Scaremongering by kiwifruit industry leaders is one of the chief reasons the Psa compensation claim against the government is on hold until next month.

That's the view of Matthew Hooton, spokesperson for the Kiwifruit Claim, who says the group is 'taking a breather” and plans to file papers with the High Court in November.

Kiwifruit Claim papers will now be filed with the High Court in November.

The legal documents were due to be filed last Friday and the deadline for growers to join the claim was tomorrow (October 24), but Matthew says that has now been extended to give growers more time to consider their options.

'Quite exceptional scaremongering has been coming from one or two Zespri directors and from NZKGI, and some of it has been quite personal,” claims Matthew.

'Claims have been made that if legal action was taken, the government would strip the industry of the Single Point of Entry status, would reduce funding for research and development in the kiwifruit industry and that Trade Minister Tim Groser would not represent the industry over access to markets.

'All of those claims are false.”

The claim seeks compensation for the effects of the bacterial disease Psa on kiwifruit growers and plans to hold Biosecurity NZ accountable for its negligence in allowing the 2010 outbreak.

The claim's legal team includes Alan Galbraith QC, Matthew Dunning QC and Parker & Associates. The class action is being supported by litigation funders, LPF Group Ltd.

Matthew says the strong reaction from the industry was unexpected, but despite that the claim has signed up growers who represent 15 per cent of the industry's gold crop, plus the only post-harvest operator to join the claim, Seeka.

'We are talking to a further 15 per cent of gold growers but have not heard from the remaining 70 per cent,” he says.

The plan now is to 'slow down” and lodge papers with the court next month, at which stage Matthew says the court is likely to set a time limit for other growers to join the claim.

He adds: 'Unlike in the USA, you have to be part of a claim in New Zealand in order to benefit from it.”

Neil Trebilco, president of New Zealand Kiwifruit Growers Inc, says its stance on the Kiwifruit Claim remains the same.

'We are advising growers to think very carefully before becoming part of the claim, but in the end the decision is up to growers,” he explains

NZKGI had obtained legal advice on the possibility of taking a case over the introduction of Psa but the opinions were that such a claim would face significant hurdles and the likelihood of success was not high, he says.

Neil adds: 'We need to bear in mind that like it or not, this industry is in partnership with government and the last thing you do to your partner is sue. For me suing a partner is a last resort.”