The New Zealand High Court has found that the Ministry of Primary Industries was negligent in allowing the deadly Psa disease into the country in 2009, in what is being hailed as a “landmark decision.”

The court also ruled that that MPI owed a duty of care to kiwifruit growers when carrying out its biosecurity functions, which Kiwifruit Claim chairman John Cameron described as “hugely significant for the kiwifruit industry and other primary industries.” 

The entry of the kiwifruit vine disease had a devastating impact on the kiwifruit industry and resulted in many growers losing their entire orchards.

“We completely agree with the Judge when she says that the wrong to the 212 kiwifruit growers should be remedied,” he said.

“We’ve waited a long time for this day, and we are absolutely thrilled that the Court has held that MPI owed a duty of care and breached that duty when it allowed PSA to enter New Zealand in 2009.

“We hope that this significant decision draws a line in the sand for what has been a long and difficult 8 years for growers who could not have brought this action without the support of LPF Group.”

The court will now decide what level of compensation should be paid to the growers. The New Zealand government is able to appeal the decision.

In a press conference announcing the decision, Kiwifruit Claim committee member said Grant Eynon it was estimated losses of NZ$450 million were incurred as a direct result of the Psa incursion.

In a statement, MPS said it had received the High Court’s decision on the long-running litigation. 

“We are now carefully considering its findings and implications for current and future biosecurity activities,” it said.