23 Aug 2018
WAIMEA NURSERIES LIMITED v DIRECTOR-GENERAL FOR PRIMARY INDUSTRIES [2018] NZHC 2183
- Citation
- [2018] NZHC 2183
- Court
- High Court
The s116 seizure and destruction directions were unlawful because the Ministry did not establish that individual consignments were given biosecurity clearance following receipt of false, incomplete or misleading information about those particular goods, and most affected trees were propagated descendants or planted in the ground such that they fell outside s116's proper scope; accordingly s116 was the wrong statutory vehicle and the decisions were set aside.