Counterfeiting in the Primary Industry Sector and the Threat to New Zealand’s Economy

15 Animal Products Act (1999) Section 127; Wine Act (2003) Section 97; and Food Act (2014) Section

16 Spink, J., Moyer, D.C., Hyeonho, P., & Heinonen, J. (2013). “Defining the types of counterfeiters, counterfeiting, and offender organizations,” Crime Science 2013, 2:8, p.1.

17 Spink et al (2013), p.8.

18 Spink, J. (2017). Op. Cit., p.641.

19 Spink et al (2013), Op. Cit., p.3 and 11.

20 Ministry for Primary Industries (2019), Op. Cit., p.38.

21 Earley, M. (2018). “Auckland businesswoman fined over false wine export applications,” Stuff, 17 December 2018. Available at: (accessed 21 June 2019).

22 Bayer, K. (2017). “Kiwi Wine Company and Directors Accused of Complex Wine Fraud,” New Zealand Herald, 3 August 03 2017. Available at: (accessed 20 May 2019).

23 Clarkson, D. (2018). “Alleged Canterbury Wine Fraud Company in Liquidation,” Stuff, 14 February 2018. Available at: (accessed 20 May 2019); and Clarkson, D. (2019). “Southern Boundary Wines director pleads guilty to label fraud charges,” Stuff, 5 July 2019. Available at: (accessed 5 July 2019).

24 Rutherford, H. (2018). “Peter Yealands paid out $23M as Marlborough Lines agree not to sue him,” Stuff, 8 December 8 2018. Available at: (accessed 20 May 2019).

25 Email, industry representative (name withheld) to authors, 11 July 2017.

26 Ibid.

27 Mustacich, S. (2015). “How Big Is China’s Counterfeit-Wine Problem? French Report Calls It An Industry,” Wine Spectator, 8 October 2015. Available at: (accessed 15 June 2019). Bosker, B. (2016). “A True Crime Documentary About the Con That Shook the World of Wine,” The New Yorker, 14 October 2016. Available at: (accessed 13 August 2018), and
Wallace. B. (2012). “Chateau Sucker,” New York, 11 May 2012. Available at: (accessed 13 April 2019).

28 Email, industry representative (name withheld) to authors, 11 July 2017.

29 Ibid.

30 Ibid.

31 The introduction of more resilient kiwifruit varieties has been the saviour of the industry. Such varieties, in particular the HORT16A ‘Gold’ brand, were attempted to be grown in China, however the experiment failed. This notwithstanding, the ‘Gold’ plants were stolen from local Zespri growers and Chinese-grown fruit is found in the Chinese market place today. Gray (2017).

32 Combo-infringing also takes the form of fruit that is not Zespri with a Zespri label, as well as fruit that is of Zespri origin but without trademarked Zespri labelling. Email, industry representatives (names withheld) to authors, 3 July 2017.

33 Zespri investigations have determined that consumers in non-English speaking countries do not identify with the word ‘Zespri’ but do identify with the big red ‘Z’ (the word Zespri is coloured red) and the ‘fan device’ (the 180° view of a sliced kiwifruit) icons associated with its product. Ibid.

34 Email, industry representatives (names withheld) to authors, 3 July 2017.

35 Gray, J. (2015). “Wiser Zespri Eyes Growing Fruit in China,” New Zealand Herald, 20 June 2015. Available at: (accessed 18 April 2019).

36 The New Zealand Police, the Intellectual Property Office of New Zealand (IPONZ) and New
Zealand Customs Service can investigate and prosecute copyright pirates and trade mark counterfeiters, however, agencies like MBIE’s Intellectual Property enforcement teams, do not have jurisdictional responsibility to investigate activities offshore. Discussion with MBIE Corporate Governance and Intellectual Property Policy advisors and authors, 21 June 2019, and interview transcript, industry representative (name withheld) with authors, 20 June 2017.