28 Nov 2018
LOWER HUTT LIQUORMART LIMITED v SHADY LADY LIGHTING LIMITED [2018] NZHC 3100 [28 November 2018]
- Citation
- [2018] NZHC 3100
- Court
- High Court
The Authority did not err in law: on the evidence before it the locality was vulnerable, that vulnerability raised the threshold for suitability, the applicant had not engaged sufficiently with the local community, and granting the licence would likely reduce amenity and good order by more than a minor extent; there is no requirement to separately import the s 3 phrase "for the benefit of the community as a whole" into s 105, and licensing decision-making is an inquisitorial evaluative process where conventional onus and an elevated criminal standard are of limited relevance.