Sale and Supply of Alcohol Act 2012

1: Title
This Act is the Sale and Supply of Alcohol Act 2012.
2: Commencement
1: Sections 3 4 102 103 105 106 128 129 131 132 140 to 142 304 363 408 418(2)
2: Sections 8 to 58 59 60 to 74 80 to 101 104 107 to 127 130 133 to 139 143 to 168 186 to 303 305 to 362 364 to 396 409 to 411 413 to 417 418(3)
3: Section 59(3) and (4)
a: a date appointed by the Governor-General by Order in Council:
b: the day 2 years after the date on which this Act receives the Royal assent.
4: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary matters
3: Purpose
1: The purpose of Parts 1 to 3
a: to put in place a new system of control over the sale and supply of alcohol, with the characteristics stated in subsection (2); and
b: to reform more generally the law relating to the sale, supply, and consumption of alcohol so that its effect and administration help to achieve the object of this Act.
2: The characteristics of the new system are that—
a: it is reasonable; and
b: its administration helps to achieve the object of this Act.
4: Object
1: The object of this Act is that—
a: the sale, supply, and consumption of alcohol should be undertaken safely and responsibly; and
b: the harm caused by the excessive or inappropriate consumption of alcohol should be minimised.
2: For the purposes of subsection (1), the harm caused by the excessive or inappropriate consumption of alcohol includes—
a: any crime, damage, death, disease, disorderly behaviour, illness, or injury, directly or indirectly caused, or directly or indirectly contributed to, by the excessive or inappropriate consumption of alcohol; and
b: any harm to society generally or the community, directly or indirectly caused, or directly or indirectly contributed to, by any crime, damage, death, disease, disorderly behaviour, illness, or injury of a kind described in paragraph (a).
5: Interpretation
1: In this Act, unless the context otherwise requires,— airport bar
a: are within or attached to an airport; and
b: are used or intended to be used in the course of business principally for selling or supplying alcohol to air travellers arriving at or departing from the airport alcohol
a: that—
i: is or contains a fermented, distilled, or spirituous liquor; and
ii: at 20°C is found on analysis to contain 1.15% or more ethanol by volume; or
b: that—
i: is a frozen liquid, or a mixture of a frozen liquid and another substance or substances; and
ii: is alcohol (within the meaning of paragraph (a)) when completely thawed to 20°C; or
c: that, whatever its form, is found on analysis to contain 1.15% or more ethanol by weight in a form that can be assimilated by people alcohol area alcohol-inclusive matter
a: entry into any premises where alcohol is or is to be supplied free:
b: participation in or presence at or during any event, activity, or function held or to be held on any premises where alcohol is or is to be supplied free:
c: carriage on, or participation in or presence at or during any event, activity, or function held or to be held on, a conveyance where alcohol is or is to be supplied free alcohol-related harm
a: means the harm caused by the excessive or inappropriate consumption of alcohol; and
b: includes—
i: any crime, damage, death, disease, disorderly behaviour, illness, or injury, directly or indirectly caused, or directly or indirectly contributed to, by the excessive or inappropriate consumption of alcohol; and
ii: any harm to society generally or the community, directly or indirectly caused, or directly or indirectly contributed to, by any crime, damage, death, disease, disorderly behaviour, illness, or injury of a kind described in subparagraph (i) amenity and good order of the locality any relevant local alcohol policy approved evidence of age document
a: means a document of a kind approved by regulations made under this Act for the purposes of this definition; and
b: in relation to a person, means an evidence of age document relating to the person approved evidence of age system using an approved evidence of age system in the approved manner banned alcohol product
a: declared by regulations made under this Act to be a banned product; or
b: of a kind declared by regulations made under this Act to be banned products bar building code section 7 chief executive club
a: is a body corporate having as its object (or as one of its objects) participating in or promoting a sport or other recreational activity, otherwise than for gain; or
b: is a body corporate whose object is not (or none of whose objects is) gain; or
c: holds permanent club charter community trust
a: established under section 357 section 219G
b: resulting from the amalgamation of 2 or more community trusts under section 385 section 219Z company
a: registered under Part 2 18 19
b: reregistered under that Act in accordance with the Companies Reregistration Act 1993 condition
a: an area to which minors must not be admitted; or
b: an area to which minors must not be admitted unless accompanied by a parent or guardian conveyance
a: means an aircraft, coach, ferry, hovercraft, ship, train, or other vehicle, used to transport people; and
b: includes part of a conveyance deliver distil district section 5(1) elector section 5(1) electoral officer section 5(1) event exempt person
a: means a person who—
i: is the licensee; or
ii: is the licensee's spouse, civil union partner, or de facto partner; or
iii: is a manager; or
iv: is a manager's spouse, civil union partner, or de facto partner; or
v: is a member of the immediate family of the licensee or a manager; or
vi: during the hours he or she is employed to work on the premises, and for 60 minutes after those hours have ended, is an employee of the licensee who does not live on the premises; or
vii: is an agent of the licensee, or acting under a contract with the licensee or a manager, and has the authority of the licensee or a manager to enter the premises at that time—
A: to clean, repair, or restock the premises (or any equipment in them); or
B: to check or remove cash; or
viii: is a person who has the authority of the licensee or a manager to enter the premises to remove equipment (for example, band equipment); or
ix: is an employee of the licensee who lives on the premises; or
x: is a person who—
A: lives or lodges in the building in which licensed premises are situated; and
B: is a tenant, lodger, or employee of the licensee; or
xi: is a genuine guest of a person who—
A: is a person of a kind described in subparagraph (x); and
B: is on the premises; and
b: at any particular time, includes a person who,—
i: at that time, is authorised by an enactment other than this Act to enter the premises; or
ii: enters the premises to deal with an emergency occurring at that time former licensing Act
a: that is the Sale of Liquor Act 1989
b: that was repealed by a former licensing Act freely available to customers
a: supplied free in clean drinking vessels on request; or
b: available free in larger containers from which it may easily be poured or drawn by customers, together with clean drinking vessels that are also available free nearby; or
c: available free from a tap to which customers have easy access, together with clean drinking vessels that are also available free nearby generally accepted accounting practice section 8 grocery store section 33(1) guardian section 246 hotel
a: lodging; and
b: alcohol, meals, and refreshments for consumption on the premises ingredient inspector section 197(1)
a: in relation to premises that are not a conveyance, means an inspector appointed by the chief executive of the territorial authority in whose district the premises are situated; and
b: in relation to a conveyance, means an inspector appointed by the chief executive of the territorial authority in whose district the principal place of business in New Zealand of the applicant or licensee (as the case may be) is situated intoxicated
a: appearance is affected:
b: behaviour is impaired:
c: co-ordination is impaired:
d: speech is impaired licence
a: means a licence issued under this Act that is in force; and
b: in relation to any licensed premises, means the licence issued for them (or, in the case of premises that 2 or more licences have been issued for, any of those licences) licensed premises licensee
