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Regulatory
Committee
10 August 2017
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High Court
time extension to appeal the Provisional Local Alcohol Policy
File No.: CP2017/15885
Purpose
1. To
seek approval to the High Court seeking an extension of time to bring an appeal
against the Alcohol Licensing and Regularity Authority local alcohol policy
decision.
Executive
summary
2. In
May 2015, Auckland Council adopted its Provisional Local Alcohol Policy
(Alcohol Policy). Eight appeals were lodged against elements of the Alcohol
Policy.
3. The
Alcohol Regulatory and Licensing Authority (Authority) have heard the appeals
and the decision was released on 19 July 2017.
4. The
Authority has directed the council to reconsider a few elements which were
found to be unreasonable.
5. Where
the Authority has directed the council to reconsider an element of the Alcohol
Policy, one of the options available to the council is to appeal part or all of
the Authority’s findings to the High Court.
6. Staff
are preparing a report for the Regulatory Committee meeting on 14 September
2017 on the decision and the elements to be reconsidered. As part of the
report, staff are obtaining legal advice on the possible merits and grounds of
an appeal to the High Court of the Authority’s decision.
7. Legal
advice obtained is that an appeal to the High Court would need to be lodged
within 20 working days of the date of receiving the decision. The final
date for an appeal to be lodged with the High Court is 16 August 2017. This is
before the date when staff will report to the Regulatory Committee.
8. An
extension to the timeframe to bring an appeal can be sought from the High
Court. Staff recommend that an extension be sought to a date at least 14 days
after the committee has considered the full report on 14 September 2017.
9. In
recommending that the council apply for an extension of
time, staff have considered:
· there
is insufficient time for staff to complete a full report to the Regulatory
Committee ahead of the 16 August 2017 date
· the
potential loss of opportunity to bring an appeal
against the Authority’s decision if an extension is not granted.
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Recommendation/s
That the Regulatory Committee:
a) direct
that an application is made to the High Court seeking an extension of time to
bring an appeal against the decision of the Alcohol Regulatory and Licensing
Authority to a date at least 14 days after the Regulatory Committee meets on
14 September 2017.
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Attachments
There are no attachments for
this report.
Signatories
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Author
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Nadine Hopkins - Policy Analyst
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Authorisers
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Kataraina Maki - GM - Community & Social Policy
Grant Barnes - General Manager Licensing and
Compliance Services
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