25 May 2011
THE NEW ZEALAND PORK INDUSTRY BOARD v THE DIRECTOR-GENERAL OF THE MINISTRY OF AGRICULTURE AND FORESTRY HC WN CIV-2011-485-719
- Citation
- openlaw-01789218_66ec_4393_ac29_eae223314b05.pdf
- Court
- High Court
The court granted interim restraint because the Board demonstrated a good arguable case that (i) the Director-General delayed and improperly amalgamated the independent panel's findings with subsequent work contrary to s22A(3), (ii) reliance on advice from a CTO who had contributed to the challenged draft standard was arguable procedural impropriety, and (iii) a legitimate expectation of consultation on the decisive EpiX-Analytics report existed; coupled with genuine scientific dispute and rebuttal evidence, those factors made interim orders reasonably necessary to preserve the Board's positi…