Kiwifruit claim statement online
The class action, launched on 29 September and filed in the High Court at Wellington on 28 November, is about “official accountability and just compensation for the destruction of so many kiwifruit growers’ livelihoods” says its chairman, John Cameron. Only growers and post-harvest operators that sign up to the action can benefit from any settlement or award of damages.
The claim alleges government agencies through their employees owe a duty of care to the plaintiffs and that Biosecurity NZ, now part of the Ministry for Primary Industries, breached this duty of care when it negligently allowed kiwifruit-vine-killing-disease Psa to be introduced into New Zealand, costing the country at least $885 million according to Biosecurity NZ’s own independent study.
The statement of claim outlines how Psa came to be introduced into New Zealand and how Biosecurity NZ was responsible, allegations which are denied by the defendant.
All kiwifruit growers are invited to become plaintiffs for a one-off fee of $500, $1000 or $1500 depending on the size of their orchard. Post-harvest operators have been invited to join the class action for a one-off fee of $10,000.
The claim’s media spokesperson, Matthew Hooton, said, as of 5.00 pm last Thursday, 29% of gold- kiwifruit growers by area had registered their interest in the claim, of which 18% had paid their one-off fee and completed the formal paperwork to sign up to the claim. Nine percent of green- kiwifruit growers by area had also signed up or registered their interest.
The combined losses of those who have already signed up are approximately $250 million. Applications filed with the statement of claim have asked the High Court to approve the representative action and litigation funding arrangements and amongst other things to set a deadline for other growers and post-harvest operators to join the claim.
Growers and post-harvest operators are strongly recommended to read the statement of claim together with the explanatory material approved by the High Court at Wellington and all other relevant documents, and to seek their own independent legal advice before signing up to the claim.
Click here to download The Kiwifruit Claim Media Statement 30 January 2015 (PDF).
Please visit thekiwifruitclaim.org for more information.