WOOLWORTHS NEW ZEALAND LTD v ALCOHOL REGULATORY AND LICENSING AUTHORITY [2020] NZHC 293

WOOLWORTHS NEW ZEALAND LTD v ALCOHOL REGULATORY AND LICENSING AUTHORITY [2020] NZHC 293

The High Court held ARLA erred as a matter of law by failing to provide adequate reasons for upholding the region-wide reduction in off-licence trading hours and for upholding the temporary freeze and rebuttable presumption policies; those decisions are set aside and remitted to ARLA for redetermination. The Court further held that inclusion of mandatory local impacts reports in the PLAP and PLAP provisions requiring certain discretionary conditions to be imposed 'unless there is good reason not to' are ultra vires s77(1) of the Sale and Supply of Alcohol Act 2012 (therefore unlawful) and remitted those appeals to ARLA to reconsider consistent with the judgment. The precautionary...

Citation
[2020] NZHC 293
Parties
First Applicant: Woolworths New Zealand Limited; Second Applicant: Redwood Corporation Limited; Third Applicant: Foodstuffs North Island Limited; First Respondent: Alcohol Regulatory and Licensing Authority; Second Respondent: Auckland Council; Interested Party: Medical Officer of Health
Court
High Court
Jurisdiction
New Zealand
Judgment Date
27 February 2020
Procedural Posture
Judicial Review of Licensing Authority Decision Under the Judicial Review Procedure Act 2016 and Sale and Supply of Alcohol Act 2012 / Judgment Delivered
Outcome
ARLA decisions set aside in part and remitted to ARLA for reconsideration in accordance with High Court reasoning
Legal Topics
Provisional Local Alcohol Policy (plap), Ultra Vires Challenge, Precautionary Principle, Requirement to Give Reasons, Discretionary Licensing Conditions, Local Impacts Reports, Rebuttable Presumptions and Temporary Freeze, Trading Hours for Off Licences, Burden and Standard of Proof
Administrative Law Alcohol Regulation Local Government Law Statutory Interpretation Judicial Review Provisional Local Alcohol Policy (plap) Ultra Vires Challenge Precautionary Principle +6 more

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Parties

Woolworths New Zealand Limited

First Applicant

Redwood Corporation Limited

Second Applicant

Foodstuffs North Island Limited

Third Applicant

Alcohol Regulatory and Licensing Authority

First Respondent

Auckland Council

Second Respondent

Medical Officer of Health

Interested Party

Procedural Posture

Judicial Review of Licensing Authority Decision Under the Judicial Review Procedure Act 2016 and Sale and Supply of Alcohol Act 2012 / Judgment Delivered

Legal Issues

  1. 1 Whether ARLA misapplied or impermissibly relied on the precautionary principle
  2. 2 Whether ARLA failed to give adequate reasons for key findings (reduced trading hours; temporary freeze/rebuttable presumptions)
  3. 3 Whether local impacts reports as required by the PLAP are ultra vires s77 of the Sale and Supply of Alcohol Act 2012

Ratio Decidendi

The High Court held ARLA erred as a matter of law by failing to provide adequate reasons for upholding the region-wide reduction in off-licence trading hours and for upholding the temporary freeze and rebuttable presumption policies; those decisions are set aside and remitted to ARLA for redetermination. The Court further held that inclusion of mandatory local impacts reports in the PLAP and PLAP provisions requiring certain discretionary conditions to be imposed 'unless there is good reason not to' are ultra vires s77(1) of the Sale and Supply of Alcohol Act 2012 (therefore unlawful) and remitted those appeals to ARLA to reconsider consistent with the judgment. The precautionary...

Court Disposition

ARLA decisions set aside in part and remitted to ARLA for reconsideration in accordance with High Court reasoning

Orders

  • Decisions of ARLA dismissing the appeals of Woolworths New Zealand Limited and Foodstuffs North Island Limited against the reduced off-licence trading hours are set aside and remitted to ARLA for reconsideration
  • Decisions of ARLA dismissing the appeals of Woolworths New Zealand Limited and Foodstuffs North Island Limited against the temporary freeze and rebuttable presumptions are set aside and remitted to ARLA for reconsideration