Northland Environmental Protection Society Incorporated v The Chief Executive of the Ministry for Primary Industries, Comptroller of Customs and The Chief Executive of the Ministry for Culture and Heritage - SC 10/2018

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Summary

Civil Appeal – Whether the Court of Appeal erred in its interpretation of the Forests Act 1949 and the Protected Objects Act 1975

Result

A Leave to appeal is granted (Northland Environmental Protection Society Incorporated v Chief Executive of the Ministry for Primary Industries [2017] NZCA 607).
B The approved questions are:
(a) Was the Court of Appeal correct in its interpretation of “finished or manufactured indigenous timber product” and the effect of the export restrictions in s 67C of the Forests Act 1949?
(b) Was the Court of Appeal correct to hold that some or all swamp kauri is not a “protected New Zealand object” as defined in s 2(1) of the Protected Objects Act 1975?
19 April 2018
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A The appeal relating to the interpretation of the export restriction in s 67C(1)(b) of the Forests Act 1949 is allowed.
B The appeal relating to the Protected Objects Act 1975 is dismissed.
C Costs are reserved.
9 November 2018

Hearing Transcripts

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