1.6.2 Why do you need to know about case law?

Case law may be introduced in reports by agencies or in submissions by any of the parties. In making your decisions you will also have to consider relevant case law. You need to be familiar with the case law, understand how it is relevant to your role, and know how to apply it.

When you make a decision on matters that come before your district licensing committee (DLC), you must consider each case against the criteria set out in (ss 105 and 106) of the Act for new licences and (s 131) for renewals. Case law precedents will provide guidance about how to consider each of the criteria in the particular circumstances of your case where these are similar to the case at hand.

The application of case law supports consistency (and hence certainty) in decision making. By correctly applying case law, your decisions will be consistent with the decisions of higher decision-making bodies, and less likely to be overturned on appeal.

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The information contained in this online guide is intended as a general guide.
While reasonable measures have been taken to ensure that the information is current and accurate as at October 2019, the Health Promotion Agency cannot accept any liability for any inaccuracy, omission or deficiency in relation to the information. It is not legal advice and you should not rely on anything contained in this guide in any legal proceedings. The information provided does not replace or alter the laws of New Zealand, and you should consult the legislation and obtain your own legal and professional advice, as appropriate. The Health Promotion Agency will not accept liability for any action taken in reliance on anything contained in this online guide.