The positive electrode, a non-aqueous electrolyte battery and battery pack

The present invention relates to a cathode for use in a nonaqueous electrolyte battery, the positive electrode, be one having a positive electrode current collector and a positive electrode material layer, the positive electrode material layer is formed, the positive electrode material layer, the following ( 1) are those containing a cathode active material having a composition represented by the formula, and the positive electrode material layer, satisfies the condition represented by the following equation (2). (M is at least one element selected Mg, Al, Mn, Si, Ti, Zn, Zr, from the group consisting of Ca and Sn, x, a and b are 0.9 porosimetry of the positive electrode material layer, V1 is the pore volume obtained by the pore distribution measurement.)