Kiwifruit
growers have High Court approval for a class action against Ministry of Primary
Industries following allegations government negligence caused Psa bacterium to
infect local orchards. It is estimated
37 per cent of kiwifruit orchards were affected.
A class action enables multiple litigants with
a common cause to group together and pursue their common claim. It is claimed some 1200 orchards were
infested with Psa causing substantial crop losses and requiring removal of affected
vines. Auckland-based LPF Litigation
Funding Ltd is financing the class action.
It is alleged the bacterium arrived in a 4.5kg
consignment of kiwifruit pollen imported from China in 2009. The following year, Te Puke orchards next to
the importer were found to be infected. Growers claim Primary Industries was
negligent and breached the Biosecurity Act by not strictly controlling the form
of imported pollen. Psa was first
identified in Italy, around the Lazio region in 2007 or 2008.
Justice Dobson gave individual kiwifruit
growers until 9 October 2015 to “opt-in” and join the class action. LPF Litigation Funding was ordered to put up
$250,000 security to cover the Ministry’s costs for preliminary steps prior to
trial. Primary Industries denies
liability.
Strathboss
Kiwifruit v. Attorney-General – High Court (8.07.15)
15.077