Too much of a good kiwifruit | Rural

Growers who have illegally grafted the new kiwifruit variety G3 face one of three potential penalties, including a one-off fine of up to $50,000 a hectare.

They could also be forced to prune back the illegally grafted canes or remove them completely.

Zespri's general manager (grower and government relations) Simon Limmer said the grower co-operative's board resolved to take action to protect its intellectual property rights with the gold kiwifruit.

Growers who had grafted the vines without licences would face penalties.

"The growers will be required to acquire licences and either pay a one-off penalty of $50,000 per hectare over and above the licence fee, or remove canes to two buds above the graft which would take away any advantage they may have had [in terms of fruit production] over growers who purchase licences this season."

Those who could not buy licences would be required to remove the vines completely. Zespri was aware of just under 45ha of G3 which had been planted without licences, much of it by growers who held licences but had exceeded the hectares they were permitted to grow the fruit in.

Mr Limmer said giving growers the opportunity to purchase licences for their over-planting would not limit the licences available to others in the industry.

There would also be no effect on the availability of bud wood for grafting.

"Illegal plantings are not a new problem and Zespri has been pretty focused over the years on enforcing its rights," Mr Limmer said.

The gold variety Hort16A, now found to be so susceptible to the bacterial disease Psa-V (Pseudomonas syringae pv. actinidiae), was the subject of illegal plantings in the past.

"The illegal plantings are more significant this year due to the release of a new variety and also the impact of Psa-V," he said.

Psa is a bacteria that can result in the death of kiwifruit vines if the degree of infection is severe enough. It carries no risks to human or animal health and does not affect plants other plants.

Psa is believed to be spread by weather events - mainly wind and rain - and plant material. It is also believed to be spread by footwear, vehicles and orchard tools.

"Many growers are facing desperate times and some have taken desperate measures. However, Zespri's position remains that it will enforce its intellectual property rights," said Mr Limmer.

Although growers wanted Zespri to take action against those who had exceeded their licences, many had mixed views regarding the growers' actions, given the effect of Psa-V on many orchards.

Zespri is to hold a series of grower meetings to discuss the release of new varieties and will make a decision in March on how to proceed with the process.