Imported Motor Vehicle Industry Association Incorporated v Minister of Transport HC Wellington
COURT OR TRIBUNAL
High Court of New Zealand
DATE FILED (OR FIRST HEARING DATE)
01/12/2011
LITIGATION TYPE
Constitutional and Human Rights / State Accountability
SUBJECT MATTER
Statutory Duty
REVIEW TYPE
Judicial review
SUMMARY
(Extract from judgment)
[1] The Imported Motor Vehicle Industry Association Inc, which I will call the IMVIA,[1] seeks judicial review of emissions standards for used light petrol-powered motor vehicles imported into New Zealand.
[2] From 1 January 2012 such vehicles must have complied when manufactured with an emission standard known as Japan 05, or the equivalent standard in other jurisdictions, before they may be certified for use on New Zealand roads. This development is the third and final phase in the implementation of improved emission standards prescribed under the Land Transport Rule: Vehicle Exhaust Emissions 2007, which came into force in May 2008.
[3] The IMVIA asks the Court to order the Minister of Transport, whose predecessor made the Rule under delegated legislative authority, to review the Rule and its effects. Because the third phase requires no further executive action and will happen within weeks, Mr Jones QC realistically acknowledged that the third phase will take effect before such review is completed. It is not suggested that the Court may compel the Minister to change the Rule in the meantime.
[4] The IMVIA relies on an alleged promise made in 2008 by the then Associate Minister of Transport that the Rule would be reviewed within three years of its implementation. The promise is denied, and the Minister says that in any event the Rule has been reviewed. The IMVIAs rejoinder is that there has been no real review, for the Ministers mind was and is closed to the evidence.
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