Canberra to appeal NZ apple ruling

File photo / Supplied

The Australian Government will appeal a World Trade Organisation (WTO) ruling overnight that Australia is breaching international laws in restricting New Zealand's ability to export apples there.

The WTO rejected the long-standing claim by Australia that sending New Zealand fruit there risked the introduction of fire blight, European canker and apple leaf-curling midge.

It backed most of the New Zealand claims that prohibitive Australian quarantine measures breached WTO trade rules.

New Zealand industry representatives have been half expecting an appeal and that was confirmed this morning by Australian Agriculture Minister Tony Burke, AAP reported.

"We are disappointed that the WTO panel found that the import risk analysis underpinning Australia's requirements for New Zealand apples is not sufficiently supported by scientific evidence and also that the requirements are unduly trade-restrictive," Mr Burke said.

He said there were adequate grounds for appeal and existing measures would remain in place until there was an outcome.

Industry leaders in New Zealand, and Trade Minister Tim Groser, were pleased but cautious about the win today, but expected our apples could be on sale in Australia as soon as 2012.

Pipfruit New Zealand chief executive Peter Beaven said that would happen even if there was an appeal.

He said advice he received was that an appeal would cause some delays, and other than that, a process was needed to write the standard operating procedure or technical work plan under which exporters gained access.

Initial estimates were that about 500,000 cases of apples could go into Australia each year, yielding about $30 million, but it could also be significantly higher than that, Mr Beaven said.

Mr Groser said the WTO ruling had been 80 years in the making and was "hugely good news" for New Zealand in the long term.

- NZPA