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New Zealand Steel Ltd v Minister of Commerce and Consumer Affairs - [2019] 2 NZLR 525


High Court Wellington
CIV 2017-485-714; [2018] NZHC 2454
7, 8, 9, 10, 11 May; (further memorandum 11 July); 18 September 2018
Mallon J
Trade and commerce — Investigations — Whether countervailing duties should be imposed on imported goods — Whether goods manufactured in China and exported to New Zealand caused material injury to domestic steel industry — Whether Chinese exporters received government or public body subsidies — Whether “public body” test properly interpreted — Whether Ministry of Business, Innovation and Employment placed proper reliance on overseas investigations — Whether Minister’s decision unlawful because of failure to take relevant considerations into account — “Subsidy” — “Foreign government” — World Trade Organisation Subsidies and Countervailing Measures Agreement, arts 1 and 12.
Judicial review — Ministerial decision — Whether Minister’s decision unlawful — Whether Minister failed to take into account relevant considerations — Whether expert’s affidavit evidence could be used.

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