act.
- Commerce Commission - Letter to Fonterra regarding Application for Determination PDF (556 KB)
- This letter constitutes written notice of the Commission decision whether or not to determine the matter as required under section 123 DIR Act.
Application for determination
(2 documents)
- Fonterra - Open Country Cheese Company Limited - Final Default Milk Price 2004/2005 Dairy Industry Restructuring Regulations PDF (3.9 MB)
- As you will have seen from the correspondence, Fonterra is aware tof the dispute and has discussed the issues with OCC. We have considered the relevant parts of the Regulations, reviewed our calculations and confirmed they conform to the Regulations.. We have cleanly stated our interpretation of the Regulations to OCC,
- OCC and Fonterra Merged Application PDF (3.4 MB)
- OCC and Fonterra Merged Application
