Auckland, New Zealand-based marketer and exporter Turners & Growers has filed a notice of appeal against a New Zealand High Court ruling that upheld the Zespri kiwifruit export monopoly.

Lawyers for Turners & Growers have lodged a notice of appeal with the Court of Appeal in Wellington, according to a Sept. 12 news release from the company.

While allowing that Zespri’s “loyalty” contracts with growers are designed to preserve its monopoly power after deregulation, the New Zealand High Court said in August that Turners & Growers could not show that Zespri had the purpose of substantially lessening competition in the market.

The High Court said Turners & Growers could not prove that the government would deregulate the industry, according to the release.

Jeff Wesley, Turners & Growers managing director, said in the release that the company’s legal team believes that the judgement by the High Court is in error and that the case should be taken to the Court of Appeal.

Turners & Growers chairman Rob Campbell said in the release that the decision to appeal reflects the continuing resolve of Turners & Growers “to get the right to export its own kiwifruit varieties from New Zealand and to service the growers who wish us to act for them as we do for growers of other produce.”