Control and eradication are important biosecurity methods
Biosecurity New Zealand works hard with all New Zealanders to control and eradicate unwanted pests and diseases to help protect and grow New Zealand. Sometimes the control and eradication methods we must use may cause some financial loss to individuals and businesses.
Under the Biosecurity Act 1993 (section 162A), if you feel you've incurred a loss as a result of our actions, you may be able to claim compensation.
Kiwifruit growers and post-harvest operator claim
In November 2014, a group of kiwifruit growers and a post-harvest operator (Seeka Ltd) brought a class action, against the Crown. By the time the case came to be heard in the High Court in 2017, there were approximately 210 growers involved in the claim, represented by Strathboss Kiwifruit Limited (the first plaintiff), and Seeka (the second plaintiff).
The litigation revolved around events that took place between 2006 and the November 2010 Psa-V incursion when MAF was responsible for biosecurity.
Stage one was heard in the High Court from August to October 2017. The High Court’s decision was released on 27 June 2018.
The Crown appealed the High Court decision and the respondents filed cross-appeals in March 2019. The Court released its decision on 9 April 2020. The Court of Appeal allowed the Crown’s appeal and dismissed the respondents’ cross-appeals.
Strathboss and Seeka filed an appeal against the decision to the Supreme Court. In February 2021, the Crown and kiwifruit sector plaintiffs reached an out-of-court settlement. The plaintiffs agreed to accept a Crown offer of NZD$40 million, which included a significant contribution from the Crown’s insurers of NZD$15 million. The plaintiffs had brought a claim for NZD$450 million plus interest.