a: means a person who holds a licence; and
b: in relation to any licensed premises, means the person who holds the licence concerned licensee's alcohol licensing authority section 169(1) licensing committee
a: means a licensing committee appointed under section 186
b: in relation to any premises, or any application relating to any premises, means the licensing committee for the district in which the premises are situated; and
c: in relation to a licence or manager's certificate, means the licensing committee that issued it licensing trust section 300(1) liqueur local alcohol policy
a: means a policy, in force under section 90
b: in relation to a territorial authority, means a policy, in force under section 90 manager
a: means a manager of licensed premises appointed under this Act; and
b: in relation to any licensed premises, means a manager of those premises Medical Officer of Health section 2(1) member Part 3 Minister minor objector
a: means a person who has filed an objection under this Act; and
b: in relation to an application made under this Act, means a person who has filed an objection to it under this Act one-way door restriction
a: no person is to be admitted (or re-admitted) into the premises unless he or she is an exempt person; and
b: no person who has been admitted (or re-admitted) into the premises while the restriction applies to the licence is to be sold or supplied with alcohol permanent club charter section 260(3) permitted trading hours
a: while a special licence applies to the premises, means the hours stated in the licence; and
b: in any other case, means the trading hours permitted for the premises that are stated in section 44 45 ; and
c: in the case of an RNZRSA club to which section 47A Police premises
a: includes a conveyance; and
b: includes part of any premises; and
c: in relation to a licence, means the premises it was issued for principal business principal entrance product public notice purchase age remote sale
a: has been entered into (using the Internet, by telephone or mail order, or in any other way) between—
i: a seller who holds an off-licence; and
ii: a person (whether the buyer or a person acting on the buyer's behalf) who is at a distance from the premises where the seller entered into the contract; and
b: contains a term providing for the alcohol to be delivered to the buyer (or to a person or place nominated by the buyer) by or on behalf of the seller restaurant
a: are not a conveyance; and
b: are used or intended to be used in the course of business principally for supplying meals to the public for eating on the premises restricted alcohol product
a: declared by regulations made under this Act to be a restricted product; or
b: of a kind declared by regulations made under this Act to be restricted products restricted area
a: means an area that is designated (under section 119
b: in relation to any licensed premises or the licensee or a manager of any licensed premises, means an area of those premises that is designated (under this Act or a former licensing Act) as an area to which minors must not be admitted RNZRSA Incorporated Societies Act 1908 Charities Act 2005 RNZRSA club secretary sell
a: charge a fee (however described, and whether an entry fee, a ticket price, or a payment of any other kind) for an alcohol-inclusive matter; and
b: require, ask for, or (expressly or by implication) suggest the making of a koha or other donation (whether to be made before, after, or during the entry event, activity, or function concerned) in relation to an alcohol-inclusive matter single-area condition section 112(2) special consultative procedure section 5(1) spirit supervised area
a: means an area that is designated (under section 119
b: in relation to any licensed premises or the licensee or a manager of any licensed premises, means an area of those premises that is designated (under this Act or a former licensing Act) as an area to which minors must not be admitted unless accompanied by a parent or guardian tavern
a: means premises used or intended to be used in the course of business principally for providing alcohol and other refreshments to the public; but
b: does not include an airport bar temporary authority territorial authority
a: has the meaning given by section 5(1)
b: in relation to any premises, means the territorial authority within whose district the premises are situated verified the customer's age wine section 58(3) section 58(3) working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
b: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
c: a day in the period commencing on 20 December in any year and ending with 15 January in the following year.
2: Any term or expression that is defined in the Local Electoral Act 2001 sections 300 to 396 1989 No 63 s 2 Section 5(1) approved financial reporting standard repealed 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 5(1) fire service repealed 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 5(1) generally accepted accounting practice replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 5(1) permitted trading hours amended 14 April 2016 section 4(2) Sale and Supply of Alcohol (Anzac Day Trading Hours for Licensed RNZRSA Clubs) Amendment Act 2016 Section 5(1) permitted trading hours inserted 14 April 2016 section 4(2) Sale and Supply of Alcohol (Anzac Day Trading Hours for Licensed RNZRSA Clubs) Amendment Act 2016 Section 5(1) RNZRSA inserted 14 April 2016 section 4(1) Sale and Supply of Alcohol (Anzac Day Trading Hours for Licensed RNZRSA Clubs) Amendment Act 2016 Section 5(1) RNZRSA club inserted 14 April 2016 section 4(1) Sale and Supply of Alcohol (Anzac Day Trading Hours for Licensed RNZRSA Clubs) Amendment Act 2016 Section 5(1) working day replaced 13 December 2016 section 4 Sale and Supply of Alcohol (Display of Low-alcohol Beverages and Other Remedial Matters) Amendment Act 2016 Section 5(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022
5A: Status of examples
An example provided in this Act of the operation of a provision of an enactment—
a: does not limit the provision; and
b: may extend the operation of the provision. Section 5A inserted 1 September 2015 section 7 Sale and Supply of Alcohol (Rugby World Cup 2015 Extended Trading Hours) Amendment Act 2015
6: Use of electronic records
1: To the extent that this Act makes provision to the effect that any person must or may record, register, or make or keep a record or register of, any information or matter, the person may instead record the information or matter electronically; and this Act must be interpreted accordingly.
2: Subsection (1) does not limit or affect any obligation under this Act to display a notice or sign.
7: Act binds the Crown
This Act binds the Crown.
2: Sale and supply of alcohol generally
1: Licensing generally, requirements on licensees, and conditions
Exemptions
8: Certain sales by makers, importers, distributors, and wholesalers exempted
Nothing in this Act applies to the sale or supply of alcohol by a person, in the course of the person's business as a maker, importer, distributor, or wholesaler of alcohol, to—
a: a person in business as a maker, importer, distributor, or wholesaler of alcohol; or
b: the holder of a licence; or
c: the holder of a permanent club charter. 1989 No 63 s 5(2)
9: Exemption for certain alcohol not intended for drinking
1: Nothing in this Act applies to—
a: the sale or supply as a perfume of spirituous or distilled alcohol; or
b: the sale or supply of alcohol by a pharmacist for medicinal purposes; or
c: the sale or supply of alcohol to a pharmacist for the purpose of sale or supply for medicinal purposes by the pharmacist; or
d: the sale or supply of a product intended to be eaten, and containing alcohol in such a quantity that the product is unlikely to cause intoxication, even if consumed in large quantities; or
e: the sale or supply of alcohol that has been made unsuitable to drink, or a product containing alcohol that has been made unsuitable to drink; or
f: the sale or supply of a product that—
i: contains alcohol; but
ii: is unsuitable to drink or eat.
