New Zealand Apple and Pear Marketing Board v Apple Fields Ltd - [1989] 3 NZLR 158

Commercial law — Commerce Act — Exceptions to Act — New Zealand Apple and Pear Marketing Board imposed on certain growers a levy which it was held would substantially lessen competition in the market and was illegal — Board argued that as it was specifically authorised by its statute to impose such a levy it was exempted from provisions of Commerce Act — Whether levy was illegal — Apple and Pear Marketing Act 1971, s 31 - Commerce Act 1986, s 43.

Practice and procedure — Appeals to Court of Appeal — Grounds of appeal — In Court of Appeal appellant relied on ground relating to jurisdiction and statutory interpretation which had not been raised in High Court — Whether appellant was entitled to rely on new ground.