9 May 2011

Zespri's export powers to be challenged in High Court

6:54 am on 9 May 2011

Fresh produce company Turners & Growers will continue its challenge of Zespri's export powers and monopoly in a High Court hearing starting on Monday.

Turners & Growers claims that the kiwifruit marketer has breached the Commerce Act by tying producers into exclusive contracts, as well as trying to control kiwifruit exports to Australia in 2008/2009 and trying to take control of new kiwifruit varieties.

The trial has been set down in the High Court in Auckland for five weeks.

Last year, Turners & Growers lost its initial case against Zespri and is appealing against that decision.

It challenged the legality of the Kiwifruit Export Regulations of 1999, and whether the High Court had the jurisdiction to determine whether Zespri was in breach of the regulations.

Those matters will be heard by the Court of Appeal in November.