KEY POINTS:
A 14-year legal battle between the Berryman family and the New Zealand Army could end in weeks in an out-of-court settlement.
But the Army yesterday said it was not ready to indicate whether it would settle the dispute in advance of a Court of Appeal hearing into the
Berrymans' claim for damages next month.
In a judgment released on Wednesday, Justice Jill Mallon revoked a 1997 coroner's decision that Keith and Margaret Berryman were partly responsible for the death of beekeeper Kenneth Richards on their former King Country farm.
Mr Richards, 39, died when a bridge built by the Army and leading to the Berryman's farm collapsed in 1994.
During the costly dispute, the Berrymans lost their farm. They now live in Wanganui.
Justice Mallon advised the two parties to meet to discuss the $4.5 million in damages claimed by the Berrymans in a hearing scheduled for June 4.
The couple's lawyer, Dr Rob Moodie, said yesterday he was contacting the Solicitor-General and was writing a letter to the Army's lawyer inviting them to "sit down and respond to the encouragement given by the judge to resolve the civil matter".
Dr Moodie said if the meeting was successful, the Court of Appeal hearing in June would not be needed.
"If there was goodwill between all parties, that's quite possible. We have a month to do it. That's enough, but we would have to start on that pretty soon.
"I'd like to see it resolved. I've been working on it for four years; the Berrymans have endured the pain of it for 14 years. The decision of [Justice] Jill Mallon has now brought closure on the matter of responsibility for the cause of the collapse of the bridge ... so let's sit down and see if we can get some resolution."
Mrs Berryman told the Herald it would be "certainly a great relief" if the Army settled with compensation out of court but she was not yet hopeful the end of the matter was in sight.
"With that background, you can't think that it could be over," she said.
She said any compensation was for "our life's work together".
"We've worked the farms that we've had very hard together, and of course all that hard work was lost when we had to get off the farm. So it will put back all the effort that we've put into farming over the years."
A New Zealand Defence Force spokesman said legal experts were studying Justice Mallon's decision. There was no time frame on when any meeting with the Berrymans would take place.
"It would be inappropriate for us to provide any further comment on it. I have had a chat to our legal people and that's the advice that we have been given."
Defence Minister Phil Goff declined to comment.
WHERE TO FROM HERE?
* Lawyers for the Berrymans and the Army have been told to meet to discuss the situation.
* If the meeting is successful for the Berrymans, the Court of Appeal hearing on June 4 will not be needed.
* If the meeting is not successful, the Court of Appeal hearing will go ahead.
* If the Crown appeal fails there will be a misfeasance hearing in the High Court in Wellington - probably next year - to discuss compensation for the Berrymans.
