17 Feb 2015
PUB CHARITY INCORPORATED v THE SECRETARY OF INTERNAL AFFAIRS [2015] NZHC 195
- Citation
- [2015] NZHC 195
- Court
- High Court
The High Court dismissed the judicial review. It held that s16 of the Interpretation Act applied and permitted the Secretary to re-exercise the statutory power to notify a suspension date where circumstances (notably the lodging and withdrawal of an appeal) make that necessary; there was no legal obligation on the Secretary to re-open or reconsider the substantive penalty solely because he reset the date, and Pub Charity's unconditional withdrawal of its appeal meant the Secretary's reinstated one‑day suspension stood. The formal warning given for the same breach was wrongly issued on the bas…