THE High Court in Suva has dismissed an application by two kava-importing companies for leave to take judicial review challenging the Ministry of Health and Medical Services’ detention of an imported kava shipment from Papua New Guinea and an interim injunction against the ministry.
In a judgment delivered on September 28, Acting Justice Penijamini Lomaloma ruled that the judicial review application filed by Jays Holdings Pte Ltd and Jason Motors Pte Ltd was premature.
The companies imported 233 bags of dried kava roots and 97 bags of dried kava chips, weighing approximately 10 tonnes, in May this year.
The shipment was detained over suspected non-compliance with the Fiji Kava Standard 2017, pending laboratory testing and a decision by the Central Board of Health. The companies argued that the detention breached natural justice, was unreasonable and lacked adequate justification.
However, Justice Lomaloma found that the companies had initiated proceedings before the board reached its final decision. The court heard that laboratory testing subsequently cleared the kava roots for release but identified the chips as non-noble kava, resulting in their rejection.
Justice Lomaloma ruled that the board was legally justified in requiring imported kava to meet noble variety standards to protect public health. He also found that the requirement for testing at the University of the South Pacific’s Institute of Applied Sciences was justified.
The judge dismissed both the application for leave to seek judicial review and the application for injunctive orders.
The companies were ordered to pay $2000 in costs within 28 days.
