New Zealand ACC accepts claim.this sets a precedent in new zealand.
Friday, 25 January 2008
Source: The christchurch Press.New Zealand
A brain-damaged (british migrant)Marlborough man has won his battle for compensation
for harm caused by wine industry herbicides.
Seddon motorcamp owner Pete Kiley has lived next to vineyards since buying
the camping ground near Blenheim in 1993.
Kiley, 60, filed a claim with the Accident Compensation Corporation (ACC) in
2005 over brain damage he believed was caused by chemicals blowing over the
fence from vineyards.
The ACC has approved his claim after a neuropsychologist confirmed Kiley had
dementia caused by exposure to agricultural chemicals.
Kiley's claim is one of a few involving long-term herbicide exposure approved
because of the difficulty in proving damage was from herbicides.
Kiley was thrilled about the ACC decision, which vindicated his claims of
I feel like I've been fighting for so long and nobody believed me," he said.
The sad thing is that I wish I was believed years ago and I wouldn't have
gotten so sick or lost my marriage and possibly my home over it."
Kiley said his marriage broke up several years ago as a result of his
sickness, as well as his determination to have his poisoning claim
One of his two teenage daughters also had health problems, which he
attributed to exposure to chemicals.
Kiley said he closed his business several years ago because of poor health,
and visitors were complaining about smelling chemicals at the holiday
An ACC spokesman confirmed Kiley's claim had been accepted, and the
corporation was now working through compensation details.
The ACC letter sent to Kiley approving his claim said it could "contribute
towards the cost of your medical treatment and other entitlements you may
Wellington lawyer and ACC expert John Miller said that as well as payment of
medical expenses, Kiley could be eligible for up to $100,000 in compensation for
the loss of some of his functions.
ACC-approved doctor Toni Marks, who assessed Kiley's health for the
government body, said in his report that it was likely Kiley suffered neurotoxic
brain damage from "agricultural chemicals present in vineyard sprays".
Kiley blamed the chemicals Paraquat and glyphosate-trimesium for his
Marks' report said that within months of Kiley buying the camping ground,
vineyards were planted around it and his family's health was affected.
Since then, Kiley's medical problems included a change in his gait, where he
missed steps, nausea, headaches, persistent tiredness and conjunctivitis, the
A neuropsychological assessment by another physician found Kiley had
impaired intellectual functioning", said the report
An ACC spokesman said it dealt with about 10 to 15 claims of agricultural
poisoning a year, of which about two were related to the wine industry.
New Zealand Winegrowers sustainable wine growing co-ordinator, Sally van der
Zijpp, said the industry was rapidly moving towards the use of less toxic
She said winegrowers signed up to the sustainable growing scheme - about 70
per cent of the total - were banned from using Paraquat because it was extremely
toxic to humans.
Roundup was still used by most winegrowers.
Article below,Authors name withheld for privacy reasons .
It doesn't surprise me to be honest. When I took chemistry papers we had a wine science section to our analytical chemistry... The extent of overpressing of grapes (thus extracting undesirables) which occurs in NZ and Australia due to trying to squeeze every last drop from each grape is frightening. The sulphite content, the fact that shipments have been sent back from Europe due to copper levels being too high after copper has been used as a clarifying agent also concerns me. Histamines are extracted from the grapes due to overpressing too making allergic reactions following consumption of wine more prevailent here than elsewhere too.
This is why I don't drink Kiwi wine.
March 17th, 2008, 07:16 AM
Seddon motor camp owners reply
THANKS for this information,very interesting,im also informed that New Zealand wine has an "allowable level of chemicals in every bottle"..Im very sad for the few ORGANIC VINEYARDS in new zealand one being SERESIN ESTATE WINE.so lets not tar them all with the same brush,and if a few can be organic,then why not the rest,and after all this is as promoted CLEAN AND GREEN NEW ZEALAND.Also PCE parliamentary commissioner for the environment phoned me this week asking what i wanted them to do for me and my family,i suggested that the St Clair vineyard be issued with an abatement notice stopping them spraying chemicals,and made to pay out compensation to me and my family.Also why didnt PCE do something about this issue years ago.
NB.In the mid 90s OSH recommended we put up warning signs on our camp sign and our backpackers caravans,warning tourists of the possibility of chemical spraydrift,noise and dust from the new vineyards.
We are about to lose our family home,due to battling this issue for so long..WHERES OUR JUSTICE,by not resolving this 12 year issue for our benefit,and therefore stealing/ruining our business when the Marlborough
District Council having seen all our tourists letters of complaints against the st-clair vineyard chemical spray drift and noise nuisance opened up there own motor camp in seddon (the awatere motor camp),they all knew of our problems with the new st clair vineyard chemical spray drift and poisoning,yet they openly went against me and my family.I demand our financial status back to where it was before emmigrating to New Zealand in 1992,my status then was owning three houses freehold in the UK.At todays prices i would need at least $1.8 million just to get back to where i was financially in 1991.My ex wife denise corden quit new zealand because of this issue,the trauma, physical and verbal abuse she recieved was horrendous,after being attacked and abused by several people on her own property,once by a local man she had to wear a neck brace for many years, also an attempt was made to kill her and my young daughters by a woman trying to run her over outside the local seddon school, police were called, i went to the school and my wife was shaking with fear in the principals office,the police never charged the woman with any offence !!. Another incident involved a vineyard worker throwing large stones onto her roof, he and his wife then came onto her property,she was shaking with fear as she phoned the police,3 police cars arrived,once again no charges were laid.
my then wife also owned her own home in the UK,she would need at least $540,000 to buy her home back at todays prices.
