NZ: Kiwifruit Claim given 'go ahead' by High Court
![NZ: Kiwifruit Claim given 'go ahead' by High Court NZ: Kiwifruit Claim given 'go ahead' by High Court](https://cdn.freshfruitportal.com/2020/01/News-shutterstock_356279348.jpg)
More New Zealand growers are now expected to sign up to the The Kiwifruit Claim after the High Court in Wellington ruled in favor of the group and against the Crown on 'all substantial points'.
A release from the group said the judgment that was released on July 8 constituted a 'first round win'.
Growers and post-harvest operators who were negatively affected by the Psa outbreak have until October 9, 2015, to sign up to The Kiwifruit Claim, the court has ruled.
The court said growers and post-harvest operators should be allowed to bring the proceedings as a representative or class action, which had been opposed by the Crown Law Office (CLO), according to the release.
The court also said there was no objection to the litigation funder, LPF Litigation Funding Limited, a 100% New Zealand-owned company, and approved the terms of the funding agreement, which had been signed by an initial 72 growers and post-harvest operators.
An initial NZ$250,000 (US$168,000) security for costs is to be lodged by LPF, increasing as the litigation progresses.
The group's chairman John Cameron said this result in the court was expected.
"We believe we have a strong case and we're getting our day in court to see this through," Cameron said.
The Kiwifruit Claim spokesperson Matthew Hooton said that as of today 72 growers and one post-harvest operator had registered and paid their one-off fee completing the formal paperwork to sign up to the claim.
The plaintiffs are represented by a committee consisting of Cameron, Bob Burt and Grant Eynon. The release said it is expected additional plaintiffs will join the claim now it has been given the 'go ahead' by the High Court.
"It's entirely up to growers and post-harvest operators to decide whether or not to join the claim and they should leave plenty of time before Friday 9 October to read through all the documents and get their own independent legal advice," Hooton said.
"In a nutshell, the claim alleges that Biosecurity NZ was negligent in allowing Psa to be introduced into New Zealand, costing New Zealand at least NZ$885 million (US$594 million), according to Biosecurity NZ's own independent study, and the plaintiffs believe it should be held accountable and pay damages for all foreseeable losses.
"All kiwifruit growers and post-harvest operators can join the claim for a one-off fee of $500 (US$335), $1,000 or $1,500 depending on the size of their orchard, and post-harvest operators for a one-off fee of $10,000 (US$6,700)."
Hooton added it was 'totally up to' growers and post-harvest operators whether or not to join the claim, but he highlighted only those that sign up before the deadline could benefit from any settlement or award of damages.
He also said the combined losses of those who have already signed up is estimated to be more than NZ$280 million (US$188 million).
Photo: www.shutterstock.com