The New Zealand Pork Industry Board v The Director-General of the Ministry of Agriculture and Forestry

[2013] NZSC 50

IN THE Supreme Court OF New Zealand

SC 36/2013

[2013] NZSC 50

BETWEENTHE NEW ZEALAND PORK INDUSTRY BOARD
Applicant

ANDTHE DIRECTOR-GENERAL OF THE MINISTRY OF AGRICULTURE AND FORESTRY
First Respondent

ANDTHE CHIEF TECHNICAL OFFICER AND BIOSECURITY NEW ZEALAND
Second Respondent

Court:Elias CJ, William Young and Chambers JJ

Counsel:F M R Cooke QC and J B Kaye for Applicant
C R Gwyn and K M Muller for Respondents

Judgment:15 May 2013

JUDGMENT OF THE COURT

AThe application for leave to appeal is granted.

BThe approved grounds of appeal are:

(a)whether the Court of Appeal’s interpretation of ss 22 and 22A of the Biosecurity Act 1993 was correct;

(b)whether the Director-General correctly applied the requirements of ss 22 and 22A following the report of the Independent Review Panel.

Solicitors:

Jonathan Kaye Law, Wellington for Applicant

Crown Law Office, Wellington for Respondent