NZ Legal News – Former Open Country Dairy executive pleads guilty in SFO case over $250,000 in kickbacks

A former Open Country Dairy Limited (OCD) group market manager has pleaded guilty to receiving more than $250,000 in kickbacks from an overseas customer, following a Serious Fraud Office (SFO) investigation.

Simon Stewart has entered a guilty plea in the Manukau District Court to one representative charge of acceptance of gift by agent under section 4 of the Secret Commissions Act 1910.

The charge relates to Mr Stewart providing assistance and commercially sensitive price information to OCD’s Indonesian-based customer, PT. Anta Tirta Kirana (Anta Tirta). In return, he received undisclosed financial payments.

Between 1 April 2019 and 10 October 2023, Mr Stewart received 27 payments from Anta Tirta totalling $276,668. The payments ranged from $6980 to $22,767.

Primarily owned by the Talley’s Food Group, OCD is New Zealand’s second-largest milk processor and the world’s second-largest exporter of whole milk powder.

“Dairy is New Zealand’s largest export, and our country’s economic wellbeing is tied to the health of this industry,” says SFO Director Karen Chang.

“Behaviour such as Mr Stewart’s undermines the trust our markets are built on. Any offending that threatens New Zealand’s reputation as a safe place to do business, particularly when linked to such a critical industry, has serious implications for our country as a whole.

“Mr Stewart provided information to Anta Tirta which ultimately influenced their pricing negotiations and interactions with OCD. They offered him payments in exchange for his ‘kindness’. 

“New Zealand businesses often operate in foreign markets, many of which may have different business practices and cultural norms than our own. Businesses who are entering such markets should ensure they are aware of, and protected against, bribery and corruption risks.

“We will continue to act where individuals seek to personally profit at the expense of the integrity of our markets.”

The SFO acknowledges OCD for referring the matter following its internal investigation and for its cooperation during the SFO investigation.

Mr Stewart is due to appear for sentencing on 15 October 2026 at the Manukau District Court.

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