The New Zealand government has moved to appeal a High Court ruling relating to the outbreak of Psa-V in the country.
In handing down its verdict last month, the court found the Ministry of Primary Industries (MPI) was negligent in allowing the Psa-V disease into the country in 2009.
The class action was led by the Kiwifruit Claim, a group representing 212 members of New Zealand’s kiwifruit sector. The group was claiming close to NZ$400m (US$297m) in damages.
In a case to be heard in New Zealand’s Court of Appeal, the Crown will seek clarification for “the scope for government regulators to be sued in negligence,” according to a release from MPI.
The outbreak of Psa in New Zealand pre-dates the establishment of MPI, who have suggested the High Court finding could “significantly impact” its biosecurity operations.
“MPI takes its biosecurity responsibilities seriously, and while the decision is being appealed, it must still be applied in the interim,” the MPI statement read. “The impact of this for importers and others will be delays in decision-making.”
Kiwifruit Claim chairman John Cameron told New Zealand media company Stuff that members of his group were disappointed by the move, conceding that the fight was 'far from over.'
“This appeal by the Government means kiwifruit growers still have a long and expensive road ahead of them to receive proper compensation for the significant losses suffered as a direct result of MPI's negligence,' Cameron explained to Stuff.
MPI said New Zealand continued to enjoy a high level of freedom from the most damaging pests and diseases as a result of the diligent actions of its officers, importers and other stakeholders.
“No biosecurity system in the world can prevent every pest incursion from happening, which is why our ability to manage risk offshore and respond to incursions if they occur are critical parts of the biosecurity system,” MPI’s statement added.
“A strong biosecurity system needs government, importers, industry and the public actively participating and acting to identify and manage risk.”
An appeal date is yet to be set, with MPI saying it would make no further comment while the process was underway.
