The High Court of New Zealand has rejected the latest attempt by Turners & Growers (T&G) to break up the marketing structure of the New Zealand kiwifruit industry, managed by Zespri Group Ltd.

T&G took five claims against Zespri under the Commerce Act in a court case heard in May this year. The claims have been thrown out and the court also ordered costs be paid to Zespri.

These claims focused on Zespri's's conduct within the current regulated industry framework.

The latest failure in T&G's campaign to break up the kiwifruit industry has led Zespri to again call upon T&G to work constructively within the industry legislation to achieve its commercial objectives.

Zespri's Simon Limmer says since T&G began its deregulation campaign it had tried litigation, political pressure, secret talks with foreign Governments and threats to disrupt market access for New Zealand kiwifruit growers offshore.

He says defending the T&G litigation had cost kiwifruit growers millions of dollars.

'As we said from the outset, T&G's litigation was always entirely without merit and is nothing but a publicity stunt in the context of their broader campaign to deregulate the industry.

'From our perspective the continued campaign to deregulate the industry is cynical and a waste of growers' money, at a time when the industry is under tremendous pressure from Psa.

'This case, like T&G's wider campaign, has been a pointless distraction for the New Zealand kiwifruit industry at a time when it is focused on much more pressing issues,” says Simon.