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Waimea Nurseries Ltd v Director-General for Primary Industries - [2019] 2 NZLR 107

$30.00

High Court Wellington
CIV-2018-485-577; [2018] NZHC 2183
16, 17, 23 August 2018
Cooke J
Resource management — Biosecurity — Judicial review — Notice to seize and destroy trees — Importation of new plant material — Improperly obtained biosecurity clearance — Clearance based on unreliable information — Decision affecting trees imported over a six-year period — Whether trees “unauthorised goods” — Propagation of imported trees — Whether exercise of power unlawful — Many trees now established and planted — Whether “goods” — Unreasonableness — Relevance of alternative powers — New Zealand Bill of Rights Act 1990, s 21.
Judicial review — Unlawful decision — Biosecurity — Decision to seize and destroy trees — Importation of new plant material — Improperly obtained biosecurity clearance — Clearance based on unreliable information — Decision affecting trees imported over a six-year period — Whether trees “unauthorised goods” — Propagation of imported trees — Whether exercise of power unlawful — Many trees now established and planted — Whether “goods” — Unreasonableness — Alternative powers — Relief — New Zealand Bill of Rights Act 1990, s 21.

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