Zespri hits back

Zespri chairman Peter McBride is speaking out against The Kiwifruit Claim – a move to seek compensation from the government for losses caused by the bacterial disease Psa-V.

The group is inviting kiwifruit growers to join a legal action seeking compensation from the government for alleged biosecurity lapses that allowed the pathogen into the country.


Zespri chairman Peter McBride.

In a statement released today Peter says the people behind The Kiwifruit Claim are seeking to sign up growers to a class action before they have the opportunity to properly consider the legal merits of the claim – and before a statement of claim has been filed.

The claim lacks transparency and fails to properly communicate the uncertainties surrounding the claim, says Peter.

The Kiwifruit Claim comes as the industry is well into recovery from Psa-V, which is estimated to have cost the industry $885 million.

Peter McBride says he's aware of the cost because his own orchard was struck by Psa-V.

'At its height it devastated people's incomes, their assets, their savings, their life's work and their self-esteem,” says Peter. 'It put immense pressure on people and families, on orchards and on the wider community.”

Orchard gate returns are now strong and orchard land prices have recovered to the point where they are now higher than pre-Psa levels, says Peter. Zespri is back on track to deliver on its plan to triple revenue to $3 billion by 2025.

He adds: 'The last thing the industry needs now is for the focus to be taken from growing our industry and placed on a divisive, drawn out and hugely expensive legal claim. I believe the industry will prosper by working with the government not against it.”

The kiwifruit industry is currently working with government on a number of initiatives such as the government industry agreements, research and development, market access, free trade agreements and Kiwifruit Vine Health – the organisation formed to research and fight Psa-V.

'Biosecurity is critical to our industry's success,” says Peter. 'I believe the best way to strengthen this system is to learn from the experience and to work in partnership with the government.

'That is why the kiwifruit industry was the first to sign up to a Government-industry agreement on biosecurity, and has an industry body set up to specifically focus on improving biosecurity outcomes.

'Ultimately it is not Zespri's place to tell growers whether they should sign up to this claim or not. That is entirely their decision.

'Growers at the very least deserve the people behind The Kiwifruit Claim to be completely transparent about the risks – political, legal, and financial – associated with this claim.

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. The funder is LPF Group Limited.

Growers have until October 24 to sign up to the claim which is intended 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 New Zealand bio-security never happens again.

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.

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6 comments

How about a straight answer to this question?

Posted on 02-10-2014 18:15 | By Annalist

Did any NZ growers or any Zespri people visit any infected orchards or areas overseas? Before having a go at the government (really the taxpayer) take a close look at your own actions. I've asked this simple question before but no answer.


Annalist

Posted on 02-10-2014 22:54 | By TePukeCookie

Movement of individuals was investigated as a possible vector for the incursion as part of the independent review run by MPI commonly referred to as the Sapere Report. The probability PSA found its way to NZ via this method was considered very unlikely. There were far more likely pathways one of which is the focus of the current court action.


A Big Ask @ Annalist

Posted on 03-10-2014 07:46 | By Disappointed

Getting a straight answer from a government department hoping to deflect liability is a bit much to expect. There was a report released some time back that identified two potential initiators - potted plants imported from China and sold in Te Puke and the more likely kiwifruit pollen imported from Italy (a country where PSA was rampant). Either scenario indicates a failure by Biosecurity which many blame on frontline staffing cuts demanded by the then and newly elected government. There was also rumour that Zespri had some knowledge and/or involvement in the pollen importation so their criticism here is not overly surprising.


And I also!!!!

Posted on 03-10-2014 08:56 | By Sambo Returns

asked the question 2 x years ago.... if Bio Security are at fault, why should they not compensate???, but as usual it will be a long protracted affair, with only the lawyers benefiting financially.


Look after your own.

Posted on 03-10-2014 10:45 | By LeeW

Maybe if Zespri had implemented a fairer compensation scheme rather than their "first in, first served" method growers wouldn't need to take action against the government.


The problem is this will cost all taxpayers

Posted on 03-10-2014 11:06 | By Annalist

Biosecurity or any government department isn't somehow separate from all of us. If the growers win this claim, all us ordinary people will effectively pay through our taxes won't we? Since their is a presumption of innocent unless proven guilty could the growers please prove their claim. Just as it's impossible to stope the spread of colds and flu I guess its equally difficult to absolutely prevent the entry of horticultural diseases too.


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