India New Zealand Business Council involvement in Memorandum of Cooperation on Horticulture and FTA horticulture provisions
Joshua Riley made this Official Information request to Ministry for Primary Industries
Currently waiting for a response from Ministry for Primary Industries, they must respond promptly and normally no later than (details and exceptions).
From: Joshua Riley
Under the Official Information Act 1982, I request:
Important: no transfer
I am sending related but separate requests to MFAT and have previously submitted OIA requests to both MPI and MFAT regarding the Memorandum of Cooperation on Horticulture (MoC) signed on 12 March 2025. This request is specifically about the India New Zealand Business Council's (INZBC) involvement and should not be transferred to any other agency under section 14.
Background
The INZBC is a self-described trade advocacy organisation whose stated mission includes "to lobby and inform government on trade-related matters" between India and NZ. On 22 December 2025, INZBC Chair Edwin Paul publicly welcomed the FTA and specifically referenced the MoC: "Collaboration projects are planned in kiwifruit, apples and honey under the Horticulture Memorandum of Cooperation, which was signed during the Prime Minister's delegation to India earlier this year." INZBC also stated: "Zespri has been working alongside the Biosciences Economy Institute for several years on an opportunity for a mutually beneficial partnership between the Indian and New Zealand [kiwifruit industries]."
Relevant INZBC board members referenced in this request include Rachel Lynch (Zespri's Government and Community Affairs Manager), Tony Martin (CEO of Prevar, INZBC Deputy Chair from August 2025), and Edwin Paul (INZBC Chair). INZBC co-hosted a post-mission debrief with NZTE on 15 April 2025 following the Prime Minister's March 2025 visit to India during which the MoC was signed.
Request 1 — INZBC involvement in MoC development
All correspondence, meeting notes, briefings, and records of discussion between MPI and INZBC (including any individual board members in their INZBC capacity) relating to the development, drafting, negotiation, or content of the MoC, including:
(a) Whether INZBC was consulted on the MoC's terms prior to its signing on 12 March 2025;
(b) Whether INZBC or any of its board members provided input into the MoC's scope (Paragraph 3), including the inclusion of specific crops (kiwifruit, apples, wine grapes, avocados, berries, stone fruits);
(c) Whether INZBC or any of its board members were consulted on Paragraph 3(d)'s "without any cost" provision for the exchange of varieties and seeds;
(d) Whether INZBC lobbied for or advocated for any specific provisions in the MoC.
Request 2 — Rachel Lynch / Zespri dual role
All records of consultation with Rachel Lynch regarding the MoC or the FTA's Chapter 14A horticulture provisions, including:
(a) Any consultation with Ms Lynch in her capacity as Zespri's Government and Community Affairs Manager;
(b) Any consultation with Ms Lynch in her capacity as an INZBC board member;
(c) Any records distinguishing between her roles when providing input on horticulture cooperation with India;
(d) Any assessment by MPI of how input from stakeholders with roles in both trade promotion and IP-dependent industries was managed in the context of the MoC and FTA horticulture provisions.
Request 3 — Tony Martin / Prevar dual role
All records of consultation with Tony Martin regarding the MoC or the FTA's Chapter 14A horticulture provisions, including:
(a) Any consultation with Mr Martin in his capacity as CEO of Prevar;
(b) Any consultation with Mr Martin in his capacity as INZBC Deputy Chair (from August 2025);
(c) Any assessment of Prevar's position on Article 14A.3(5)'s commitment to "commercialising modern premium apple cultivars in India," given that Prevar develops and commercialises the cultivars in question;
(d) Whether Mr Martin's appointment as INZBC Deputy Chair during FTA negotiations was discussed with or notified to MPI or MFAT.
Request 4 — Edwin Paul / INZBC Chair on the March 2025 delegation
(a) Whether INZBC Chair Edwin Paul was part of the Prime Minister's delegation to India in March 2025 when the MoC was signed;
(b) If so, whether Mr Paul was present at or briefed on the MoC signing;
(c) All records of Mr Paul's or INZBC's involvement in the planning or execution of the March 2025 trade mission as it relates to horticulture cooperation.
Request 5 — NZTE-INZBC post-mission debrief
All records relating to the "Insights from the Prime Minister's Mission to India" event co-hosted by NZTE and INZBC on 15 April 2025, including:
(a) The agenda, attendee list, and any presentation materials;
(b) Whether the MoC's horticulture provisions were discussed, including Paragraph 3(d);
(c) Any records of industry feedback received at or following this event regarding the MoC or the planned FTA horticulture chapter.
Request 6 — INZBC lobbying and government engagement on FTA horticulture
All correspondence, submissions, meeting notes, and records of discussion between MPI and INZBC regarding the FTA's horticulture provisions (Chapter 14A), including:
(a) Any INZBC submissions or advocacy regarding the Action Plans (kiwifruit, apple, mānuka honey);
(b) Any INZBC advocacy regarding the market access suspension mechanism (Annex 2B(9));
(c) Any INZBC advocacy regarding the IP protection provisions and their interaction with India's PPV&FR Act;
(d) INZBC's public statement that "Zespri has been working alongside the Biosciences Economy Institute for several years on an opportunity for a mutually beneficial partnership" — all records that describe, document, or reference this multi-year collaboration.
Request 7 — Government funding and support to INZBC
(a) Any government funding, grants, sponsorship, or in-kind support provided to INZBC by MPI, MFAT, NZTE, or any other government agency from January 2024 to the present;
(b) Any MoU, cooperation agreement, or formal relationship between MPI and INZBC;
(c) Any government funding or support for INZBC events, including the 15 April 2025 post-mission debrief and the INZBC-ASSOCHAM MoU signed on 27 April 2026.
Public interest
The MoC committed NZ to exchanging "high yield varieties of seeds and planting materials without any cost" with India. Its provisions were subsequently incorporated into the FTA as binding treaty obligations under Chapter 14A, enforceable through market access suspension (Annex 2B(9)). INZBC publicly welcomed both the MoC and the FTA, and its board includes representatives of the companies whose IP is most directly affected by these provisions. The public interest in understanding INZBC's role (if any) in the development of these commitments, and how government managed input from stakeholders with interests in both trade promotion and IP protection, is compelling — particularly as Parliament considers the FTA enabling legislation. This request does not allege wrongdoing by any individual or organisation. It seeks to understand the governance framework within which these commitments were developed.
I am content to receive documents in electronic form. If any part of this request is considered too broad, I welcome consultation under section 18B to refine scope.
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