2: In subsection (1), pharmacist section 114(5) 1989 No 63 s 5(3)
10: Certain messes and canteens exempted, but codes of practice required instead
1: Nothing in this Act applies to the sale, supply, or keeping for sale or supply, of alcohol in—
a: a canteen or mess, or any other place in a naval ship or defence area (within the meaning of section 2(1) Defence Act 1990
b: an amenity set up and conducted by the Armed Forces Canteen Council constituted by section 3(1)
c: a police canteen established with the authority of the Commissioner of Police:
d: a canteen established with the authority of Fire and Emergency New Zealand
2: The competent authority must put in place and (so far as is reasonably practicable) ensure that there is implemented on premises of a kind described in subsection (1) a code of practice, following as closely as is reasonably possible the requirements of this Act relating to the sale, supply, or keeping for sale or supply, of alcohol on premises for which a club licence is held.
3: For the purposes of subsection (2), the competent authority
a: for a canteen or mess, or any other place in a naval ship or defence area (within the meaning of section 2(1) Defence Act 1990
b: for an amenity set up and conducted by the Armed Forces Canteen Council constituted by section 3(1)
c: for a police canteen established with the authority of the Commissioner of Police, means the Commissioner of Police:
d: for a canteen established with the authority of the board of Fire and Emergency New Zealand, means that board 1989 No 63 s 5(3) Section 10(1)﻿(d) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 10(3)﻿(d) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017
11: Authorised sales of alcohol at international airports exempted
This Act is subject to section 96
12: Homestays exempted
1: This subsection applies to an individual person who—
a: occupies premises that are used exclusively or principally as his or her home or residence (or the home or residence of him or her and his or her family); and
b: for reward, from time to time lets guests stay on the premises or other premises nearby.
2: Even if he or she does not hold a licence (or a licence of the appropriate kind) for the premises concerned, a person to whom subsection (1) applies may, in the course of or incidental to the stay of not more than 10 guests on the premises, sell or supply alcohol to some or all of them for consumption on the premises. 1989 No 63 s 5A Kinds of licence and their effect
13: Kinds of licence
There are 4 kinds of licence: on-licences, off-licences, club licences, and special licences.
14: On-licences generally
On any premises an on-licence (other than an on-licence endorsed under section 37
a: can sell and supply alcohol for consumption there; and
b: can let people consume alcohol. 1989 No 63 s 7
15: On-licences: BYO restaurants
On any premises an on-licence endorsed under section 37 restaurant
a: can—
i: let any person who is in the restaurant to dine consume any alcohol brought there by that person or by any other person who is there to dine with him or her; and
ii: let the person who brought the alcohol there remove any of it from the restaurant if the container it is in is sealed or resealed; and
b: can sell and supply, for consumption in the restaurant by any person who is there to dine, any food or hot drink containing not more than 14.33% alcohol by volume; and
c: can let people consume alcohol. 1989 No 63 s 28
16: On-licences: caterers
In addition to doing the things stated in section 14 section 38 1989 No 63 s 51(2)
17: Off-licences: sale and supply on licensed premises
1: On the premises an off-licence is held for, the licensee can sell alcohol for consumption somewhere else.
2: While the premises an off-licence is held for are open for the sale of alcohol for consumption somewhere else, the licensee can also supply alcohol free, as a sample, for consumption on the premises. 1989 No 63 s 29(1), (3)
18: Off-licences: sale for delivery and sales at distance
1: The holder of an off-licence not endorsed under section 40
2: The holder of an off-licence endorsed under section 40 1989 No 63 s 29(1)
19: Off-licences: direct delivery of alcohol, by arrangement with holder, by distributor, importer, manufacturer, or wholesaler
1: The distributor, importer, manufacturer, or wholesaler of any alcohol can deliver the alcohol from its own premises by arrangement with the holder of an off-licence.
2: Any alcohol that is delivered from the premises of its distributor, importer, manufacturer, or wholesaler by arrangement with the holder of an off-licence must for the purposes of this Act be treated as having been delivered by the holder from the premises the licence is issued for. 1989 No 63 s 29(2)
20: Off-licences: auctioneers
The holder of an off-licence endorsed under section 39 1989 No 63 s 52(3)
21: Club licences
On the premises a club licence is held for, the licensee can sell and supply alcohol to authorised customers (within the meaning of section 60(3) 1989 No 63 s 53
22: Special licences
1: There are 2 kinds of special licence: on-site special licences and off-site special licences.
2: On the premises a special licence designated as an on-site special licence is held for, the licensee can sell and supply
3: Where the holder of an on-licence or a club licence for any premises also holds a special licence designated as an on-site special licence for the premises, the holder can at a time when the sale of alcohol on the premises would otherwise be unlawful (whether by virtue of a provision of this Act relating to licensed premises or licensed premises of any kind, or by virtue of any condition subject to which the on-licence or club licence was issued) sell and supply
a: to people attending an event described in the special licence; and
b: in accordance with the special licence.
4: Subsection (3) does not limit or affect the generality of subsection (2).
5: On the premises a special licence designated as an off-site special licence is held for, the licensee can sell the licensee's alcohol, for consumption somewhere else, to people attending an event described in it.
6: While the premises a special licence designated as an off-site special licence is held for are open for the sale of the licensee's alcohol for consumption somewhere else, the licensee can also supply alcohol free, as a sample, for consumption on the premises. 1989 No 63 ss 73 74 Section 22(2) amended 17 December 2016 section 87(1) Statutes Amendment Act 2016 Section 22(3) amended 17 December 2016 section 87(2) Statutes Amendment Act 2016
23: Limitation on effect of sections 14 to 22
Nothing in any of sections 14 to 22
24: No obligation to serve
1: A licence does not oblige its holder—
a: to deliver, sell, or supply alcohol at any time or to any person; or
b: to let any person consume alcohol at any time on the premises the licence is issued for.
2: Subsection (1) is subject to the Human Rights Act 1993 1989 No 63 ss 15 38 61 81
25: Issue of second licence for premises already licensed
A licence of one kind can be issued—
a: for premises for which a licence of another kind is (or licences of other kinds are) already held; or
b: for premises for a part of which a licence of another kind is (or licences of other kinds are) already held; or
c: for a part of any premises for the whole of which a licence of another kind is (or licences of other kinds are) already held. 1989 No 63 s 6(3) Who can hold licences
26: Licences not to be held without express authority of this Act
1: A person cannot hold an on-licence, an off-licence, or a special licence unless,—
a: by virtue of section 28
b: the person is not a club unable to hold a licence of that kind by virtue of section 29(1) or (2)
2: A person cannot hold a club licence unless empowered by section 30
27: Licences not to be issued to persons not empowered to hold them
A licence of a particular kind cannot be issued to a person who is not empowered to hold a licence of that kind.
