Alcohol: Local Control Or Endless Appeal? An Analysis Of Local Alcohol Policies In Aotearoa In Light Of Auckland Council V Woolworths And The Sale And Supply Of Alcohol (Harm Minimisation) Amendment Bill

Abstract

This paper discusses Local Alcohol Policies (LAPs), one decade since their promotion through the Sale and Supply of Alcohol Act 2012. It argues that although LAPs were envisioned as a way to allow local input on alcohol policies in communities, this process has been derailed by wealthy industry actors such as supermarkets. This is concluded through reference to previous literature, as well as in depth analysis of the case of Auckland Council v Woolworths [2021] NZCA 484. Why has legislation which sought to minimize alcohol-related harm instead invited years of litigation concerning what evidence is allowed? The paper then discusses potential reforms to LAPs, given the need for reform. Special consideration is given to the recently-introduced Supply of Alcohol (Harm Minimisation) Amendment Bill, which seeks to amend the appeals process. The paper concludes that this Bill would not sufficiently remove the risk of judicial review. It then considers the legislative framework in Ireland, England and Wales, and Australia, noting that upcoming discussion of the LAP framework should include consideration of the Western Australian model.