The group fronting The Kiwifruit Claim class action have posted its statement of claim on its website, together with explanatory material approved by the High Court at Wellington.

The plaintiffs claim Biosecurity NZ, now part of the Ministry for Primary Industries, breached its duty of care when it 'negligently allowed kiwifruit-vine-killing-disease Psa to be introduced into New Zealand, costing the country at least $885 million according to Biosecurity NZ's own independent study”.

Details of the claim by 41 kiwifruit growers and Seeka Kiwifruit Industries for compensation from the Ministry for Primary Industries are now public.

The case will focus strongly on Biosecurity NZ allowing importation into New Zealand by Te Puke-based Kiwi Pollen Ltd of kiwifruit flowers sourced from China in June 2009.

The claim states that a study by Otago University scientists, published in November 2013, confirms that the strain of Psa which spread 'originated in the Shaanxi Province, China, from where the anthers were imported in June 2009”.

The claim's media spokesperson, Matthew Hooton, says the combined losses of those who have already signed up are approximately $250 million.

Seeka Kiwifruit Industries estimates it sustained losses in the region of $53 million due to the reduction in supply of kiwifruit because of the impact of the disease.

The class action, launched on September 29 last year and filed in the High Court at Wellington on November 28, is about 'official accountability and just compensation for the destruction of so many kiwifruit growers' livelihoods” says its chairman, John Cameron.

Only growers and post-harvest operators that sign up to the action can benefit from any settlement or award of damages.

John says all kiwifruit growers are invited to become plaintiffs for a one-off fee of $500, $1000 or $1500 depending on the size of their orchard. Post-harvest operators have been invited to join the class action for a one-off fee of $10,000.

Applications filed with the statement of claim have asked the High Court to approve the representative action and litigation funding arrangements and, amongst other things, to set a deadline for other growers and post-harvest operators to join the claim.

The next step in the process is a first call of the proceedings on February 23. Matthew says the defendant (MPI) has been ordered to file a notice of opposition and/or a statement

of defence or an application to strike out the claim together with an application for extension of time by March 6.

Further information on The Kiwifruit Claim and a forum where growers can lodge their questions about the claim can be found at: www.thekiwifruitclaim.org

Growers and post-harvest operators are strongly recommended to read the statement of claim together with the explanatory material approved by the High Court at Wellington, and to seek their own independent legal advice before signing up to the claim, Matthew says.