18 May 2018
THE MEDICAL OFFICER OF HEALTH (WELLINGTON REGION) v LION LIQUOR RETAIL LIMITED [2018] NZHC 1123
- Citation
- [2018] NZAR 882
- Court
- High Court
The Authority erred in law by requiring a high degree of direct causal proof and by treating renewals differently from initial applications; the correct approach is an evaluative risk-based assessment against the Act's object (s4) and renewal criteria (s131), permitting conditions where evidence reasonably implicates the premises in alcohol-related harm and minimisation is required; on the evidence the DLC's hours restriction was a lawful, principled response and the Authority's decision was set aside and the DLC decision restored.