Growers' legal action over PSA

Kiwifruit growers taking legal action against the Ministry for Primary Industries, for compensation over losses caused by the bacterial disease Psa-V, believe they will win.

The Kiwifruit Claim, which growers are now being invited to join, seeks compensation for the effects of the disease estimated to have cost the country at least $885 million.

'We are very confident that this case will succeed. The funder (LPF Group Limited) will only fund cases it regards to be meritorious not cases it considers has only a 50/50 chance of success,” says spokesperson for the group, Matthew Hooton.

Otamarakau, dairy farmer, kiwifruit and avocado grower John Cameron is chair of the committee fronting The Kiwifruit Claim and other committee members are Te Puke grower Bob Burt, Aongatete Managing Director Allan Dawson and Te Puke accountant Murray Gibson. The claim's legal team includes Alan Galbraith QC, Matthew Dunning QC and Parker & Associates.

Growers have until October 24 to sign up to the claim which John says aims to hold Biosecurity NZ to account for allowing the disease to enter the country; to gain compensation for affected growers and to ensure such a breach of this country's bio-security never happens again.

All kiwifruit growers or post-harvest operators whose orchards or businesses were affected by Psa as at October 1, 2010, are eligible to be part of the action, even if they are no longer part of the industry.

A Zespri spokesperson says the kiwifruit marketer was unaware of the class action suit until yesterday.

'We have not received any information about this case from the growers involved. We would like to study the details before drawing any conclusions.”

A New Zealand Kiwifruit Growers Incorporated statement says NZKGI became aware of ‘The Kiwifruit Claim' class action against the Government yesterday and is reviewing the details of the compensation claim to 'seek clarity about the following key issues before making an assessment or a formal statement”.

Those key issues are; the legal basis for the claim; the chances of its success and if growers enter into the claim, how much will it cost them and what will be their liability in the event of it being unsuccessful. Once NZKGI has assessed these key issues and formed a view it will provide further comment, the statement says.

John says the impacts of the disease, which caused vines to die or be removed, resulting in loss of income for several season, have been devastating for some growers, business and rural small towns.

John's own orchard has been affected, but not as severely, he says, as many others.

Should the action be successful, John says it could open the flood gates for other bio-security claims against the government department.

The Kiwifruit Claim has notified the offices of the caretaker Minister of Finance, the caretaker Minister for Primary Industries and the caretaker Attorney General; local MPs; the Solicitor General; Zespri; New Zealand Kiwifruit Growers Incorporated, and Kiwifruit Vine Health of their claim as a matter of courtesy.

In 2012 the Ministry for Primary Industries commissioned the Sapere report by an independent research company which said in part that Biosecurity NZ, did not put in place adequate controls for New Zealand's biosecurity.

John says all kiwifruit growers and post-harvest operators have been invited to join the class action.

A website with more information has been launched and advertising in newspapers will begin later this week. A first round of grower meetings will begin next week.

"There is no doubt in our minds that Biosecurity NZ was negligent in how it was protecting New Zealand from Psa and other risks from as far back as 2004.”

Johns says growers initiating The Kiwifruit Claim are grateful to the current government for addressing many of the issues identified by Sapere in its report when establishing the new integrated Ministry for Primary Industries.

You may also like....

3 comments

I

Posted on 30-09-2014 10:55 | By Capt_Kaveman

hope the idiot that imported the pollen is also liable and the person who stamped it into the country is sacked


Did NZ growers visit infected orchards overseas?

Posted on 30-09-2014 13:59 | By Annalist

If they did, then why should the government (taxpayers) have to stump up for the PSA problem? Is it possible they could have come into contact with this disease on overseas jaunts or junkets???


Hammer them

Posted on 30-09-2014 15:00 | By peecee09

If it is proven that Biosecurity NZ is guilty they should be hammered and made to pay for this shocking error The industry will never fully recover from this disaster.


Leave a Comment


You must be logged in to make a comment.