The National Beekeepers' Association of New Zealand v Chief Executive of Agriculture and Forestry no.2

[2008] NZCA 1

IN THE COURT OF APPEAL OF NEW ZEALAND

CA128/07
[2008] NZCA 1

BETWEENTHE NATIONAL BEEKEEPERS' ASSOCIATION OF NEW ZEALAND

Appellant

ANDTHE CHIEF EXECUTIVE OF THE MINISTRY OF AGRICULTURE AND FORESTRY

Respondent

Hearing:18 July 2007

Court:Hammond, Randerson and Chisholm JJ

Counsel:D J Boldt for Appellant

H S Hancock and R Iyer for Respondent

Judgment:8 February 2008 at 10 am

JUDGMENT OF THE COURT (NO. 2)

AThere will be an order quashing the Import Health Standard that was the subject of this proceeding (formally described as the Import Health Standard for the Importation into New Zealand of Specified Bee Products from Australia, dated 2 August 2006).

BThe interim order made by Simon France J pending disposition of this appeal is set aside.

REASONS OF THE COURT

(Given by Hammond J)

[1]       In our judgment of 4 December 2007 we directed at [D] that counsel file submissions as to the form of relief which should follow from that judgment.

[2]       Counsel have agreed, and we so direct, that there will be an order quashing the Import Health Standard that was the subject of this proceeding (formally described as the Import Health Standard for the Importation into New Zealand of Specified Bee Products from Australia, dated 2 August 2006), as sought in paragraph 33(a) of the amended statement of claim.

[3]       The interim order made by Simon France J pending the disposition of this appeal is set aside.

Solicitors:
Davys Burton, Rotorua for Appellant
Crown Law Office, Wellington