In a decision causing some angst for all regulators carrying out an operational role, in Strathboss Kiwifruit Ltd v Attorney-General [2018] NZHC 1559 Mallon J found that the then Ministry of Agriculture and Forestry (MAF) owed and breached a duty of care to kiwifruit orchardists in negligently allowing destructive Psa bacteria into New Zealand in 2010, thereby causing significant damage to North Island kiwifruit orchards.
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