13 May 2020
WOOLWORTHS, REDWOOD & ORS v ALCOHOL REGULATORY AND LICENSING AUTHORITY [2020] NZHC 971
- Citation
- [2020] NZHC 971
- Court
- High Court
ARLA erred in law by applying an evidential/legal burden of proof and the civil standard to appellants (including Redwood) on s 83 appeals; ARLA also failed to properly evaluate (and give reasons for) whether the City Centre definition and the 3am closing‑hour restriction for on‑licences outside the City Centre were unreasonable in light of the object of the SSA. The ARLA decision as to Redwood is set aside and remitted for rehearing by ARLA without imposing a burden of proof on the appellant and with reasons addressing the specified issues.