The Dairy Industry Restructuring Act (DIRA) has been getting a lot of attention lately, from the
discussion on the price of milk through to Trading Among Farmers. That’s because
the diary industry restructuring act is the foundation piece of legislation
that allowed Fonterra to be formed.
I have one major issue with it, but first some background.
Prior to Fonterra or before 2001, the dairy industry was
made up of a number of dairy Co-operatives spread across the country. These
Co-ops supplied both domestic and export dairy products.
But all milk that was exported had to go through the NZ Dairy Board, who controlled all the marketing and distribution of NZ milk into export markets. So an
individual NZ company could not negotiate deals directly with customers in a foreign
country (Craig Norgate gave it a crack though).
Fonterra was formed when the two largest Co-ops, Kiwi and NZ
Dairy Co-op merged with the marketing board and most of NZ other small Co-ops.
Fonterra now accounted for over 95% of all milk collected in NZ. The DIRA was passed
to allow this merger to take place. It now meant that anybody or company can
export milk out of NZ independently.
But the government were concerned that this merger would
create a monopoly player in the domestic market, who could exploit that
position and NZ consumers could end up being over charged for their dairy
products. So provisions were made in DIRA that required Fonterra to supply 600
million litres of milk to competitors. This would allow competitors to buy milk
from Fonterra at “the farm gate” price, who could then process the milk and
compete in the domestic market. Therefore ensuring there was plenty of competition.
In the 10 years following the formation of Fonterra, we have
seen plenty of milk processors in the NZ market, producing all types of dairy
products from milk to yogurt etc.
If we look at liquid milk as an example, most of the milk in
the brands we see in the super market is purchased from Fonterra under DIRA.
Meadow fresh which is based in Christchurch and owned by Goodman Feilder,
simply gets the milk delivered to its factory by Fonterra tankers, where it is
processed and put into a Meadow Fresh bottle. Fonterra’s Anchor brand competes
directly with Meadow Fresh as they are both aimed at the same price point. Both
brands contain exactly the same milk. The supermarket home brands price there milk at
a cheaper rate. There are also a few smaller processors like Klondyke and Al
& Sons. So it is clear that there is competition in the New Zealand market.
Further proof of the existence of competition is there is nothing to stop any dairy farmer in NZ from
pasteurising their cow’s milk and selling it to the NZ consumer. Many farmers have done it in the past. Likewise, there
is nothing stopping any start-up company from creating any dairy product and
selling it. They simply call Fonterra and tell them how much milk they want and
where they want it. So there is competition in the domestic market.
We have also seen export based dairy companies come onto the
scene in the last 10 years. Synlait, Open Country Cheese are two early
examples. These companies are export based businesses and as far as I’m aware they
don’t provide any product to the domestic market and if they do it will be a
tiny fraction of their total business.
These two companies are entitled to DIRA milk from Fonterra
as well, even though they have their own suppliers and in Synlait’s case they process milk from their own 15,000 cows as well as their own suppliers.
Now both these two independent companies have at every
opportunity argued for the reduction of the “farm gate” price of milk that they
pay Fonterra. There are endless submissions to government and a healthy amount
of lobbying of government ministers takes place. These two processors among
others jumped into the recent “milk price” debate that raged, as consumers
complained about the rising cost of milk.
They claim that Fonterra are artificially raising the “farm
gate” milk price because their processing division essentially accepts a lower
return on investment than a normal competitor would. The recent claim is that
the farm gate milk price is 40-50c/kgms higher than it should be, and that a
normal competitor would not or could not pay this price and still make a
suitable return.
This is where the “war of words” between these companies and
Fonterra is focussed.
I don’t believe the farm gate price is over inflated, in
fact I believe that it is actually quite a cheap method of acquiring milk.
I’ll comment on the “farm Gate” milk price at a later date.
But my main concern is, why does DIRA allow an export based company buy DIRA
milk from Fonterra. The main concern of regulators back in 2001 was that
Fonterra would have a monopoly in the domestic market and stifle domestic
competition. So the provisions within DIRA that we discussed above, were
designed to allow this domestic competition.
We now have a situation where these two companies are taking
“cheap milk” from Fonterra processing it and then essentially competing with
Fonterra in international markets. If one wanted to get all sensational about
it we could put it like this; the NZ government has legislation that allows 2 foreign
owned companies to come in and buy cheap milk from Fonterra and then compete
against Fonterra internationally. From a NZ Inc perspective it makes no sense!
There has been a huge public response to Shanghai Pengxin
buying the Crafar farms. Shanghai Pengxin have stated that they will build a
processing plant to process their milk, but it is entirely possible that they
would be eligible to buy DIRA milk as well, which I find to be totally backward
thinking, as Fonterra and its farmer shareholders should be making the margin
from the final processed milk not a foreign owned company.
I believe that a simple amendment needs to be made to DIRA,
that DIRA milk is only available if it is destined for the NZ domestic market.
There does not need to be competition for raw milk destined for international
markets. The Commerce Commission and the NZ government only need to worry about
competition in the NZ domestic market.
The Government of NZ has no greater task than to support our
export sector and protect the businesses that earn our foreign money, Open Country
and Synlait are included in this group. I
have no problem with companies competing with Fonterra, that’s healthy. But if an
independent company wants to export dairy products then they should get their
own milk supply.Both Synlait & Open Country have their own suppliers anyway.
I can’t think of an example anywhere, where a company is required by
legislation to supply product to competitors.