28: Who can hold on-licences, off-licences, and special licences
1: An on-licence, an off-licence, or a special licence (or licences of 2 or all of those kinds) can be held by—
a: a natural person who has attained the age of 20 years; or
b: any body corporate; or
ba: any company within the meaning of the Companies Act 1993
c: a board, organisation, or other body, that is authorised by an enactment other than this Act to sell alcohol or hold a licence (or a licence of the kind or kinds concerned); or
d: a licensing trust or community trust; or
e: a limited partnership registered under section 51
f: a partnership each member of which is a person, body corporate, company,
g: a department of State or other instrument of the Crown; or
h: a territorial authority (whether or not expressly authorised by an enactment other than this Act to hold a licence); or
i: a trustee within the meaning of the Trusts Act 2019
2: A manager acting for a person pursuant to a property order made under the Protection of Personal and Property Rights Act 1988
3: A club can hold a special licence.
4: A club can hold an off-licence if it has continuously held an off-licence since before the commencement of this section.
5: Subsection (1) is subject to section 413
6: Nothing in subsection (1) limits or affects—
a: any provision of the constitution of a company incorporated in New Zealand; or
b: any provision of the constitution or equivalent governing document of any other body corporate. 1989 No 63 ss 8 30 75 Section 28(1)﻿(ba) inserted 13 December 2016 section 5(1) Sale and Supply of Alcohol (Display of Low-alcohol Beverages and Other Remedial Matters) Amendment Act 2016 Section 28(1)﻿(f) amended 13 December 2016 section 5(2) Sale and Supply of Alcohol (Display of Low-alcohol Beverages and Other Remedial Matters) Amendment Act 2016 Section 28(1)﻿(i) amended 30 January 2021 section 161 Trusts Act 2019
29: Limitations on holding of on-licences and off-licences by clubs
1: A club cannot hold an on-licence.
2: Except as provided in section 28(4)
3: Subsections (1) and (2) override sections 25 28(1) 1989 No 63 ss 8(2) 30(2)
30: Who can hold club licences
Any club can hold a club licence. 1989 No 63 s 54
31: Limitation on effect of sections 28 and 30
Sections 28 30 subpart 7 Restrictions on issue of off-licences
32: Kinds of premises for which off-licences may be issued
1: An off-licence may be issued only—
a: to the holder of an on-licence issued for a hotel or tavern, for the premises (or part of the premises) for which the on-licence is held; or
b: for retail premises where (in the opinion of the licensing authority or licensing committee concerned) at least 85% of the annual sales revenue is expected to be earned from the sale of alcohol for consumption somewhere else; or
c: if—
i: the premises for which it is to be issued are not retail premises; and
ii: at least 85% of the annual income of the person to whom it is to be issued is (in the opinion of the licensing authority or licensing committee concerned) expected to be earned from the remote sale of alcohol; or
d: for premises where (in the opinion of the licensing authority or licensing committee concerned) the principal business carried on is the manufacture of alcohol; or
e: for premises that (in the opinion of the licensing authority or licensing committee concerned) are a supermarket with a floor area of at least 1 000 m 2
f: for premises that (in the opinion of the licensing authority or licensing committee concerned) are a grocery store.
2: Premises for which (by virtue of section 350(b)﻿(i)
3: Section 36 1989 No 63 s 36(1)
33: Determining whether premises are grocery store
1: In this section, food product
a: does not include—
i: alcohol, confectionery, ready-to-eat prepared food, or snack food; or
ii: a drink (other than milk) sold in a container with a capacity of 1 litre or less; but
b: includes delicatessen items that are not ready-to-eat prepared food or snack food grocery store
a: has the characteristics normally associated with shops of the kind commonly thought of as grocery shops; and
b: comprises premises where—
i: a range of food products and other household items is sold; but
ii: the principal business carried on is or will be the sale of food products ready-to-eat prepared food
a: includes food for the time being declared by regulations under this Act to be ready-to-eat prepared food; and
b: does not include food for the time being declared by regulations under this Act not to be ready-to-eat prepared food snack food
a: includes food for the time being declared by regulations under this Act to be snack food; and
b: does not include food for the time being declared by regulations under this Act not to be snack food.
2: In forming for the purposes of this Act an opinion on whether any premises are a grocery store, the licensing authority or a licensing committee—
a: must have regard to—
i: the size, layout, and appearance of the premises; and
ii: a statement of the annual sales revenues (or projected annual sales revenues) of the premises, produced in accordance with any regulations in force under this Act prescribing what information such statements must contain and how it must be set out; and
iii: the number, range, and kinds of items on sale (or expected to be on sale) on the premises; and
b: may have regard to any other matters it thinks relevant; and
c: may determine that the premises do not have the characteristics normally associated with a shop of the kind commonly thought of as a grocery shop by virtue of characteristics that the premises and the items on sale there lack or will lack, characteristics that the premises and the items on sale there have or will have, or a combination of both.
3: Paragraph (a) of the definition in subsection (1) of food product
34: Exception for certain areas where some licensed premises not economic
1: The licensing authority or licensing committee concerned may direct that an off-licence should be issued for premises not of a kind described in section 32(1)
a: that, in the area where they are situated, the sale of alcohol in premises of a kind described in section 32(1)﻿(b), (d), (e), or (f)
b: that the granting of the licence would not cause any significant increase in alcohol-related harm.
2: Subsection (1) overrides section 32(1) section 36 1989 No 63 s 36(2)﻿(a)
35: Exception for certain complementary sales
1: The licensing authority or licensing committee concerned may direct that an off-licence should be issued for premises not of a kind described in section 32(1)
a: the premises are a shop, but not a shop where the principal business carried on is the sale of food (whether food of a particular kind or kinds, or a range of food); and
b: alcohol would be an appropriate complement to goods of the kind sold (or to be sold) in the shop.
