The New Zealand Pork Industry Board v The Director-General of the Ministry of Agriculture and Forestry and another. - SC 36/2013

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