Australia has fired a scathing 330-page attack at the World Trade Organisation against New Zealand's complaint over constraints on trans-Tasman imports of pipfruit.
Australia claims New Zealand does not understand science-based risk assessment, and uses irrelevant trade figures.
It has argued that New Zealand has not been clear enough about the Australian biosecurity measures that have raised concerns they may be non-tariff trade barriers.
The "lack of precision" had created considerable uncertainty about the case Australia has to answer, and impaired the preparation of Australia's defence, it said.
New Zealand's request for a WTO panel to hear its grievance over Australia's 86-year ban on NZ apple imports did not adequately identify the specific measures at issue, or provide a brief summary of the legal basis of the complaint.
Because of this "the panel should refrain from considering the substance of New Zealand's claims in this dispute", Australia said in a written submission.
"New Zealand has not made a case of undue delay in relation to any of the measures at issue," it said. "New Zealand's factual case is therefore irrelevant."
The formal New Zealand complaint alleges Australia effectively excluded NZ apples from the Australian market by delaying approval procedures for eight years.
"Australia adopted an approval process that was intertwined with a political process which resulted in Australia's market remaining effectively closed to NZ apples," the New Zealand submission said.
And New Zealand has also alleged a clear conflict in the inclusion of an apple grower on Australia's import risk analysis team.
Agriculture Minister Jim Anderton has said New Zealand's biosecurity system is independent of politics, but the Australian process is highly politicised.
"If we put growers on any sort of panel in Biosecurity New Zealand to judge their own case we'd be laughed out of court.
"Let the science tell us what's right or wrong."
In 2007 Biosecurity Australia ruled that New Zealand apples could enter Australia, but New Zealand argued that its protocols for allowing entry of NZ fruit were so strict they would act as a non-tariff trade barrier. Australian claims import restrictions are necessary to keep its orchards safe from pests and diseases, particularly fire blight.
Australian Trade Minister Simon Crean said Australia has lodged a "comprehensive rebuttal" in its submission to the WTO, and will defend its quarantine measures vigorously before the WTO dispute settlement panel, in early September.
The WTO is expected to report by June 2009.
