Kiwifruit Claim Chairman, John Cameron talks to Maja Burry about the case heading to the Supreme Court.
National Business Review
22 July 2020
"Supreme Court grants leave to appeal in kiwifruit case"
UPDATE: The country’s highest court has given kiwifruit growers and post-harvest operators another chance at justice after granting leave to appeal over the PSA3 kiwifruit outbreak more than a decade ago.
In a one-page judgment without any reasons, Supreme Court Justices Susan Glazebrook, Mark O’Regan and Ellen France granted claimant group Strathboss Kiwifruit, representing 212 grower businesses, and post-harvest operator Seeka leave to appeal a Court of Appeal decision, which found the Crown couldn’t be sued for negligence as it had statutory immunity.
9 April 2020
"Kiwifruit growers denied compensation for PSA disease"
Kiwifruit growers who've been denied compensation for PSA disease say it raises concerns about whether the Government will be held accountable for any other biosecurity risks.
A Court of Appeal judgement released on Thursday found that the Government was negligent in allowing the PSA disease to be imported into New Zealand but that it has immunity on liability for millions of dollars in losses.
"Kiwifruit growers' PSA case: Judge took right approach - lawyer"
Lawyers for a group of kiwifruit growers who last year won their battle for compensation from the then Ministry of Agriculture and Forestry over an imported shipment of diseased pollen say the High Court was right in its approach to the case.
15 March 2019
"NZ: Crown's appeal argues The Kiwifruit Claim judgement is unsound in law and fact"
The New Zealand Government (The Crown) has concluded its submissions in the Court of Appeal, in which it is seeking to overturn a judgement that found it should be held accountable for a Psa outbreak in 2009.
Last June, the NZ High Court ruled that the MPI (formally MAF) was negligent on several different occasions when it allowed Psa disease into New Zealand, after a 12-week hearing. The Crown lodged an appeal against the decision, which began this week, with a counter-claim still to be heard.
"Government could have to pay out hundreds of millions to kiwifruit growers"
Kiwifruit growers devastated by the vine-killing disease Psa could be entitled to hundreds of millions of dollars in compensation after a High Court ruling in their favour.
A class action brought by 212 kiwifruit growers against the Attorney General claimed the Ministry for Primary Industries (MPI) failed to take reasonable care when allowing pollen from China to be imported.
"The court sequel to the outbreak of kiwifruit disease Psa draws to a close"
Don Hyland lost his legs to diabetes and fought a lifelong battle with profound dyslexia. But what finally beat him was Psa. The infestation of his orchard with the kiwifruit disease forced him to sell it at a ruinous loss, and he holds the Ministry for Primary Industries (MPI) responsible.
Hyland sold his kiwifruit property in 2012 for $875,000. At the time Psa was first detected in 2010, he says, it had a market value of $500,000 a hectare, or more than $3 million.
"MPI lawyers, kiwifruit growers battle over duty of care in Psa court case"
In the closing days of the 11-week court case brought by kiwifruit growers against the Ministry for Primary Industries over the 2009 outbreak of Psa, the government's lawyers insist it doesn't have a duty of care for biosecurity while the grower's group argues leaky building case law shows it does.
"MPI ordered to release details of insurance arrangements for kiwifruit claim case"
The Ministry for Primary Industries has been ordered to release details of insurance arrangements it holds for a legal claim against it by a group of kiwifruit growers over the Psa outbreak which devastated the industry in 2009.
The High Court hears a case in which kiwifruit growers are seeking compensation from the Ministry of Agriculture and Forestry, which they say failed to protect them from known biosecurity risks by allowing the vine-killing disease PSA to slip into the country.
"NZ: Kiwifruit Claim plaintiffs close - argue duty of care was owed"
Plaintiffs in the Kiwifruit Claim court case believe they have proven that MPI was negligent and breached its duty of care by allowing kiwifruit pollen contaminated with Psa-V to be imported into New Zealand and released into the kiwifruit industry.
"Kiwifruit growers can't sue over Psa damage - QC"
A group of kiwifruit growers claiming that negligence by the Ministry for Primary Industries allowed the Psa virus into New Zealand in 2009 isn't legally able to make a damages claim and is wrong about where the virus began, a government lawyer has told the High Court.
"Court hears about role of kiwifruit pollen in possible arrival of PSA"
The Kiwi Pollen company was considered by some to have "ruined" the kiwifruit industry because they believed it was the means by which Psa came into New Zealand, company managing director Jill Hamlyn has told the Wellington High Court.
Hamlyn explained her role in the business and how kiwifruit pollen had been imported by the company from Chile and China.
17 August 2017
"Kiwi Pollen MD Jill Hamlyn says she was blamed for Psa outbreak by industry"
A kiwifruit pollen importer says she can't recall testing done on pollen as the Psa virus outbreak was discovered, and her business has come under pressure as she has been blamed for the damage caused.
"Seeka tells court of redundancies and million dollar losses following PSA disease"
Kiwifruit grower and packer Seeka Kiwifruit Industries was forced to make 64 staff redundant at a cost of $2.1 million, saw its share price plummet and lost $1.8m on sales that fell through following the arrival of the devastating Psa disease in 2010.
"Litigation loans: the high price of civil justice "
"Not a hope in hell," says John Cameron.
Cameron is one of over 200 Kiwifruit orchardists suing the Ministry for Primary Industries over losses following the devastating outbreak of the Psa disease in 2010 they believe was caused by imported pollen.
But the case would never have gone ahead without the case being bankrolled by litigation funder LPF.