2: Subsection (1) overrides section 32(1) section 36 1989 No 63 s 36(2)﻿(b)
36: No off-licences for petrol stations, certain garages, dairies, convenience stores, conveyances, or shops within shops
The licensing authority or licensing committee concerned must not direct that an off-licence should be issued for any premises if (in its opinion)—
a: the principal business carried on there is—
i: the sale of automotive fuels; or
ii: the repair and servicing of motor vehicles and the sale of automotive fuels; or
b: they are a shop of the kind commonly thought of as a dairy; or
c: they are a shop of the kind commonly thought of as a convenience store; or
d: they are a conveyance; or
e: they are situated (wholly or partially) within a shop; or
f: the public can reach them directly from a shop, or directly from premises where the principal business carried on is a business of a kind described in paragraph (a). 1989 No 63 s 36(3) Endorsed licences for BYO restaurants, auctioneers, and caterers
37: On-licences for BYO restaurants
1: The licensing authority or licensing committee concerned must, when directing that an on-licence should be issued, direct that it should be endorsed to indicate that this section applies to it if (and only if)—
a: when applying for it, the holder asked for it to be endorsed under this section; and
b: the authority or committee is satisfied that the holder carries on the business of a restaurateur on the premises for which it is to be issued.
2: An on-licence endorsed under this section may be issued subject to either or both of the following conditions:
a: a condition requiring the appointment of 1 or more managers in accordance with this Part:
b: a condition requiring a manager to be on duty on specified days and times. 1989 No 63 s 28
38: On-licences for caterers
1: The licensing authority or licensing committee concerned must, when directing that an on-licence should be issued, direct that it should be endorsed to indicate that this section applies to it if (and only if),—
a: when applying for it, the holder asked for it to be endorsed under this section; and
b: the authority or committee is satisfied that the holder carries on the business of a caterer.
2: Sections 56 57 1989 No 63 s 51
39: Off-licences for auctioneers
1: The licensing authority or licensing committee concerned must, when directing that an off-licence should be issued, direct that it should be endorsed to indicate that this section applies to it if (and only if),—
a: when applying for it, the holder asked for it to be endorsed under this section; and
b: the authority or committee is satisfied that the holder is registered as an auctioneer under the Auctioneers Act 2013
2: Sections 101 to 103
3: Sections 56 57 212 1989 No 63 s 52 Section 39(1)﻿(b) amended 18 December 2013 section 28(3) Auctioneers Act 2013
40: Off-licences for remote sellers of alcohol
1: The licensing authority or licensing committee concerned must, when directing that an off-licence should be issued, direct that it should be endorsed to indicate that this section applies to it if (and only if), when applying for it, the holder asked for it to be endorsed under this section.
2: Sections 56 57 Restrictions on issue of special licences
41: No special licence where permanent licence or variation of permanent licence more appropriate
A special licence must not be issued in circumstances where (in the opinion of the licensing committee concerned) it would have been more appropriate for the applicant to apply for—
a: an on-licence, off-licence, or club licence; or
b: the variation of an existing on-licence, off-licence, or club licence.
42: Restrictions on issue of special licences for consumption off-premises
1: A special licence designated as an off-site special licence may be issued only to a person who (in the opinion of the licensing committee concerned) is a manufacturer, distributor, importer, or wholesaler of alcohol.
2: A special licence designated as an off-site special licence must not be issued for a conveyance.
3: Subsection (1) overrides section 28(1) Permitted trading hours
43: Default national maximum trading hours
1: The default maximum national trading hours—
a: are the hours between 8 am on any day and 4 am on the next day for the sale and supply of alcohol for consumption on premises for which an on-licence or a club licence is held:
b: are the hours between 7 am and 11 pm on any day for the sale of alcohol on premises for which an off-licence is held.
2: Subsection (1) is subject to sections 47 48
44: Permitted trading hours for premises without relevant local alcohol policy
1: The trading hours permitted for any licensed premises are the default maximum national trading hours stated by section 43
a: the premises are situated in a district where there is not in force a local alcohol policy containing an element that has the effect of stating maximum trading hours for the premises; and
b: the licence has not been issued subject to a condition or conditions to the effect that some more restrictive maximum trading hours must be observed.
2: The trading hours permitted for any licensed premises are the more restrictive maximum trading hours concerned if—
a: the premises are situated in a district where there is not in force a local alcohol policy containing an element that has the effect of stating maximum trading hours for the premises; but
b: the licence has been issued subject to a condition or conditions to the effect that some more restrictive maximum trading hours must be observed.
3:
3: Section 44(3) repealed 4 November 2019 section 6 Sale and Supply of Alcohol (Rugby World Cup 2019 Extended Trading Hours) Amendment Act 2019 Section 44(3) repealed 2 November 2016 section 6 Sale and Supply of Alcohol (Rugby World Cup 2015 Extended Trading Hours) Amendment Act 2015
45: Permitted trading hours for premises with relevant local alcohol policy
1: The trading hours permitted for any licensed premises are the applicable maximum trading hours stated for the premises in the local alcohol policy concerned if—
a: the premises are situated in a district where there is in force a local alcohol policy containing an element that has the effect of stating maximum trading hours for the premises; and
b: the licence has not been issued subject to a condition or conditions to the effect that some more restrictive maximum trading hours must be observed.
2: The trading hours permitted for any licensed premises are the more restrictive maximum trading hours concerned if—
a: the premises are situated in a district where there is in force a local alcohol policy containing an element that has the effect of stating maximum trading hours for the premises; but
b: the licence has been issued subject to a condition or conditions to the effect that some more restrictive maximum trading hours must be observed.
