THE NEW ZEALAND PORK INDUSTRY BOARD v THE DIRECTOR-GENERAL OF THE MINISTRY OF AGRICULTURE AND FORESTRY HC WN CIV-2011-485-719
Because the Crown sought, and the applicant did not oppose, a narrowing clarification reflecting that the new import health standards affect processed pork, the court properly varied the interim injunction to insert the words 'consumer ready cuts of raw' before 'pork product' to confine the restraint to those goods...
Source-derived case information.
- Citation
- openlaw-28ebec25_4c7c_4738_ae7c_a15f136263d3.pdf
- Parties
- Applicant: The New Zealand Pork Industry Board; First Respondent: The Director-General of the Ministry of Agriculture and Forestry; Second Respondent: The Chief Technical Officer and Biosecurity New Zealand
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 25 May 2011
- Procedural Posture
- Judicial Review / Supplementary Interim Judgment (variation Application)
- Outcome
- Interim injunction dated 25 May 2011 varied to narrow scope to consumer-ready raw cuts
- Legal Topics
- Import Health Standards, Injunction, Variation of Interlocutory Order, Statutory Interpretation
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
The New Zealand Pork Industry Board
Applicant
The Director-General of the Ministry of Agriculture and Forestry
First Respondent
The Chief Technical Officer and Biosecurity New Zealand
Second Respondent
Procedural Posture
Judicial Review / Supplementary Interim Judgment (variation Application)
Legal Issues
- 1 Whether the interim injunction restraining imports should be varied to specify scope of 'pork product'
- 2 Whether the court should limit the order to consumer-ready raw cuts in light of widened import health standards for processed pork
- 3 Whether variation is appropriate where applicant does not oppose it
Ratio Decidendi
Because the Crown sought, and the applicant did not oppose, a narrowing clarification reflecting that the new import health standards affect processed pork, the court properly varied the interim injunction to insert the words 'consumer ready cuts of raw' before 'pork product' to confine the restraint to those goods and avoid overreach.
Court Disposition
Interim injunction dated 25 May 2011 varied to narrow scope to consumer-ready raw cuts
Orders
- The order made on 25 May 2011 is varied by inserting the words 'consumer ready cuts of raw' before the words 'pork product' in the third line of the order.
Full Case Text
Judgment text and source record
1 paragraphs
THE NEW ZEALAND PORK INDUSTRY BOARD v THE DIRECTOR-GENERAL OF THE MINISTRY OF AGRICULTURE AND FORESTRY HC WN CIV-2011-485-719 25 May 2011IN THE HIGH COURT OF NEW ZEALANDWELLINGTON REGISTRYCIV-2011-485-719IN THE MATTER OF an Application for Judicial Review underthe Judicature Amendment Act 1972 andPart 30 of the High Court RulesBETWEEN THE NEW ZEALAND PORK INDUSTRYBOARDApplicantAND THE DIRECTOR-GENERAL OF THEMINISTRY OF AGRICULTURE ANDFORESTRYFirst RespondentAND THE CHIEF TECHNICAL OFFICERAND BIOSECURITY NEW ZEALANDSecond RespondentHearing: 24 May 2011Counsel: F M R Cooke QC with J Kaye for ApplicantC R Gwyn with K M Muller and A Beck for RespondentsJudgment: 25 May 2011Reasons: 9 June 2011SUPPLEMENTARY INTERIMJUDGMENT OF THE HON JUSTICE KÓS[1] My interim judgment of 25 May 2011 made the following order:(a) The Ministry of Agriculture and Forestry, and any inspector acting on its behalf, is restrained from granting biosecurity clearances under ss 26-28 of the Biosecurity Act 1993 for any pork product that may now be imported as a result of the Director-General's decisionto 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 2011Import 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 2011Import Health Standard for Pig By-Products from Canada and/or the United States of America, MEBYPORIC.NAM dated 18 March 2011.[2] That judgment was in the same terms as an earlier order made on 16 May. However, for the avoidance of doubt I specified in my 25 May judgment that the order did not preclude imports that qualified for clearance under the previous 2001 standards.[3] No issue was taken after my 16 May judgment as to the terms of its order.[4] However, the Crown has now sought variation to the 25 May order seekingthat the words "consumer ready cuts of raw" be inserted before the words "pork product" in line three of the order. The reason is that it now appears the new import health standards have also widened the circumstances under which cured or processed pork can be imported. No challenge has been made by the applicant to that aspect of the new standards.[5] The applicant does not oppose the Crown's application.[6] I therefore vary the order made on 25 May 2011 by inserting the words"consumer ready cuts of raw" before the words "pork product" in the third line of theorder.[7] I do not need to deal now with other matters raised in the memoranda.Stephen Kós JSolicitors:Jonathan Kaye Law, Wellington for ApplicantCrown Law, Wellington for Respondents