You're better protected against retaliation
Protection against retailer retaliation has always existed under the Grocery Industry Cooperation Act (GICA), but the 2025 Code makes it more explicit. A new clause (clause 30) says clearly: if you exercise a right under the Code, or even indicate that you might, a retailer cannot take any action that is detrimental to you as a result.
The Code lists examples of what detrimental action looks like — delisting your products, changing their in-store or online placement, cancelling orders, reducing restocking, or terminating your supply contract. That list isn’t exhaustive.
Critically, this protection extends to your interactions with the Commerce Commission and the Grocery Industry Dispute Resolution Scheme. You can contact NZDRC to explore your options, raise concerns, or start a dispute process without fear that doing so will be used against you. The onus is on the retailer to prove that any action it takes is driven by genuine commercial reasons — not retaliation.
Investment buying is addressed
“Investment buying” — where a retailer over-orders stock at a promotional price and then sells the excess at full price after the promotion ends — has long been a frustration for suppliers. The 2025 Code deals with this directly. From 1 May, if a retailer engages in this practice, it must repay you the portion of your promotional funding that relates to the over ordered stock.
Charging for wastage is no longer permitted
Under the 2023 Code, retailers were generally prevented from passing wastage costs on to suppliers once those goods were out of the supplier’s control — but supply agreements could carve out exceptions. That carve-out has been removed. Clause 14 of the 2025 Code makes it a blanket prohibition: if the groceries are no longer in your hands, the retailer cannot charge you for wastage. This now aligns with how shrinkage is treated.
What this means in practice
These changes collectively shift more accountability onto retailers and give suppliers clearer grounds to push back when things go wrong. Enhanced record-keeping requirements will also make it easier for the Commerce Commission to scrutinise retailer decision-making.
If you’re in a dispute with a retailer — or wondering whether you might be heading toward one — NZDRC administers the Grocery Industry Dispute Resolution Scheme and can help you understand your options. Visit grocerydispute.co.nz to find out more.
