Growers representing over a quarter of New Zealand’s gold kiwifruit production by area have thrown their support behind a legal claim against the country’s government, according to the official statement lodged with the High Court in Wellington.
Published by the Kiwifruit Claim, the group orchestrating the class action, the statement also reveals that plaintiffs were seeking “unspecified” damages in relation to the outbreak of the Psa vine-killing disease.
The statement alleges Biosecurity New Zealand, now part of the Ministry for Primary Industries, was negligent in its responsibility to protect the industry, allowing the Te Puke-based Kiwi Pollen to allow the importation of kiwifruit pollen between 2007 and 2010. The pollen has since been pinpointed as one of the causes of the disease’s spread.
John Cameron, chairman of the Kiwifruit Claim, said the case is about “official accountability and just compensation for the destruction of so many kiwifruit growers’ livelihoods.”
All New Zealand kiwifruit growers are being invited to become plaintiffs in the claim by contributing one-off payments of NZ$500, NZ$1000 or NZ$1500, depending on the size of their orchards. Post-harvest operators have been invited to join the class action for a one-off fee of NZ$10,000.
Matthew Hooton, a spokesman for the Kiwifruit Claim, said 29 per cent of gold- kiwifruit growers by area had registered their interest in the claim, of which 18 per cent had paid their one-off fee and completed all formal paperwork. Nine per cent of green- kiwifruit growers by area had also signed up or registered their interest.
The class action was launched on 29 September and filed in the High Court on 28 November. A first call of the proceedings is set to be held on 23 February.
Representative plaintiffs in the case include Strathboss Kiwifruit for growers and Seeka Kiwifruit Industries for post-harvest operators. The class action is being supported by litigation funder, LPF Litigation Funding.
