SpeechSALE AND SUPPLY OF ALCOHOL (COMMUNITY PARTICIPATION) AMENDMENT BILLFirst ReadingHon KIRITAPU ALLAN (Minister of Justice): I present a legislative statement on the Sale and Supply of Alcohol (Community Participation) Amendment Bill.ASSISTANT SPEAKER (Hon Jenny Salesa): That legislative statement is published under the authority of the House and can be found on the Parliament website.Hon KIRITAPU ALLAN: I move That the Sale and Supply of Alcohol (Community Participation) Amendment Bill be now read a first time. I nominate the Justice Committee to consider the bill.This bill responds to persistent issues with the Sale and Supply of Alcohol Act 2012 that have been identified across communities across New Zealand. When the Act was introduced it aimed to ensure the safe and responsible sale and consumption of alcohol. It also aimed to minimise alcohol-related harm. It is clear that the Act isn't working and it hasn't been effective to reduce harm. It has not given communities the voice that was envisaged when the Act came into force nearly 10 years ago.The bill makes targeted changes to the licensing process set out in the Act addressing three key issues. Firstly the bill makes changes to how local alcohol policies or LAPs are adopted and applied. It removes the ability for parties to appeal provisional LAPs to the Alcohol Regulatory and Licensing Authority whilst retaining the avenues for judicial review. It also enables district licensing committees to decline a licence renewal application if it would be inconsistent with the policies set out in the relevant LAP. And there are a few clear reasons for making these changes. When the Act was passed in 2012 councils were given the ability to develop their own LAPs in consultation with the communities that they represent so that the alcohol regulation would reflect the unique character and circumstances of their local area. For years now many LAPs have been held up in the appeals process costing ratepayers millions of dollars while delaying and sometimes preventing councils from adopting LAPs at all. As of May this year 86 percent of provisional LAPs have been appealed by supermarkets and 73 percent by bottle stores. Meanwhile nearly two-thirds of New Zealand's population live in a council area that has not yet adopted an LAP. And so it is very clear to us that this balance needs to change. These changes to how LAPs are adopted and applied will minimise the barriers to adopting LAPs and ensure that they are more effective once they are in force better serving as a tool for communities to reduce alcohol harm in their area.Secondly the bill will remove existing barriers to community participation in alcohol licensing decisions. It will allow anyone to object to a licence or renewal application. This will also make the process more accessible. To support this we are also making changes to ensure licensing committees and the licensing authority have a range of measures available to effectively manage objections and appearances at licensing hearings. The current law allows people to object if they have greater interest than the public generally. However only a small number of those who want to object to an application actually get the chance to do so because the law has been constructed and interpreted so narrowly. For instance those who want to object on behalf of organisations or groups that have an interest in alcohol harm reduction may only be able to object in their personal capacity if at all. I've heard of school principals addiction clinicians and iwi that have not been able to object to applications on behalf of the communities that they serve. Only a fraction of applications for alcohol licences are refused. This demonstrates that communities are struggling to impact these local alcohol licensing decisions. In the last five years across our three largest cities nearly 7000 alcohol licence applications were granted with only 22 being declined. By allowing anyone to object whether as an individual or representing a group or an organisation the bill removes another barrier that stands in the way of community engagement and involvement. Thirdly the bill will change how district licensing committee hearings are conducted so that they are more accessible—they are fairer for participants. I've heard that these hearings are often legalistic and adversarial. The current process is incredibly formal with some participants saying they felt intimidated and harassed while under cross-examination by incredibly experienced lawyers representing the interests of well-resourced parties. This bill will require licensing committees to set up procedures so that hearings are run without any unnecessary formality. The bill removes cross-examination and does not permit those who appear at hearings to question other parties or witnesses of other parties. We will also make changes that enable licensing committees to hold hearings remotely increasing the accessibility for participants who will now be able to join proceedings by phone video link or other remote-access facilities. It was always envisaged that people would have the opportunity to be heard when it came to how alcohol is sold locally. I've heard loud and clear that this part of the Act just simply is not working. By making these targeted and much-needed changes this bill addresses three key issues that have been identified across Aotearoa particularly those that are battling the devastating effects of alcohol-related harm. Our intention with this reform is to correct the balance of opportunity in the alcohol licensing process. This bill will enable communities to better participate in licensing decision-making in ways that they know work best for them. It will boost their influence to reduce alcohol harm in their local areas and it's the first step in bringing power back to the people where it belongs. I commend this bill to the House.