The respondent Director brought a motion to dismiss appeals from regulatory decisions classifying a dairy farm as Non-Grade A Levels 1, 2 and 3.
The appellant did not dispute the factual inspection findings, but sought relief from unannounced inspections and argued it was unreasonable to expect continuous Grade A compliance in an older facility.
The Tribunal held there was no legal basis to require notice before inspections and that the appeal was plainly incapable of success.
The motion was granted and the appeals were dismissed under s. 16(4)(b) of the Ministry of Agriculture, Food and Rural Affairs Act as frivolous or vexatious or not made in good faith.
