15 Aug 2007
WOOL BOARD DISESTABLISHMENT COMPANY LIMITED V SAXMERE COMPANY LIMITED AND ORS CA CA288/05
- Citation
- openlaw-b65a0dcc_e0a9_4458_beb7_b2766787d6f0.pdf
- Court
- Court of Appeal
The Court held that Saxmere's promotional activities did not engage s6(6) because the Board had not determined that discrete promotion of Saxon or Saxmere wool constituted an element of its statutory functions; s6(6) only applies once the Board has decided a particular function/element is to be performed and then must consider alternatives. Accordingly the Board did not breach s6(6) in appointing Merino New Zealand, in capitalising MNZCL, or in declining Saxmere funding, and the High Court orders based on contrary findings were set aside.