
The Kiwifruit Growers are aggrieved at losing their Court of Appeal case in a decision released today and following an appeal a year ago seeking damages for Government negligence in permitting the PSA disease into the country.
The Court of Appeal decision today allowe the Crown’s appeal on the basis that the Crown had a statutory immunity that precluded liablity for the alleged negligent acts or omissions (the full Court of Appeal press release is here).
The Court said it would have found no duty of care to exist in the particular circumstances. While there was sufficient proximity for a duty of care to exist, policy factors, in particular indeterminacy, meant it would not be fair, just and reasonable to impose a duty of care in the circumstances.
The PSA outbreak in 2009 devasted the kiwifruit industry and the Kiwifruit Claim, financed by legal funder LPG Group, has said they will now appeal to the Supreme Court.
Kiwifruit Claim Chairman John Cameron said that growers are aggrieved by today’s Court of Appeal decision that finds the Government was responsible for the 2009 PSA outbreak but is not liable for the losses. He confirmed they will appeal the decision in the Supreme Court.
“The Court of Appeal held that MPI was negligent in allowing a high-risk shipment of pollen anthers infected with PSA from China into New Zealand. But they found the Government does not owe a duty of care to ordinary New Zealanders and can’t be held liable for its actions, simply because it’s the Government,” said John Cameron, Kiwifruit Claim Chairman.
“The decision by the Court of Appeal relied upon an interpretation of the Crown Proceedings Act that effectively means the Government can’t be held to account for any wrongdoing.
“We believe this interpretation is wrong. It is both logical and reasonable that the Government should be held responsible for its actions, and those of its employees, where it is clear that significant harm and losses have resulted from their negligence. This is no different to the law that allows us to hold local councils and private business to account for their negligence,” said Mr Cameron.
“While our legal team need to analyse this latest decision, this is far from over. We will appeal this decision to the Supreme Court,” said Mr Cameron. “We would like to acknowledge the hard work from our legal team and the financial support provided by litigation funders, LPF Group, who have enabled this case to proceed this far.”
>> Kiwifruit claim costs million

>> Litigation Funding Power Lawyer
Recently on LawFuel
- What New Jersey Criminal Defense Attorneys Say About Domestic Violence AllegationsFacing Allegations That Can Shatter Lives: Understanding Domestic Violence Legal Consequences One accusation can… Read more: What New Jersey Criminal Defense Attorneys Say About Domestic Violence Allegations
- Buchalter Welcomes Kendall Woods to Litigation Practice in ChicagoBuchalter is pleased to announce that Kendall Woods has joined the Firm’s Litigation Practice… Read more: Buchalter Welcomes Kendall Woods to Litigation Practice in Chicago
- How Probate Works and Why Planning Ahead MattersIt is common for us to follow a familiar path in our lives; we… Read more: How Probate Works and Why Planning Ahead Matters
- Low Crime Rate Areas in Galveston, Texas, That Are Great for Settling DownWhen you’re thinking about relocating to a new city, like Galveston, safety is often… Read more: Low Crime Rate Areas in Galveston, Texas, That Are Great for Settling Down
- Driving After Drinking Can Have Long Lasting Impact on One’s Life: Steer Clear of Such ActivitiesDriving under the influence of drinks is not anything new. Every year, hundreds of… Read more: Driving After Drinking Can Have Long Lasting Impact on One’s Life: Steer Clear of Such Activities