Seeka advises release of Kiwifruit Claim Judgment

9 April 2020

Seeka advises release of Kiwifruit Claim Judgment

The Court of Appeal has today released its decision on an appeal by the Crown
in relation to the Claim by Strathboss Kiwifruit Limited (including a class action
for kiwifruit growers) and Seeka Limited [NZX:SEK] for losses incurred as a
result of the devastating outbreak of the PSA disease in New Zealand.
The Court of Appeal has found the Government was responsible for the 2010
PSA outbreak but is not liable for the losses.
The Kiwifruit Claim Committee have confirmed they will appeal the decision in
the Supreme Court.

Attached is a media release from the Kiwifruit Claim Committee.

Ends.
For further information please contact:
Michael Franks Seeka Chief Executive 021356516
Stuart McKinstry Seeka Chief Financial Officer 0212215583

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Media release | 9 April 2020
UNDER EMBARGO UNTIL COURT OF APPEAL JUDGEMENT IS PUBLISHED
ON THE COURTS OF NEW ZEALAND WEBSITE, THURSDAY 9 APRIL
KIWIFRUIT GROWERS AGGRIEVED BY PSA OUTBREAK DECISION
Kiwifruit growers are aggrieved by today’s Court of Appeal decision that finds the Government was
responsible for the 2009 PSA outbreak that devastated the industry but is not liable for the losses. The
Kiwifruit Claim have 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.”
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For further information please contact Bronwynne Howse: 0274 583 198 or bronwynne@joycehowse.co.nz