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Court of Appeal finds in favour Government in kiwifruit Psa claim

CoA finds in favour Government in kiwifruit Psa claim

Field Notes, powered by KPMG, is a weekly news update on news nationally and globally from the agri-food sector.

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Ian Proudfoot

Global Head of Agribusiness, Partner - Audit

KPMG in New Zealand

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COA-psa

[09 April, NZ Herald]

The Court of Appeal has allowed the Crown’s appeal against a High Court decision surrounding the outbreak of the Psa disease. In 2018, the High Court partially upheld a claim made by 212 kiwifruit orchardists under Strathboss Kiwifruit Ltd and Seeka against the Ministry for Primary Industries for failing to prevent the devastating disease from entering the country after granting an import permit without undertaking a risk assessment, and also failing to inspect the consignment when it arrived in the country. The kiwifruit growers have announced that they will appeal the decision and take it to the Supreme Court. The High Court found the Crown liable to Strathboss in relation to the grant of the import permit but cleared the Crown of liability for failure to inspect the pollen, and of liability to Seeka, the post-harvest operator.

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