30 Oct 2015
AUCKLAND MEDICAL OFFICER OF HEALTH v BIRTHCARE AUCKLAND LIMITED [2015] NZHC 2689
- Citation
- [2015] NZHC 2689
- Court
- High Court
The Authority and High Court held that although alcohol consumption during pregnancy poses unequivocal harm, the MOH did not establish a sufficient causal nexus between the published risks and the actual manner in which Birthcare operated its on-licence (very limited sales, controlled environment, health warnings and no evidence of harmful patient consumption), so renewal was properly granted; MOH has no onus to prove causation but the Authority may lawfully give the MOH evidence limited weight in the evaluative exercise.