THE NEW ZEALAND PORK INDUSTRY BOARD v THE DIRECTOR-GENERAL OF THE MINISTRY FOR PRIMARY INDUSTRIES [2013] NZSC 58
The Court determined that, on the material before it, an interim restraint was warranted to preserve the status quo and prevent potential biosecurity harm; accordingly it restrained the Ministry and its inspectors from granting biosecurity clearances under ss 26–28 for consumer ready cuts of raw pork covered by the...
Source-derived case information.
- Citation
- [2013] NZSC 58
- Parties
- Appellant: The New Zealand Pork Industry Board; First Respondent: The Director-General of the Ministry for Primary Industries; Second Respondent: The Chief Technical Officer and Biosecurity New Zealand
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 12 June 2013
- Procedural Posture
- Supreme Court Appeal / Interim Injunction Pending Appeal
- Outcome
- Order of 31 May 2013 revoked and replaced with an interim restraint preventing the Ministry from granting biosecurity clearances for specified consumer ready raw pork imports pending appeal
- Legal Topics
- Import Health Standards, Biosecurity Clearances, Interim Relief, Statutory Powers
Source-derived case record
Summary, issues, holding and outcome
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Parties
The New Zealand Pork Industry Board
Appellant
The Director-General of the Ministry for Primary Industries
First Respondent
The Chief Technical Officer and Biosecurity New Zealand
Second Respondent
Procedural Posture
Supreme Court Appeal / Interim Injunction Pending Appeal
Legal Issues
- 1 Whether the Ministry may grant biosecurity clearances under ss 26–28 of the Biosecurity Act 1993 for consumer ready cuts of raw pork under the challenged import health standards
- 2 Whether an interim restraint is justified to preserve the status quo and prevent potential biosecurity harm pending the appeal
- 3 Interpretation and application of the Director-General's powers under the Biosecurity Act 1993
Ratio Decidendi
The Court determined that, on the material before it, an interim restraint was warranted to preserve the status quo and prevent potential biosecurity harm; accordingly it restrained the Ministry and its inspectors from granting biosecurity clearances under ss 26–28 for consumer ready cuts of raw pork covered by the specified import health standards pending determination of the appeal.
Court Disposition
Order of 31 May 2013 revoked and replaced with an interim restraint preventing the Ministry from granting biosecurity clearances for specified consumer ready raw pork imports pending appeal
Orders
- The order made on 31 May 2013 is revoked.
- The Ministry for Primary Industries, and any inspector acting on its behalf, is restrained from granting biosecurity clearances under ss 26–28 of the Biosecurity Act 1993 for any consumer ready cuts of raw pork product that may now be imported as a result of the Director-General's decision to issue the following new...
Full Case Text
Judgment text and source record
1 paragraphs
THE NEW ZEALAND PORK INDUSTRY BOARD v THE DIRECTOR-GENERAL OF THE MINISTRY FOR PRIMARY INDUSTRIES [2013] NZSC 58 [12 June 2013]IN THE SUPREME COURT OF NEW ZEALANDSC 36/2013[2013] NZSC 58BETWEEN THE NEW ZEALAND PORKINDUSTRY BOARDAppellantAND THE DIRECTOR-GENERAL OF THEMINISTRY FOR PRIMARYINDUSTRIESFirst RespondentAND THE CHIEF TECHNICAL OFFICERAND BIOSECURITY NEW ZEALANDSecond RespondentsCourt: McGrath, William Young and Glazebrook JJCounsel: F M R Cooke QC and J B Kaye for AppellantC R Gwyn and K M Muller for RespondentsJudgment: 12 June 2013JUDGMENT OF THE COURTThe order made on 31 May 2013 is revoked and in its place there is an order as follows:The Ministry for Primary Industries, and any inspector acting on its behalf, is restrained from granting biosecurity clearances under ss 26–28 of the Biosecurity Act 1993 for any consumer ready cuts of raw pork product that may now be imported as a result of the Director-General'sdecision to 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 2011.Import 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 2011.This order remains in force pending determination of the present appeal or further order of the Court.____________________________________________________________________Solicitors:Jonathan Kaye Law, Wellington for AppellantCrown Law Office, Wellington for Respondents