6 Mar 2012
LAUREN V ATTORNEY-GENERAL ON BEHALF OF CHIEF EXECUTIVE OF MINISTRY OF AGRICULTURE AND FORESTRY HC TIM CIV 2011-476-000507
- Citation
- openlaw-f62d5a92_4b45_4ca5_bb4a_da396b3dea72.pdf
- Court
- High Court
The appointment of Kevin Byrnes was substantively invalid because the delegation condition of direct accountability was breached; acts he purportedly carried out under s127 are therefore invalid and declarations to that effect should be made, but the invalidity alone did not establish unlawful entry or abuse of process warranting prohibition, stay or exclusion of prosecution—the District Court must assess admissibility, reasonableness and any consequential unfairness at trial; limited relief (declarations) is appropriate while prosecution may continue.