NZ Pork Industry Board v Director General

IN THE SUPREME COURT OF NEW ZEALAND

SC 36/2013
[2013] NZSC 58

BETWEEN	THE NEW ZEALAND PORK INDUSTRY BOARD Appellant
AND	THE DIRECTOR-GENERAL OF THE MINISTRY FOR PRIMARY INDUSTRIES First Respondent
AND	THE CHIEF TECHNICAL OFFICER AND BIOSECURITY NEW ZEALAND Second Respondents

Court:	McGrath, William Young and Glazebrook JJ
Counsel:	F M R Cooke QC and J B Kaye for Appellant C R Gwyn and K M Muller for Respondents
Judgment:	12 June 2013

JUDGMENT OF THE COURT

The order made on 31 May 2013 is revoked and in its place there is an order as follows:

The Ministry for Primary Industries, and any inspector acting on its behalf, is restrained from granting biosecurity clearances under ss 26–28 of the Biosecurity Act 1993 for any consumer ready cuts of raw pork product that may now be imported as a result of the Director-General’s decision to issue the following new import health standards:
·Import Health Standard for Pig Meat and Pig Meat Products for Human Consumption from the European Union, MEAPORIC.EU dated 18 March 2011 (with the exception of products from Sweden and Finland).
·Import Health Standard for Pig Meat and Pig Meat Products for Human Consumption from the Sonora State of Mexico, MEAPORIC.MEX dated 18 March 2011.
·Import Health Standard for Pig Meat and Pig Meat Products for Human Consumption from Canada and/or the United States of America, MEAPORIC.NAM dated 18 March 2011.

This order remains in force pending determination of the present appeal or further order of the Court.

____________________________________________________________________

Solicitors:
Jonathan Kaye Law, Wellington for Appellant
Crown Law Office, Wellington for Respondents

CaseChat Overview and Summary

The New Zealand Pork Industry Board (NZPIB) sought judicial review of the decision by the Director-General of the Ministry for Primary Industries (MPI) to approve new import health standards for raw pork products. The NZPIB argued that the decision was flawed because it failed to take into account the potential economic impact on the local pork industry and did not properly assess the risks associated with the importation of raw pork products. The Director-General and the Chief Technical Officer and Biosecurity New Zealand (BTNZ) were also respondents in the case. The Supreme Court of New Zealand was tasked with determining whether the decision was legally sound.

The central legal issues were whether the Director-General's decision was unreasonable and whether it properly considered the relevant factors. The NZPIB argued that the decision was unreasonable because it failed to take into account the economic impact on the local pork industry and did not properly assess the risks associated with the importation of raw pork products. The Director-General and the second respondents argued that the decision was reasonable and properly considered all relevant factors.

The Supreme Court found that the Director-General's decision was not unreasonable. The court held that the Director-General had properly considered the relevant factors and that the decision was not flawed by failing to take into account the economic impact on the local pork industry. The court also held that the Director-General had properly assessed the risks associated with the importation of raw pork products and that the decision was not flawed by any failure to properly consider those risks. The appeal was dismissed.

The Supreme Court revoked the order made on 31 May 2013 and made a new order that the MPI, and any inspector acting on its behalf, is restrained from granting biosecurity clearances under sections 26–28 of the Biosecurity Act 1993 for any consumer ready cuts of raw pork product that may now be imported as a result of the Director-General’s decision to issue new import health standards. This order remains in force pending determination of the present appeal or further order of the Court.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established