Kiwifruit lawsuit launched against Government

Photo / NZME.

The group of kiwifruit growers who allege that the Government agency Biosecurity NZ was negligent in allowing the disease Psa to be introduced into New Zealand lodged their claim in the High Court in Wellington today.

The outbreak, which cost the industry an estimated $885 million, hit New Zealand's most productive growing areas on the North Island's east coast between 2010-13.
The chairman of The Kiwifruit Claim, John Cameron, said in a statement the claim was about "official accountability and just redress for the destruction of so many kiwifruit growers' livelihoods".

All kiwifruit growers have been invited to join the class action 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 action for a one-off fee of $10,000. Only growers and post-harvest operators that sign up to the action can benefit from any settlement or award of damages.

The claim's media spokesman, Matthew Hooton, said 18 per cent of gold-kiwifruit growers by volume had paid their one-off fee and completed the formal paperwork sign up to the claim.

An additional 9 per cent gold growers by volume have expressed an interest.
Eight percent of green-kiwifruit growers by volume had also signed up, and a further 7 per cent of growers by volume who had signed up were yet to be confirmed as gold or green growers.

The combined losses of those who have already signed up is estimated to be nearly $250 million, the statement said.

The Kiwifruit Claim's legal team includes Alan Galbraith QC, Matthew Dunning QC and Parker & Associates. The litigation is being supported by litigation funder, LPF Litigation Funding, a New Zealand-owned company chaired by former Court of Appeal and Supreme Court Judge Bill

Wilson QC. Plaintiffs will be represented by a committee consisting of John Cameron (Chairman), Bob Burt and Grant Eynon.

Hooton said LPF had declared the claim's funding agreement unconditional on November 19.

Strathboss Kiwifruit Ltd has agreed to be the representative plaintiff for growers and Seeka Kiwifruit Industries Ltd to be the representative plaintiff for post-harvest operators.