The Crown is appealing a High Court judgement which ruled that the Ministry of Primary Industries was negligent in allowing the deadly PSA disease into New Zealand in 2009, which devastated the kiwifruit industry.

The Crown appeal seeks to clarify the scope for government regulators to be sued in negligence.

PSA decimated the kiwifruit industry and its impact was far reaching, not only on growers and their individual orchards, but on the New Zealand economy.

Following lengthy court proceedings, the Court established that MPI owed a duty of care to kiwifruit growers when carrying out its biosecurity functions.

Kiwifruit Claim Chairman John Cameron says the Kiwifruit industry alone is worth around $1.67 billion a year to the New Zealand economy, and MPI is the only agency in the country with the mandate to manage biosecurity risks.

"We've had to fight a really hard and expensive battle to get this decision. Some growers lost everything when PSA hit, their orchards and businesses, their life savings, and for many, the financial and emotional impact is ongoing.”

Since the release of the judgement last month, a notice of appeal has been filed in the Court of Appeal against the High Court’s decision in the Psa litigation.

“The Court’s finding traverses events dating back 12 years, pre-dating the establishment of the Ministry,” says an MPI spokesperson.

“The Ministry is continually enhancing and improving the way it manages pre-border risk and import processes at the border.

“We have confidence in our current biosecurity system and its continued robustness. New Zealand enjoys a high level of freedom from the most damaging pests and diseases as a result of the diligent actions of MPI officers, importers and others.

“No biosecurity system in the world can prevent every pest incursion from happening, which is why our ability to manage risk offshore and respond to incursions if they occur are critical parts of the biosecurity system.

“A strong biosecurity system needs government, importers, industry and the public actively participating and acting to identify and manage risk.”

The Ministry considers the High Court finding has the potential to significantly impact on the Ministry’s biosecurity operations.

“MPI takes its biosecurity responsibilities seriously, and while the decision is being appealed, it must still be applied in the interim. The impact of this for importers and others will be delays in decision-making.

“As the matter will go before the Court of Appeal, we will be making no further comment.”

More background about the case is here: http://www.mpi.govt.nz/protection-and-response/biosecurity/kiwifruit-claim/