3:
3: Section 45(3) repealed 4 November 2019 section 6 Sale and Supply of Alcohol (Rugby World Cup 2019 Extended Trading Hours) Amendment Act 2019 Section 45(3) repealed 2 November 2016 section 6 Sale and Supply of Alcohol (Rugby World Cup 2015 Extended Trading Hours) Amendment Act 2015 Rugby World Cup 2019 extended trading hours Heading repealed 4 November 2019 section 6 Sale and Supply of Alcohol (Rugby World Cup 2019 Extended Trading Hours) Amendment Act 2019
45A: Purpose
Section 45A repealed 4 November 2019 section 6 Sale and Supply of Alcohol (Rugby World Cup 2019 Extended Trading Hours) Amendment Act 2019
45B: Game, and other terms, defined
Section 45B repealed 4 November 2019 section 6 Sale and Supply of Alcohol (Rugby World Cup 2019 Extended Trading Hours) Amendment Act 2019
45C: Eligible premises
Section 45C repealed 4 November 2019 section 6 Sale and Supply of Alcohol (Rugby World Cup 2019 Extended Trading Hours) Amendment Act 2019
45D: Trading hours extended
Section 45D repealed 4 November 2019 section 6 Sale and Supply of Alcohol (Rugby World Cup 2019 Extended Trading Hours) Amendment Act 2019
45E: Effect of extensions (on one-way door restrictions, etc)
Section 45E repealed 4 November 2019 section 6 Sale and Supply of Alcohol (Rugby World Cup 2019 Extended Trading Hours) Amendment Act 2019
45F: Display of information about extensions
Section 45F repealed 4 November 2019 section 6 Sale and Supply of Alcohol (Rugby World Cup 2019 Extended Trading Hours) Amendment Act 2019
45G: Special licences unaffected, and not limiting, but do not apply if notice given
Section 45G repealed 4 November 2019 section 6 Sale and Supply of Alcohol (Rugby World Cup 2019 Extended Trading Hours) Amendment Act 2019 Rugby World Cup 2015 extended trading hours Heading repealed 2 November 2016 section 6 Sale and Supply of Alcohol (Rugby World Cup 2015 Extended Trading Hours) Amendment Act 2015
45A: Purpose
Section 45A repealed 2 November 2016 section 6 Sale and Supply of Alcohol (Rugby World Cup 2015 Extended Trading Hours) Amendment Act 2015
45B: Game, and other terms, defined
Section 45B repealed 2 November 2016 section 6 Sale and Supply of Alcohol (Rugby World Cup 2015 Extended Trading Hours) Amendment Act 2015
45C: Eligible premises
Section 45C repealed 2 November 2016 section 6 Sale and Supply of Alcohol (Rugby World Cup 2015 Extended Trading Hours) Amendment Act 2015
45D: Trading hours extended
Section 45D repealed 2 November 2016 section 6 Sale and Supply of Alcohol (Rugby World Cup 2015 Extended Trading Hours) Amendment Act 2015
45E: Effect of extensions (on one-way door restrictions, etc)
Section 45E repealed 2 November 2016 section 6 Sale and Supply of Alcohol (Rugby World Cup 2015 Extended Trading Hours) Amendment Act 2015
45F: Display of information about extensions
Section 45F repealed 2 November 2016 section 6 Sale and Supply of Alcohol (Rugby World Cup 2015 Extended Trading Hours) Amendment Act 2015
45G: Special licences unaffected, and not limiting, but do not apply if notice given
Section 45G repealed 2 November 2016 section 6 Sale and Supply of Alcohol (Rugby World Cup 2015 Extended Trading Hours) Amendment Act 2015 Restrictions relating to trading hours
46: No sale or supply outside permitted trading hours: all licences
1: The holder of a licence must ensure that no alcohol is sold or supplied on the premises outside the permitted trading hours.
2: Subsection (1) is subject to section 173
3: Subsection (1) does not apply where any alcohol previously placed in an area or unit (commonly known as a mini-bar) of a hotel room is, in that room, sold or supplied to—
a: a person (a guest
b: a person whom that guest permits, consistently with that agreement, to be in that room. Section 46(3) inserted 5 December 2013 section 4 Sale and Supply of Alcohol Amendment Act 2013
47: Sale and supply on Anzac Day morning, Good Friday, Easter Sunday, and Christmas Day restricted: on-licences
1: The holder of an on-licence must ensure that no alcohol is sold or supplied on the premises on Good Friday, Easter Sunday, or Christmas Day, or before 1 pm on Anzac Day, unless—
a: it is sold or supplied while the holder also holds a special licence for the premises; or
b: the buyer is a person of a kind described in subsection (2).
2: The kinds of person referred to in subsection (1) are—
a: people residing or lodging on the premises:
b: people who are present on the premises to dine.
3: For the purposes of subsection (2),—
a: a person resides or lodges on licensed premises if he or she resides or lodges in the building in which the premises are situated as the guest, lodger, tenant, or employee of the licensee:
b: a person is not present on licensed premises to dine if he or she is there at a time—
i: more than an hour before he or she starts (or is due to start) eating a meal; or
ii: more than an hour after he or she finishes eating a meal.
4: Subsection (1) is subject to section 173
47A: Anzac Day trading hours for licensed RNZRSA clubs
1: This section applies to licensed premises if—
a: the premises houses an RNZRSA club; and
b: the club holds a club licence for the premises.
2: Despite anything in section 44 45
3: Any one-way door restriction applicable to the premises does not operate during the hours specified in subsection (2).
4: An RNZRSA club’s use of land at its licensed premises during the hours specified in subsection (2) must be treated as not contravening section 9
a: this section applies to the premises; and
b: the use would comply with section 9 Section 47A inserted 14 April 2016 section 7 Sale and Supply of Alcohol (Anzac Day Trading Hours for Licensed RNZRSA Clubs) Amendment Act 2016
48: Sale on Anzac Day morning, Good Friday, Easter Sunday, and Christmas Day restricted: off-licences
The holder of an off-licence must ensure that—
a: no alcohol is sold on or delivered from the premises on Good Friday, or Christmas Day, or before 1 pm on Anzac Day; and
b: no alcohol is sold on or delivered from the premises at any time on Easter Sunday unless it is grape wine or fruit or vegetable wine made—
i: on the premises; or
ii: from produce harvested from land on which the premises are situated. 1989 No 63 s 37(1)
49: Remote sales exempted from trading hours restrictions
1: A remote sale of alcohol may be made at any time on any day.
2: Subsection (1)—
a: overrides the restrictions on sales imposed by sections 46 48
b: is subject to the restrictions on delivery imposed by sections 48 59(1) Requirements on holders of on-licences and club licences
50: One-way door restrictions in local alcohol policies to be complied with
1: The holder of an on-licence or club licence must ensure that every applicable one-way door restriction in any relevant local alcohol policy is complied with.
2: The fact that elements of a one-way door restriction imposed on the licence are less restrictive than the equivalent elements of an applicable one-way door restriction in a relevant local alcohol policy does not limit or affect the holder's obligation to comply with subsection (1).
3:
3: Section 50(3) repealed 4 November 2019 section 6 Sale and Supply of Alcohol (Rugby World Cup 2019 Extended Trading Hours) Amendment Act 2019 Section 50(3) repealed 2 November 2016 section 6 Sale and Supply of Alcohol (Rugby World Cup 2015 Extended Trading Hours) Amendment Act 2015
51: Non-alcoholic drinks to be available
The holder of an on-licence or club licence must ensure that, at all times when the premises are open for the sale and supply of alcohol, there is available for sale and consumption on the premises, at reasonable prices, a reasonable range of non-alcoholic drinks.
52: Low-alcohol drinks to be available
1: The holder of an on-licence or club licence must ensure that there is available for sale and consumption on the premises alcohol containing not more than 2.5% ethanol by volume at 20°C.
2: The requirements of subsection (1) do not apply to the premises if—
a: they are premises whose licensee—
i: sells on those premises only alcohol manufactured by the licensee; and
ii: does not manufacture (whether on those premises or somewhere else) alcohol of the kind described in subsection (1); and
b: the licence was issued or last renewed (whichever occurred more recently), subject to a condition exempting the holder from those requirements.
