Terms of Trade 

Waka Kuaka Limited provides independent regulatory advice and assistance services for New Zealand food, beverage, dietary supplement, natural health, petfood, pet treats and pet care businesses.  These Terms of Trade set out the basis on which services are delivered, and reflect our commitment to clarity, professionalism and responsible business practice. 

These terms apply to all work carried out by Waka Kuaka Limited, unless otherwise agreed in writing.  In these Terms, the words "you" or "the client" means any person or business entity for engaging Waka Kuaka Limited for services or accessing information we provide.  The words "us" and "we" and "our" refer to Waka Kuaka Limited.

Commitment to Professional Services

Waka Kuaka Limited undertakes to provide independent regulatory advice and assistance services with professionalism, care and integrity. Communication, trust and confidentiality are central to our relationship with clients. All directors and sub-contractors are required to act in accordance with applicable professional standards, codes of conduct and New Zealand laws.  Kathy Lloyd (Director) has a professional background in veterinary science and held practicing registration with the Veterinary Council of New Zealand  between 1994 and 2016. Kathy also served as a Market Access Counsellor with the Ministry for Primary Industries.  Her approach to regulatory work,  commitment to ethical practice and confidentiality are informed by these professional experiences.  Waka Kuaka Limited does not provide veterinary services and does not act in any government or official capacity. 

Confidentiality & Privacy

We undertake to protect your the confidentiality of all information concerning your business and affairs, that you  provide to us for the purpose of delivering our services. 

Personal Information 

We collect personal information such as names, contact details, job titles and billing information when it is necessary for invoicing, communications and fulfilling regulatory requirements in New Zealand or importing countries.  When personal information is collected we will inform you of the purpose for which it is being collected. 

We will not disclose any information to any other person or third party except:

  • As necessary or desirable in providing professional services as requested by you,
  • To the extent required by New Zealand law or the laws of importing countries,
  • Where otherwise instructed by you.

Personal information is stored securely and accessed only for the purpose for which it was collected. We retain personal information only for as long as required to deliver services and meet legal obligations.  You have the right to request a copy of personal information we hold about you, and to ask for correction of any information you think is inaccurate. To request access or correction please contact us at info@wakakuaka.co.nz, or by phoning +64 29 8942412.

Information Storage 

All information provided by you for the purpose of engaging our services, and all other information related to provision of services is stored securely with controlled access. Where online tools are used to facilitate document transfer or communication, access is limited to the parties involved and only the information required for that purpose is shared. Information is only retained for as long as necessary to deliver services, maintain accurate records of work performed and meet legal obligations. 

We will not disclose any information to any other person or third party except:

  • As necessary or desirable in providing professional services as requested by you,
  • To the extent required by New Zealand law or the laws of importing countries,
  • Where otherwise instructed by you.

Scope of Work

Waka Kuaka Limited provides expert regulatory and related services as requested and as described in Scope of Work Agreements issued under these Terms, or as otherwise agreed in writing.  Each Scope of Work Agreement may outline the specific services to be provided and the respective responsibilities of Waka Kuaka Limited and the Client.  Scope of Work Agreements also may include services-specific terms and conditions, including fee schedules, invoicing and payment terms additional to these Terms of Trade.  

Waka Kuaka Limited does not act as: 

  • the manufacturer, exporter, importer, FSVP Importer, US Agent, owner, or operator under The Food Act or The Animal Products Act in relation to any food, beverage, dietary supplement, pet food or other product, export or facility. 
  • the person responsible for regulatory compliance, safety verification or product release.
  • a legal representative, official certifier, verifier, decision-maker, or signatory to any regulatory authority in any jurisdiction.

Waka Kuaka Limited may act on your behalf to prepare and submit regulatory registrations, application dossiers, regulatory filings and supplier assurances. When conducting these services on your behalf our role is to apply professional expertise to prepare, interpret, guide, and submit information in accordance with Scope of Work Agreements.  

