16 Nov 2016
J & C VAUDREY LIMITED V CANTERBURY MEDICAL OFFICER OF HEALTH [2016] NZCA 539
- Citation
- [2016] NZCA 539
- Court
- Court of Appeal
The Court held that s113(1) requires the decision-maker to give genuine attention to the s112(1) purpose when describing a single alcohol area; the decision-maker may not unilaterally impose a single area outside the applicant's proposed perimeter if the application is granted on the papers, may describe a sub-area within the proposed perimeter if the applicant is given a proper opportunity to be heard, and cannot relocate the single area to a different location without consulting and obtaining the applicant's agreement; s117 cannot be used to alter the single-area condition imposed under s11…