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J & C Vaudrey Ltd v Canterbury Medical Officer of Health - [2017] 2 NZLR 334

$30.00

Court of Appeal Wellington
CA37/2016; [2016] NZCA 539
18 October; 16 November 2016
Harrison, Miller and Brown JJ
Sale of liquor — Off-licence — Application relating to supermarket premises — Requirement for decision-maker to have regard to certain considerations — Whether decision-maker could alter applicant’s proposed single alcohol area — Whether alternative means of imposing conditions to alter area or restrict it — Sale and Supply of Alcohol Act 2012, ss 112, 113, 115 and 117.
Local government — Decision making by District Licensing Committees — Application for off-licence relating to supermarket premises — Requirement for decision-maker to have regard to certain considerations — Whether decision-maker could alter applicant’s proposed single alcohol area — Whether alternative means of imposing conditions to alter area or restrict it — Whether matter on appeal could be referred back to original decision-maker — “Reverse” — Sale and Supply of Alcohol Act 2012, ss 112, 113, 115 and 117.
Statutes — Construction — Interpretation — Application for off-licence relating to supermarket premises — Requirement for decision-maker to have regard to certain considerations — Whether decision-maker could alter applicant’s proposed single alcohol area — Whether alternative means of imposing conditions to alter area or restrict it — Whether matter on appeal could be referred back to original decision-maker — “Reverse” — Sale and Supply of Alcohol Act 2012, ss 112, 113, 115 and 117.

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