New Zealand Case Law: Decisions & Judgments

Topic

Cancellation of licence

Legal area

Court

1 Oct 2021

NEKITA ENTERPRISES LTD v CHRISTCHURCH CITY COUNCIL ALCOHOL LICENSING INSPECTOR and NEW ZEALAND POLICE [2021] NZHC 2598

Citation

[2021] NZHC 2598
Court

High Court

The Court refused the stay because on a preliminary assessment the applicants' prospects of success were low given the Authority's detailed factual and credibility findings, significant ongoing operational concerns persisted, and there was no independent evidence of serious financial hardship; on balance of convenience the public interest and risk of continued alcohol-related harm outweighed the applicants' commercial interests.
13 Sept 2017

DREVER v COMPLAINTS ASSESSMENT COMMITTEE 403 [2017] NZHC 2213

Citation

[2017] NZHC 2213
Court

High Court

The cancellation of Mr Drever's licence was appropriate because his repeated disciplinary findings and warnings, considered with his insufficient acceptance of responsibility and lack of demonstrated capacity to comply with basic regulatory obligations, established he was not a fit and proper person to hold a licence; new medical and personal evidence did not materially alter that fitness assessment.
18 Nov 2011

TE PUKE WHOLESALE LIQUOR LIMITED V MCGLONE HC TAU CIV 2011-470-726

Citation

openlaw-5894557d_00fd_47e1_8983_915f702d7a27.pdf
Court

High Court

The High Court held the Authority's cancellation was set aside because the police, as applicant, bore the onus to prove unsuitability and failed to present particulars or evidence beyond a single failed controlled purchase and references to a prior decision; appellants were denied natural justice by not being informed of the precise case to meet. The single failed controlled purchase warranted a short suspension (24 hours) of the licence; no additional penalty was imposed on the manager because his suspension already exceeded ordinary penalty ranges.
3 Apr 2009

TE AWAMUTU WINES & ANOR V GREENWOOD AND ANOR HC HAM CIV 2009-419-141

Citation

openlaw-c6c1df9e_2cf5_4646_91d9_ad80fd2a0773.pdf
Court

High Court

Given repeated and similar breaches (four controlled purchases within two years), prior enforcement action, evidence of systemic failure and inadequate supervision or staff training, the Authority was justified in cancelling the company's off-licence and refusing renewal of the manager's certificate as necessary to protect public welfare and achieve deterrence; the High Court upheld those conclusions but varied the deferred effective date to 15 May 2009.

New Zealand Case Law

NEKITA ENTERPRISES LTD v CHRISTCHURCH CITY COUNCIL ALCOHOL LICENSING INSPECTOR and NEW ZEALAND POLICE [2021] NZHC 2598

DREVER v COMPLAINTS ASSESSMENT COMMITTEE 403 [2017] NZHC 2213

TE PUKE WHOLESALE LIQUOR LIMITED V MCGLONE HC TAU CIV 2011-470-726

TE AWAMUTU WINES & ANOR V GREENWOOD AND ANOR HC HAM CIV 2009-419-141