Kiwifruit Claim goes ahead

The Kiwifruit Claim class action for compensation over Psa will be filed in the Wellington High Court next Friday, a meeting in Te Puke was told yesterday.

Around 200 growers and post-harvest operator representatives were told those behind the action have registrations representing 10 per cent of the kiwifruit industry, with claims for losses against the Ministry for Primary Industries worth in excess of $200 million.

Matthew Dunning QC told Wednesday's meeting that he believes the Kiwifruit Claim Psa class action has a good chance of success.

The Kiwifruit Claim committee chairman John Cameron told the meeting the claim will go ahead, and that the committee is not against the industry's single desk structure or the kiwifruit marketer Zespri.

He invited more growers to join the claim, but said filing it will go ahead anyway.

The audience listened closely as John, followed by Matthew Dunning QC and public relations consultant Matthew Hooton outlined the intentions of the claim.

They are to test in court whether the Government, through its biosecurity agency, had a duty of care to kiwifruit growers, and if it had been negligent in that care by allowing plant material containing the bacterial disease Psa to enter the country.

Question time was polite, but the panel was pushed for answers on how much control over the sale of growers' orchards LPF, the company which will fund the case, will have.

There were also concerns raised regarding the chances of the case succeeding and the potential consequences on the government and the country if the case set a precedence for other similar court actions.

DMS Progrowers director, and former Zespri director, Craig Greenlees asked Matthew Dunning why his opinion of the value of DNA evidence about the source of the Psa had changed from his earlier one given to post-harvest operators in 2012.

Matthew said his current opinion is based on new DNA research by Otago University.

The panel was repeatedly questioned by one grower who wanted to establish whether or not signing up as a plaintiff to the claim would in any way affect his ability to sell his orchard.

Matthew Hooton told the grower it was not up to the panel to give him legal advice and that anyone considering signing the agreement should seek legal advice before doing so.

John Cameron said the committee would seek a legal opinion on that question and post the answer on its website.

Another speaker said the majority of the people at the meeting had probably suffered significantly from the impacts of Psa, but it was the right of individuals to decide whether or not to join the Kiwifruit Claim and their decision either way should be respected.

The New Zealand Pork Industry recently lost a case against the Ministry for Primary Industries over the importation of raw pig meat, another speaker said. 'This appeared to be a very strong case but they lost. What chance do you think this case has?” he asked.

Matthew Dunn said he was unfamiliar with the case. He would not give a guarantee of The Kiwifruit Claim's success but said he believed the case was 'meritorious”.

No one stated during the formal part of the meeting that they intended to sign up to the claim. However, anyone interested has until October 24 to do so.

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1 comment

kiwi fruit claim

Posted on 09-10-2014 17:33 | By richard simpson

its amazing that eastpack CEO Tony Hawkins is against the claim with their company stance, yet their Deputy Chairman, Grant Eynon is on the kiwifruit claim committee. Embarrassing conflicting messages from this post harvest facility


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