Grocery Supply Code

The Grocery Supply Code (the Code) 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 Code is provided for by the Grocery Industry Competition Act 2023 (the Act).

The purpose of the Code is to promote competition and efficiency in the grocery industry for the long-term benefit of consumers in New Zealand by: 

a. promoting fair conduct, and prohibiting unfair conduct between RGRs and suppliers;
b. promoting transparency and certainty about the terms of agreements between RGRs and suppliers; and
c. contributing to a trading environment in the grocery industry—

(i) in which businesses compete effectively and consumers and businesses participate confidently; and
(ii) that includes a diverse range of suppliers.

The first version of the Code, which is currently still in force, was included in the Grocery Industry Competition Regulations 2023open_in_new.

The amended version of the Grocery Supply Code 2025, which was informed by the review of the Code in 2025, can be downloaded below. The date that this amended Code comes into force is expected to be confirmed shortly and is likely to be in May 2026.

The Code applies to all grocery supply agreements including those that were in place prior to the Code coming into force.

In 2023 when the Code was first introduced RGRs were required to identify any aspects of their existing grocery supply agreements that were inconsistent with the Code and make an offer to vary the respective agreements. A six month grace period was provided to allow for that process.

Grocery suppliers were not required to accept the offer. In the case that you have an agreement that has not been updated to reflect the Code, the rules of the Code will still apply.

When the Grocery Supply Code 2025 comes into force RGRs will again need to consider if there are any inconsistencies with their existing agreements and make offers to vary those agreements within one month. Grocery suppliers are not required to accept the offers. We encourage grocery suppliers to seek independent legal advice when considering offers.

The Commission has published a fact sheet and a checklist for the Code.

The factsheet provides an overview of the Code, as well as information on the Code’s background, key features and where to get more information. The Commission will be updating this for the new Code.

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.

About guidance

Guidance is an opportunity for the Commission to provide detail, including examples, on how it expects requirements in the Code to be interpreted using language that is less formal than in the Code itself.

We hope that this additional detail gives RGRs and grocery suppliers a better understanding of their obligations and rights under the Code so that they can-

• confidently assert their rights and expectations when doing business
• resolve concerns quickly
• avoid disputes

Guidance may be helpful when RGRs and grocery suppliers are negotiating the terms of a grocery supply agreement. It may also be helpful when situations arise that need to be dealt with between parties who are already trading in groceries. In both cases, grocery suppliers and RGRs can refer to this guidance to help them identify business options that are compliant with the Code.

Guidance is also an opportunity for the Commission to signal the interpretation it takes on Code requirements, which it does when monitoring compliance with and investigating potential breaches of the Code.

Guidance is based on the purpose of the Act and the Grocery Supply Code

Our guidance has been written to give effect to the purpose of the Act as set out in section 3 and the purpose of the Code as set out in section 16.  Read about this in About the Code.

Where guidance does not cover a specific scenario, the parties should attempt to give effect to the Code in a way that reflects these purposes.

Where the Code is in issue in legal proceedings or a dispute being adjudicated upon under the grocery industry dispute resolution scheme, it is for the court or the adjudicator to interpret the Code provisions.

Relevance of examples

Where guidance contains examples, they are not intended to identify any party.

The examples are intended to be indicative, and to help parties think about how the provisions might apply in realistic but hypothetical situations. We acknowledge that real-world situations may be more complex and that each case will need to be considered on its own facts. Following the examples doesn’t guarantee that actions will be seen as compliant in a legal dispute and the reverse is also true. However, the Commission would treat following the examples as indicative of effort to comply with the Code.

Guidance for clause 11 – Transport or logistics services: crates and pallets is now available.

We encourage you to get in touch with us if you have questions or concerns, by emailing us at grocery.regulation@comcom.govt.nz.

If you want to report a complaint to the Commission you can do so on our website or you can call us on 0800 943 600.

We value information from confidential informants. If you are concerned about the need to protect your identity, please raise it with us. We take steps to protect all informants’ confidential information.

Alternatively, you can raise information anonymously through our Anonymous Reporting Tool. Learn more about our anonymous reporting toolopen_in_new.

Stay engaged

If you wish to receive important updates on grocery regulation from the Commerce Commission, subscribe to our industry specific updates list and select ‘Grocery’.

Supplier survey

The Commission is currently seeking feedback from grocery suppliers through an anonymous online survey. Find more information about our supplier survey. 

A dispute resolution scheme has been set up to help resolve disputes between grocery suppliers, wholesale customers and regulated grocery retailers. The scheme is an out-of-court process set up under the Grocery Industry Competition Act 2023 and designed to quickly and fairly resolve disputes about the supply of groceries.

The scheme is operated by the New Zealand Dispute Resolution Centre. For more information, please visit www.grocerydispute.co.nzopen_in_new

If you wish to learn more about current or past cases related to the Code, you can use the Commerce Commission case register to find further detail.