Quotations & Estimates

Where fixed price quotations are provided, they are exclusive of GST and disbursements unless otherwise stated.   Quotations are only valid for the period specified, reflecting the evolving nature of the regulatory environment and other pricing considerations.   Quotations and estimates may be provided upon request. Quotations and estimates are deemed accepted when you instruct Waka Kuaka Limited to commence work. 

Our Responsibilities

 We undertake to understand your business and provide objective, informed, accurate and up to date advice to support your strategic goals and compliance needs.    We will seek your permission before disclosing information about your business to third parties, and will only disclose such information as is necessary in keeping with our Confidentiality responsibilities as expressed in these Terms. 

 While we will take every effort to ensure services are carried out professionally, we cannot guarantee outcomes as many factors lie outside of our control.  Advice is provided based on the information available to us at the time, and is intended to be accurate and up to date to the best of our abilities. 

Regulator Contact

Acceptance of these terms means that you give permission for your information to be provided to New Zealand or overseas regulators for the purposes directly related to the services described in Scope of Work Agreements or otherwise in writing.

Waka Kuaka Limited does not carry out official duties or provide official assurances under any New Zealand or overseas legislation.  We do not provide legal services or legal advice, and you should seek advice from your legal practitioner on matters requiring legal opinion or representation. 

Liability

To the fullest extent permitted by law, the total aggregate liability of Waka Kuaka Limited arising from or in connection with the provision of services to - whether in contract, tort (including negligence), equity or otherwise - is limited to the total fees paid for the specific engagement.  Waka Kuaka Limited does not carry Professional Indemnity Insurance. Our business processes, documentation practices and contractual boundaries are designed to minimise risk and ensure clarity of responsibilities. We are not liable for indirect or consequential loss, including loss of profits, business interruption or reputational harm. We are not liable for any loss arising from incomplete, inaccurate, or defective information supplied by the client or the client’s sources.        

Client Responsibilities 

You agree to provide us with all relevant information about your business, including plant and equipment, processes, documented sanitary operating systems, relevant product and market information, outcomes or findings of internal and external regulatory and/or third party verifiers and/or auditors,  relevant reports or other notifications of non-compliance, or information related to overseas rejections of exported products which may be required in order to provide the services outlined in the Scope of Work Agreement.   You agree to facilitate access to relevant company personnel and to communicate to relevant company personnel the aims of the project or transaction/s where the Scope of Work Agreement requires such access or where we are expected to interact with your employees. You are responsible for ensuring that all information, documents and materials provided for an engagement of our services are complete and accurate. All operational, commercial and regulatory decisions remain the responsibility of the client and their authorised personnel. 

Use of Advice

All advice is provided for the specific engagement and context in which it is given, and is based on information provided by you at the time.  It is not intended to be used as legal advice, product approval, safety certification or regulatory sign-off. It should not be assumed to be transferrable to other products, components, facilities, operations, distribution pathways, importing countries or other contexts. It should be considered one input into your compliance and decision-making processes, not a substitute for your own legal, technical, operational or compliance due diligence. 

Fee Schedule 

Fees, payment terms and invoicing arrangements and disbursements are set out in each Scope of Work Agreement, or other proposal or engagement letter.  Work may be paused if invoices remain unpaid. 

Payment for services undertaken for a company or society must be guaranteed by an employee or shareholder of that body who is authorized to provide such a guarantee.  Persons providing such guarantees are personally guaranteeing full payment of our fees and disbursements in terms of these Terms.

Invoices 

Acceptance of these terms and conditions means that you agree to receive invoices by email, at the email address provided by you.  Invoices will include professional fees and disbursements. Clients may be asked, at the commencement of services, to provide us with a deposit, and/or sufficient funds to meet payment of any necessary disbursements.    

Jurisdiction: New Zealand

These Terms of Trade are governed by the laws of New Zealand.  Any dispute concerning these Terms involving an amount within the jurisdiction of the Disputes Tribunal shall be referred to the Disputes Tribunal for resolution. The parties agree that these Terms of Trade constitutes a written agreement extending the jurisdiction of the Disputes Tribunal to the maximum amount permitted by law.