Zespri seeks changes in High Court proceedings

Zespri seeks changes in High Court proceedings
http://www.nbr.co.nz/article/zespri-seeks-changes-high-court-proceedings-122104
Liam Baldwin | Tuesday April 27, 2010 - 12:12pm

Fresh produce company Turners & Growers and kiwifruit exporter Zespri face off in the High Court today in an attempt to split up proceedings set down for a hearing in November.

In July last year, Turners & Growers lodged a statement of claim against Zespri, claiming regulations that provide the kiwifruit exporter with a near monopoly were unlawful.

In addition, it was claimed Zespri abused its dominant position for the purpose of preserving its monopoly and that Zespri discriminated among suppliers of kiwifruit by paying more to those who signed an exclusivity agreement.

In the High Court today, Zespri is attempting to split the issues and is asking the court whether the kiwifruit export regulations are unlawful and whether it actually has power to determine if the company was acting in breach of the regulations.

The substantive hearing between the two horticultural giants is set down for five weeks from November 1.

Turners & Growers has been locked in battle with Zespri for nearly a year and has attempted to convince kiwifruit growers with a series of publications that the company was not providing them with the best returns.

Turners & Growers has developed a range of kiwifruit cultivars and wants the ability to export them. Current kiwifruit regulations prevent the company from exporting the fruit from New Zealand on its own.