NZ Pork Industry Board v Director General

[2013] NZSC 53

IN THE SUPREME COURT OF NEW ZEALAND

SC 36/2013
[2013] NZSC 53

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

Court:	Elias CJ, McGrath, William Young and Glazebrook JJ
Counsel:	F M R Cooke QC and J B Kaye for Applicant C R Gwyn and K M Muller for Respondents
Judgment:	31 May 2013

JUDGMENT OF THE COURT GRANTING INTERIM RELIEF

Pending the determination of the appeal or sooner order of the Court, nothing is to be done by the Director-General in reliance on the health standards in issue.
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REASONS

There is scope for argument as to the relevant status quo (given that the last interim order lapsed in early April).  As well, the appeal rights of the appellant would not be rendered nugatory by a refusal of the order.  Nonetheless, it can be said that the making of the order is necessary to preserve the position of the appellant (which is that pending further statutory processes, pork from countries affected by PRRS should not be imported).  Given this, and allowing for the imminence of the fixture and the fact that pork products have not yet been imported into New Zealand pursuant to the disputed import health standards, we consider it appropriate to make the order sought.

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