The Kiwifruit Claim class action against the government will be a battle of the experts – but it appears the claimants may have a strong case.

That's the view of legal expert Professor Bill Hodge, Associate Professor at the University of Auckland's Law School, who has taken an academic interest in the case.

Photo: File.

'Initially it didn't appear they had chapter and verse on how Psa got here,” he told SunLive, 'but it now seems they have the detail.”

Those behind the claim have shown Bill the statement of claim, which appears to show links between a detailed location in China, with a specific strain of the bacterial vine disease.

It was from here that anthers (flower parts) were exported to New Zealand and the area where the disease was first identified in Te Puke in 2010.

Bill says it is not enough for someone suffering damage to seek compensation without being able to prove an exact link.

'The science around the importation of the anthers from China and the alleged negligence of Biosecurity NZ in letting them in may very well be that causal nexus the claim needed to be a real financial threat to the government.

'To the extent that the plaintiffs were saying ‘we got injured by Psa, but we don't know where it came from, we don't know how long it has been here, we don't know how it got in, and you should have stopped it'.

'That's a pretty weak and open-ended case. If they have chapter and verse of the specific entry, then they have, in my respectful view, a very strong prima facie case.

'There is no doubt the Crown will call a PhD in plant genetics among its expert witnesses and it will come down to a battle of the experts.”

Bill says he'll be keeping a close eye on the case and will continue to use it in his lectures.

With just a month to go to join the Psa class action, The Kiwifruit Claim, its promoters are erecting bill boards in Tauranga and Te Puke in an effort to gain more support.

Kiwifruit Claim's spokesman Matthew Hooton says grower and post-harvest operators who want to join action seeking government compensation over Psa have until October 9 to do so.

'There are no second chances here,” explains Matthew.

'Growers and post-harvest operators won't get this opportunity for compensation again, so they must sign up before October 9 to get any kind of financial reparation from the government and the biosecurity failures that led us here.”

The claim does not, however, have universal support within the kiwifruit industry, and the numbers who have signed up so far haven't increased significantly since the action was launched, despite the significant losses caused for growers and post-harvest operators.

Neil Trebilco, president of New Zealand Kiwifruit Growers Inc, says legal advice to the organisation is that the likelihood of success is slight.

'While it is up to growers to make their own decisions on whether or not to be part of the claim,” says Neil, 'NZKGI's view is that the industry should be looking forward, not to the past.”

NZKGI is also urging anyone considering signing up to get intendent legal advice first.

The case is being funded by LPF Litigation Funding Limited, and the funding agreement has been signed by 85 growers and one post-harvest operator, Seeka Kiwifruit Industries.

An initial $250,000 security for costs is to be lodged by LPF, increasing as the litigation progresses. Growers can join for a one-off fee of $500, $1000 or $1500 depending on the size of their orchard.

Post-harvest operators may join the class action for a one-off fee of $10,000. Only growers and post-harvest operators that sign up to the action can benefit from any settlement or award of damages.

Matthew says at least $885 million in losses were suffered by kiwifruit growers and post-harvest operators because of biosecurity failures leading to the introduction Psa in 2010.

'The Kiwifruit Claim seeks compensation for growers affected by Psa, but it is equally important to send a message to MPI that future avoidable breaches must be prevented,” he says

'All New Zealanders have an interest in our country's biosecurity practices.”