53: Food to be available
The holder of an on-licence or club licence must ensure that, at all times when the premises are open for the sale and supply of alcohol, a reasonable range of food is available for sale and consumption on the premises, in portions suitable for a single customer,—
a: at reasonable prices; and
b: within a reasonable time of being ordered.
54: Help with and information about transport to be available
The holder of an on-licence or club licence must ensure that, at any time customers are lawfully on the premises,—
a: there is readily available to the customers, free, comprehensive, and accurate information about the forms of transport from the premises that are available at that time; and
b: there are on the premises, and readily accessible to the customers, staff able to give them comprehensive and accurate information about the forms of transport from the premises that are available at that time; and
c: those staff will on demand give any customer appropriate advice free. Requirements on holders of special licences
55: Requirements relating to special licences for consumption off-premises
The holder of a special licence designated as an off-site special licence must ensure that, while it is in force,—
a: only the licensee's alcohol is to be sold or supplied on the premises; and
b: alcohol is not supplied free, as a sample, for consumption on the premises, at a time when the premises are not open for the sale of the licensee's alcohol for consumption somewhere else; and
c: alcohol is not sold for consumption on the premises at any time when the licensee does not also hold for the premises a special licence designated as an on-site special licence. Other restrictions and requirements
56: Display of signs: on-licences, off-licences
The holder of an on-licence issued for premises or an off-licence (other than an off-licence issued for premises for which a club licence is held) must ensure that for each principal entrance to the premises there is displayed at all times a sign attached to the inside or outside of the premises, so as to be easily read by people immediately outside the entrance, stating the ordinary hours of business during which the premises are open for the sale of alcohol (or, in the case of an on-licence endorsed under section 37 1989 No 63 ss 25(1) 48(2)
57: Display of licence: all licences
1: The holder of an on-licence or an off-licence (other than an off-licence issued for premises for which a club licence is held or a remote-sale off-licence) must ensure that at all times a copy of the licence, together with a statement of all conditions subject to which it is issued, is displayed—
a: attached to the inside of the premises concerned; and
b: so as to be easily read by people entering each principal entrance.
2: The holder of a club licence must ensure that at all times a copy of the licence, together with a statement of all conditions subject to which it is issued (and, if it is issued for premises for which an off-licence is held, a copy of that licence, together with a statement of all conditions subject to which it is issued), is displayed—
a: attached to the inside of the premises; and
b: so as to be easily read by people using the premises.
3: When issuing a special licence, the licensing committee may give any directions relating to its display, and the display of a statement of any conditions subject to which it is issued, as the committee thinks necessary or desirable.
4: The holder of a special licence must ensure that all directions under subsection (3) given when it was issued are complied with. 1989 No 63 ss 25(2) 48(2), (3) 83
58: Restriction on kinds of alcohol sold in supermarkets and grocery shops, and premises directly accessible from supermarket or grocery shop
1: The holder of an off-licence issued for premises of a kind described in subsection (2) must ensure that no alcohol is sold on the premises unless it contains no more than 15% ethanol by volume measured at 20°C and is—
a: beer that complies with the appropriate New Zealand food standard for beer; or
b: mead that complies with the appropriate New Zealand food standard for mead; or
c: fruit or vegetable wine that complies with the appropriate New Zealand food standard for fruit or vegetable wine (however that product may be described in the standard); or
d: grape wine that complies with the appropriate New Zealand food standard for grape wine (however that product may be described in the standard); or
e: a food flavouring, prepared for culinary purposes, that is unsuitable for drinking undiluted.
2: The kinds of premises referred to in subsection (1) are—
a: premises that are or form part of a supermarket or grocery shop; and
b: premises that can be reached from a supermarket or grocery shop without leaving it.
3: In subsection (1),— appropriate New Zealand food standard the Food Act 2014 beer fruit or vegetable wine
a: means the product prepared from the complete or partial fermentation of any or all of the following:
i: fruit, vegetables, grains, and cereals:
ii: preparations of fruit, vegetables, grains, and cereals; but
b: does not include grape wine grape wine mead 1989 No 63 s 37(3) Section 58(3) amended 1 March 2016 section 447 Food Act 2014
59: Requirements relating to remote sales by holders of off-licences
1: The holder of an off-licence must ensure that any alcohol sold by remote sale is not delivered to the buyer (or to any other person on the buyer's behalf) at any time after 11 pm on any day and before 6 am on the next day.
2: Subsection (1) applies whether the alcohol is delivered by the seller or by some other person.
3: The holder of an off-licence must take reasonable steps to verify that the buyer of any alcohol that the holder sells by remote sale (and, if a person other than the buyer is to receive it, to verify that the receiver) is not under the purchase age.
4: The holder of an off-licence takes reasonable steps to verify that the buyer of any alcohol that the holder sells by remote sale is not under the purchase age if he or she complies with a procedure declared by regulations made under this Act to be a reasonable procedure for the purposes of complying with subsection (3).
5: The holder of an off-licence who sells alcohol by remote sale via the Internet must comply with any regulations made under this Act requiring information to be visible on the holder's website when people browse, enter, or otherwise access it.
6: The holder of an off-licence who sells alcohol by remote sale by mail order must comply with any regulations made under this Act requiring information to be published in the holder's catalogues.
7: The holder of an off-licence who sells alcohol by remote sale by telephone must comply with any regulations made under this Act requiring information to be given to callers.
60: Sale and supply in clubs to members and guests only
1: The holder of a club licence must ensure that no alcohol is sold or supplied to any person for consumption on the premises unless the person is—
a: an authorised customer; or
b: if the licence issued subject to a condition allowing alcohol to be sold or supplied to people of that kind, a person who is on the premises at the invitation of an authorised visitor who is also on the premises.
2: If a club licence and an off-licence are held for the same premises, the holder must ensure that no alcohol is sold or supplied to any person for consumption off the premises unless the person is an authorised customer.
3: In this section,— authorised customer
a: is a member of the club concerned; or
b: is on the premises at the invitation of, and is accompanied by, a member of the club concerned; or
c: is an authorised visitor authorised visitor member
a: has expressly agreed in writing to comply with the club's rules; and
b: is recognised as a member of the club by those rules.
61: Administrative requirements for club licences
The holder of a club licence must take all practicable steps to ensure that—
a: there is at all times a secretary of the club; and
b: within 10 working days of the appointment of a new secretary, the secretary of the appropriate licensing committee is told the name of the new secretary; and
c: all proceeds from the sale of alcohol belong to the club. 1989 No 63 s 60(1)
62: No bring-your-own alcohol in clubs
The holder of a club licence must ensure that, while the premises are open for the sale or supply of alcohol, no person consumes on the premises any alcohol not sold or supplied on the premises by the licensee. Requirements imposed as conditions
63: Requirements and restrictions imposed as conditions
The holder of a licence must comply with every condition subject to which it has been issued or renewed. Miscellaneous licensing provisions
64: Issue of licences, certificates, and authorities
1: As soon after the licensing authority or a licensing committee has directed that a licence, certificate, or authority should be issued as its secretary is satisfied that all requirements imposed by the authority or committee as a condition of its issue have been met, he or she must issue the licence, certificate, or authority (endorsed, where appropriate, as the authority or committee has directed) to the applicant.
