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.
The plaintiffs alleged MPI failed to follow its own regulations under the Biosecurity Act and this failure caused the PSA incursion in 2009/2010.
Specifically, they said MPI failed to follow its own regulations by not properly considering whether kiwifruit pollen could carry PSA and failing to undertake the required risk assessment when it received an application to import pollen.
They said MPI negligently gave biosecurity clearance for the entire shipment of banned plant material which was infected with PSA to enter the country and be delivered to Kiwi Pollen's premises in Te Puke. This shipment was the source of the PSA incursion that devastated the kiwifruit industry in New Zealand, the claimants said.
The duty of care aspect arose because the Kiwifruit Claim say that MPI owed a duty of care to the kiwifruit industry when performing its border security functions under the Biosecurity Act, they said.
The Ministry for Primary Industries did not accept the allegations.
In a statement last year, MPI said it did not "let" Psa into the country by allowing pollen imports to New Zealand. "Various studies are inconclusive as to exactly how the bacterium entered New Zealand," it said then.
The ministry also claimed statutory immunity from civil proceedings under the Biosecurity Act. -- Staff Reporter