Turners & Growers (T&G) has called off its appeal against a New Zealand high court ruling last year in favour of kiwifruit marketer Zespri, stating the country’s struggle with the kiwifruit disease Psa must take priority.
The New Zealand horticultural group announced this morning it would not appeal against the 2010 ruling, which dismissed T&G's challenges to the country’s kiwifruit export regulations. The appeal was due to be held on 1 November.
T&G stated it would, however, continue with the appeal of its second high court case against rival Zespri, which alleged breaches of the Commerce Act and was also dismissed this year. A date for that appeal has not yet been set.
“Severe pressure” on the New Zealand kiwifruit industry from the Pseudomonas syringae pv actinidiae (Psa) bacterial disease was the reason for the change in heart, said T&G’s 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 that a solution will be found quickly and that needs to be the focus for everyone in the industry at this time,” he said.
“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.”
When approached by Fruitnet.com, Zespri declined to comment on T&G’s stated motivations.