WHY DID WE HAVE TO FIGHT TO PROTECT OUR ENVIRONMENT FOR 12 YEARS ON OUR OWN,and sending us bankrupt in the process.
A MEAGRE ACC PAYOUT IS NO GOOD TO US
GROWSAFE The new zealand ( june1995) agrichemical users code of practiceCIVIL LIABILITY Anyone involved in the management of agrichemicals,whether through transport,storage,application or disposal,has a responsibility under common law to ensure that their actions do not cause injury to other people or to the environment.In this respect,negligence is defined as a breach of legal duty to take all reasonable care to prevent such injury.If negligence can be shown over any aspect of agrchemical management,it is probable that any individual,business,local government authority,or national government authority would be held responsible and therefore liable to claims for redress and/or compensation BUFFER ZONES The distance between the (downwind) edge of an area where agrichemicals are being applied,and an identified sensitive area.
HERBICIDE Any agrichemical that is specifically designed to control or eradicate unwanted plants.
INSECTICIDE Any agrichemical that is specifically designed to control,eradicate or interrupt the growth processes of insects.
CHEMICAL CLASSIFICATIONS 1 Deadly poison 2 Dangerous poison 3 Poison 4 Caution 5 Unscheduled.
Some of the CHEMICALS USED ON THE ST CLAIR VINEYARD and their classifications, Preeglone 2 Dangerous poison. karate 3 Poison..touchdown 3 Poison. buster 3 Poison.
NO BUFFER ZONES were put in place by the ST CLAIR VINEYARD opposite our home and our seddon motor camp business,the dominant and persistent norwest/winds ensure we get the full force of their vineyard chemical spraydrift, as noted by the marlborough district council environment officer garth condon.
as regards an identified sensitive area, I class my young daughters as an identified sensitive area,whose bedrooms are some 55 feet away from the st clair vineyard,(and their parents bedrooms the same distance away).Also i class the seddon motor camp (now closed) as an identified sensitive area. OSH,a NEW ZEALAND GOVERNMENT AGENCY recommended we put up warning signs to warn tourists of the possibility of chemical spray drift and noise nuisance from the st clair vineyard.The MDCouncil saw our tourists letters of complaints against the st clair vineyard,and did nothing to help us except to OPEN THEIR OWN MOTOR CAMP UP IN SEDDON (THE AWATERE MOTOR CAMP) WITHOUT RESOURCE CONSENTS,(human rights abuse against us).
REGARDING THE CHEMICAL KARATE many years ago a vineyard worker told me that if he owned the st clair vineyard he would put up the local residents in a motel/hotel for the times that they sprayed karate.
SUMMING UP.The past three New Zealand Prime Ministers have known about this issue for many years,they are GUILTY simply for ignoring it and doing nothing about it, I now call for the present New Zealand Prime Minister HELEN CLARK to RESIGN along with all her government ministers,several years ago her deputy MP michael cullen promised me in person that he would look into this issue and get back to me,he never had the decency to get back to me,so therefore hes a liar .Im also calling for the Marlborough District Council and their lawyer peter radich to resign and disband and employ people who will "act" for the public and not act "against' the public.And finally im calling for the resignation of the Nelson Marlborough Health Boards MEDICAL HEALTH OFFICER MARIE LEONARD,who walked out of her office refusing to talk with us,(she also owns a vineyard) years later she told me to quote "move on" get over it peter,get on with your life,quit fighting it all.unquote. Also im also calling for the resignation of alan campbell the public health officer who stated "the two business are NOT compatible side by side"(meaning our established (1980)seddon motor camp and the new st clair vineyard,campbell said he would put his statement in writing but never did,shame on him and shame on new zealand
my contact details are pete kiley 17 nursery lane seddon marlborough new zealand phone 03-5757778 mobile 0273188026 For more information google/yahoo search pete
THE NEW ZEALAND OMBUDSMAN
Im once again sending my reports to the New Zealand Ombudsman,and im using a lawyers words on this issue expressed in the may 18th 2000 report done by retired christchurch barrister john milligan Marlborough District Council report (page 9 paragraph 5) quote,A BETTER TERM WOULD PERHAPS BE A " BLATANT TREASON " BETRAYAL on one of its ratepayers.unquote.im now seeking compensation and the disbandment of the Marlborough District Council and the Nelson Marlborough Health Board.
My contact details are pete kiley 17 nursery lane seddon marlborough new zealand phone 03-5757778 mobile 0273188026 my contact details are pete kiley 17 nursery lane seddon marlborough new zealand phone 03-5757778 mobile 0273188026 For more information google/yahoo search pete kiley
NEW ZEALAND AN ENVIRONMENTAL SICK JOKE
Im making a complaint against the New Zealand ombudsman.they turned my case down many years ago, ive just sent them further proof,and the file again.