23 Mar 2010
AGRESEARCH LTD V G E FREE NZ IN FOOD AND THE ENVIRONMENT INCORPORATED AND ANOR CA CA380/2009
- Citation
- openlaw-43f8ecec_9e08_4250_aeb8_94392ee75bcb.pdf
- Court
- Court of Appeal
The Court allowed the appeal: ERMA's acceptance and registration of AgResearch's broadly framed s40 applications was essentially procedural/mechanical and not a conclusive vetting or approval; HSNO does not oblige ERMA to reject at the threshold every application that may be generically framed and it may use s52/s58 and s45 powers during assessment; judicial review of the mere act of registering the applications was premature, so the High Court orders quashing ERMA's acceptance were quashed and ERMA must be allowed to continue its assessment under s45.