27 Feb 2020
WOOLWORTHS NEW ZEALAND LTD v ALCOHOL REGULATORY AND LICENSING AUTHORITY [2020] NZHC 293
- Citation
- [2020] NZHC 293
- Court
- High Court
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 rem…