Turners and Growers has withdrawn its appeal against the High Court Zespri decision saying the kiwifruit industry is already under enough pressure from Psa.

'Severe Pressure” from the bacterial vine disease is cited as the reason T&G won't be going ahead with the appeal, due to have been heard on November 1.

The Psa crisis within the New Zealand industry is putting kiwifruit growers and their families under ‘severe pressure' says T&G managing director Jeff Wesley.

'Psa will change the industry in a way that no one could have imagined.

'Like all kiwifruit growers, Turners & Growers is hoping a solution will be found quickly and that needs to be the focus for everyone in the industry at this time.

'The Turners & Growers board remains committed to gaining the right to export our own kiwifruit varieties, but believe challenging the legality of the Kiwifruit Regulations 1999 is not the right course given the threat currently facing the industry.”

None of Turners and Growers orchards or its varieties on any commercial orchards have been impacted by Psa to date.

Turners & Growers will continue with its appeal on the second part of its action against Zespri to hear its claims under the Commerce Act. A date for that appeal is yet to be set. In August, the High Court found that Zespri's ‘loyalty' contracts with growers are designed to preserve its monopoly over kiwifruit exports after deregulation.

The court also found Zespri had taken advantage of its market power in adopting a policy of only commercialising new cultivars owned by Zespri. The High Court said, however, that Turners & Growers could not show that Zespri had the purpose of substantially lessening competition in a market because it could not prove that the government would deregulate the industry or when it would do so.