08 July 2015

Kiwifruit: Strathboss Kiwifruit v. Attorney-General

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)

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