Mike Wicklum

The Director requested a pre-hearing conference to argue a motion for summary judgment to revoke two orders made in a previous Tribunal decision regarding the return of seized livestock medicines and personal items.

The Tribunal held that it does not have the statutory authority or inherent jurisdiction to grant summary judgment, as its Rules of Procedure do not contain a provision analogous to Rule 20 of the Rules of Civil Procedure.

The motion for summary judgment was denied, and the Tribunal issued procedural directions for the review hearing to proceed in writing.

The appellant, a retired veterinarian, appealed the revocation of his Class 1 Licence to sell livestock medicines and the seizure of his medicines.

The Tribunal found that the appellant had voluntarily resigned from the licensing system prior to the provisional suspension and revocation of his licence.

The Tribunal also found that the Ministry committed procedural errors by failing to issue a warning letter and failing to provide an opportunity for compliance before the hearing.

The Tribunal ordered the return of the seized medicines and personal items, and directed that the voluntary resignation not be considered negatively in any future licence application.