NATIONAL BEEKEEPERS' ASSOC V MAF CA CA128/07
The Court ordered that the Import Health Standard dated 2 August 2006 be quashed and that the interim order made by Simon France J pending disposition of the appeal be set aside; counsel agreed on that form of relief.
Source-derived case information.
- Citation
- openlaw-4f2af9b9_3b3d_449f_be90_74d3be564b27.pdf
- Parties
- Appellant: National Beekeepers' Association of New Zealand; Respondent: Chief Executive of the Ministry of Agriculture and Forestry
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 8 February 2008
- Procedural Posture
- Appeal / Orders on Relief Following Judgment
- Outcome
- Import Health Standard quashed; interim order set aside.
- Legal Topics
- Import Health Standard, Quashing Order, Interim Injunction, Judicial Review
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
National Beekeepers' Association of New Zealand
Appellant
Chief Executive of the Ministry of Agriculture and Forestry
Respondent
Procedural Posture
Appeal / Orders on Relief Following Judgment
Legal Issues
- 1 Whether the Import Health Standard for specified bee products from Australia was lawfully made and should be quashed
- 2 Whether the interim order made by the High Court should be continued or set aside
- 3 Form of relief appropriate following successful challenge to an administrative instrument
Ratio Decidendi
The Court ordered that the Import Health Standard dated 2 August 2006 be quashed and that the interim order made by Simon France J pending disposition of the appeal be set aside; counsel agreed on that form of relief.
Court Disposition
Import Health Standard quashed; interim order set aside.
Orders
- Quash the Import Health Standard for the Importation into New Zealand of Specified Bee Products from Australia dated 2 August 2006.
- Set aside the interim order made by Simon France J pending disposition of the appeal.
Full Case Text
Judgment text and source record
1 paragraphs
NATIONAL BEEKEEPERS' ASSOC V MAF CA CA128/07 8 February 2008IN THE COURT OF APPEAL OF NEW ZEALAND CA128/07 [2008] NZCA 1BETWEEN THE NATIONAL BEEKEEPERS' ASSOCIATION OF NEW ZEALAND Appellant AND THE 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 amJUDGMENT OF THE COURT (NO. 2) A 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). B The 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