18 Sept 2018
NEW ZEALAND STEEL LIMITED v MINISTER OF COMMERCE AND CONSUMER AFFAIRS [2018] NZHC 2454
- Citation
- [2018] NZHC 2454
- Court
- High Court
The Minister's determination was unlawful because it was based on advice containing material legal and factual errors: MBIE misapplied the 'public body' test by relying on ADRP 2013 (Gal) in a way inconsistent with WTO Appellate Body authority, and MBIE materially mischaracterised and discounted overseas investigatory findings (many based on cooperation and verification or valid secondary sources) as mere 'adverse facts available' thereby failing to inform the Minister correctly; those errors materially affected the conclusions about subsidies and rendered the Minister's decision incapable of…