The New Zealand Pork Industry Board v The Director-General of the Ministry of Agriculture and Forestry and another. - SC 36/2013
Summary
Civil Appeal – Judicial Review – Biosecurity Act 1993, s 22A – Whether the Court of Appeal erred in holding that the applicant’ s challenge was rightly dismissed – Whether the Court of Appeal erred in interpreting s 22A so that the decision of the Director-General under s 22A(3) did not involve determining issues in dispute between the party seeking the s 22A review and the Ministry – Whether the Court of Appeal erred in interpreting s 22A so that none of the issues concerning the adequacy of the Ministry’s consideration of the scientific evidence subject to the Terms of Reference for the Independent Review Panel established under s 22A were an “issue in dispute” under s 22A(3) – Whether the Court of Appeal erred in finding that the Ministry had wrongly understood that a determination under s 22A(3) was in fact necessary, as an earlier decision by the previous Director-General to conduct further work following the Panel’s report was sufficient to meet the requirements of s 22A(3). [2013] NZCA 65 CA 282/2012
Result
The application for leave to appeal is granted.
The approved grounds of appeal are:
(a) whether the Court of Appeal’ s interpretation of ss 22 and 22A of the Biosecurity Act 1993 was correct;
(b) whether the Director-General correctly applied the requirements of ss 22 and 22A following the report of the Independent Review Panel.
15 May 2013
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The appeal is dismissed.
The appellant is to pay costs of $25,000 to the first and second respondents collectively, plus reasonable disbursements as fixed by the Registrar.
20 December 2013
Additional Information
Elias CJ, McGrath, William Young, Glazebrook, Arnold JJ.