Northland Environmental Protection Society Incorporated v Chief Executive of the Ministry for Primary Industries

[2018] NZSC 36

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

 SC 10/2018
 [2018] NZSC 36

BETWEEN	NORTHLAND ENVIRONMENTAL PROTECTION SOCIETY INCORPORATED Applicant
AND	CHIEF EXECUTIVE OF THE MINISTRY FOR PRIMARY INDUSTRIES First Respondent
AND	COMPTROLLER OF CUSTOMS Second Respondent
AND	CHIEF EXECUTIVE OF THE MINISTRY FOR CULTURE AND HERITAGE Third Respondent

Court:	Elias CJ, Glazebrook and Ellen France JJ
Counsel:	D M Salmon, D A C Bullock and H A T Bush for the Applicant J K Gorman and H T N Fong for the First and Second Respondents B R Arapere for the Third Respondent
Judgment:	19 April 2018

JUDGMENT OF THE COURT

ALeave to appeal is granted (Northland Environmental Protection Society Incorporated v Chief Executive of the Ministry for Primary Industries [2017] NZCA 607).

BThe approved questions are:

(a)Was the Court of Appeal correct in its interpretation of “finished or manufactured indigenous timber product” and the effect of the export restrictions in s 67C of the Forests Act 1949?

(b)Was the Court of Appeal correct to hold that some or all swamp kauri is not a “protected New Zealand object” as defined in s 2(1) of the Protected Objects Act 1975?

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Solicitors:
Lee Salmon Long, Auckland for Applicant
Crown Law Office, Wellington for Respondents