NZ Pork Industry Board v Director General

[2013] NZSC 58

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.

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