New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Import health standard

Legal area

Court

8 Feb 2008

NATIONAL BEEKEEPERS' ASSOC V MAF CA CA128/07

Citation

openlaw-4f2af9b9_3b3d_449f_be90_74d3be564b27.pdf
Court

Court of Appeal

The Court ordered that the Import Health Standard dated 2 August 2006 be quashed and that the interim order made by Simon France J pending disposition of the appeal be set aside; counsel agreed on that form of relief.
4 Dec 2007

NATIONAL BEEKEEPERS' ASSOC V CEO MAF CA CA128/07

Citation

openlaw-f635272f_7a3f_4c2d_8000_adcd4811460a.pdf
Court

Court of Appeal

Where a 'new organism' as defined by HSNO is known to be, or inevitably will be, present in imported goods, importation requires both biosecurity clearance under the Biosecurity Act 1993 and prior approval under HSNO; s28(1) BSA and s25 HSNO must be read and applied to prevent bypassing the HSNO approval regime and to vest responsibility for approving new organisms in ERMA.