20 Dec 2019
RAINGER v GENERAL DISTRIBUTORS LIMITED [2019] NZHC 3483
- Citation
- [2019] NZHC 3483
- Court
- High Court
The High Court held that (1) where an objector advances a reasonably practicable alternative SAA the decision-maker must consider and compare that alternative with the applicant's proposal in assessing whether the proposed SAA limits shopper exposure 'so far as is reasonably practicable'; (2) the likely manner of display within the SAA, including end-of-aisle displays, can be relevant to that assessment; and (3) the Authority erred by failing to form its own independent view on the merits on appeal and must reconsider the application in light of these principles.