2: Even if the licensing authority or a licensing committee has directed that a licence should be issued for any premises, the premises are not licensed premises until the licence has been issued. 1989 No 63 s 114
65: Secretary of authority to set up and maintain registers
1: The secretary of the licensing authority must set up and maintain one or more registers recording all prescribed particulars relating to licences and managers’ certificates, and to applications for or in respect of them.
2: Any member of the public may, on payment of the prescribed fee, obtain from the secretary of the licensing authority an extract from a register. 1989 No 63 s 220
66: Record of applications
1: The secretary of each licensing committee must keep—
a: a record of every application filed with the licensing committee and the decision on the application; and
b: a register of licensees to whom special licences have been issued by the committee, recording all prescribed particulars relating to those licences.
2: Any member of the public may, on payment of the prescribed fee, obtain from the secretary of the licensing committee an extract from any record or register kept under this section.
3: The secretary of each licensing committee must send to the secretary of the licensing authority a copy of every application made to the committee, and a copy of every decision made by it. 1989 No 63 s 221
67: Certified extracts to be evidence
An extract of any register or record kept by the secretary of the licensing authority or by the secretary of a licensing committee, and certified as such by the secretary, is evidence of the matters stated in the extract. 1989 No 63 s 222
68: Licensees and managers to have address for service
1: Every licensee and every manager must notify an address for service to the secretary of the licensing authority promptly after adopting a new address for service.
2: A licensee's or manager's last known address for service is a sufficient address for service under this section until a new address for service is notified under subsection (1).
3: A notice or other document required by this Act to be served on a licensee or manager (the recipient
a: sent by post to the recipient's address for service; or
b: left at the recipient's address for service; or
c: given to the recipient.
4: Unless the contrary is proved, the notice or other document—
a: is to be treated as having been served when it would in the ordinary course of post have been delivered, if it is proved that it was addressed to the recipient at the recipient's address for service, and dispatched by post; and
b: is to be treated as having been served when it was left at the recipient's address for service, if it is proved that it was addressed to the recipient at the recipient's address for service and left at that address. 1989 No 63 s 223
69: Notification of licensing authority by company of changes in company shareholding or name
1: A company that holds a licence and is not a party to a listing agreement with a stock exchange must notify the secretary of the licensing authority of any change in—
a: the shareholding of the company; or
b: the directors of the company.
2: A company that holds a licence and is a party to a listing agreement with a stock exchange must notify the secretary of the licensing authority of any change in—
a: the shareholding of the company whereby any person becomes the holder of at least 20% of the shares, or of any particular class of the shares, issued by the company, if that person did not hold at least 20% of the shares or of that class of the shares when the licence was issued to the company; and
b: the directors of the company.
3: Any notice required by subsection (1) or (2) must be given within 10 working days after the board of the company becomes aware of the change to which it relates.
4: Where a company that holds a licence changes its name, it must notify the secretary of the licensing authority of the change within 10 working days after the change.
5: If a company fails to comply with any of subsections (1) to (4), every director of the company commits an offence and is liable on conviction to a fine not exceeding $10,000.
6: It is a defence to a director charged with an offence against this section relating to a failure to comply with one of its provisions if he or she proves that—
a: the company took all reasonable and proper steps to ensure that the provision concerned would be complied with; or
b: he or she took all reasonable and proper steps to ensure that the company complied with the provision; or
c: in the circumstances he or she could not reasonably have been expected to take steps to ensure that the company complied with the provision.
7: In this section, stock exchange section 2(1) 1989 No 63 s 225 Section 69(7) inserted 1 December 2014 section 150 Financial Markets (Repeals and Amendments) Act 2013
70: Notification of licensing authority by beneficial owner of shares of changes in shareholding
1: Any person on whose behalf any shares are held by any other person in any company that holds a licence must notify the secretary of the licensing authority if, after the licence is issued to the company, the number of shares held changes so that the shareholding reaches at least 20% of the shares, or of any particular class of the shares, issued by the company.
2: The notice must be given within 10 working days after the person required to give it becomes aware that the number of shares has reached at least 20% of the shares, or of any particular class of the shares, issued by the company.
3: If a person required to give a notice under subsection (1) fails to comply with subsection (1) or (2), he or she commits an offence and is liable on conviction to a fine not exceeding $10,000. 1989 No 63 s 225A
71: Notification of Police
1: On receiving any notice under section 69 70
a: the constable in charge of the police station nearest to—
i: the premises for which the licence is held by the company; or
ii: the secretary's office, where the licence is held by the company for a conveyance; and
b: an inspector.
2: Despite anything in this Act, on receipt of a copy of any notice under subsection (1), any constable or any inspector may apply to the licensing authority for the cancellation of the licence on the ground that, by virtue of the change to which the notice relates, the company is no longer suitable as the holder of the licence.
3: The provisions of section 280 1989 No 63 s 225B
72: Duplicate licence or certificate
If the secretary of the licensing authority or a licensing committee is satisfied that any licence or manager's certificate issued by the licensing authority or licensing committee has been lost or destroyed, the secretary may issue a duplicate licence or certificate to the holder. 1989 No 63 s 226
73: Surrender of licence or manager's certificate
1: The holder of a licence or manager's certificate may at any time surrender it by—
a: notifying the secretary of the licensing committee of its surrender; and
b: sending it to the secretary.
2: The licence or certificate ceases to have effect from the day the secretary receives it; and the secretary must—
a: notify the secretary of the licensing authority that the licence or certificate was surrendered on that day; and
b: record—
i: the day on which he or she was notified of the surrender; and
ii: the day on which the licence or certificate was received.
3: The licensee or person surrendering his or her manager's certificate is entitled to a proportionate refund of any fee paid for the licence or certificate, ascertained by—
a: deducting from the amount of the fee the cost of processing the application for it or granting it; and
b: calculating the proportion of the remainder that relates to the period for which the licence or certificate would have had effect if it had not been surrendered.
4: The surrender of a licence or manager's certificate does not affect the licensee's or the manager's liability—
a: to perform any obligation required to be performed by the licensee or manager by or under this Act before the date on which the licence or the manager's certificate ceases to have effect; or
b: for any act done or default made before that date. 1989 No 63 s 227
74: Temporary licence during repairs, etc
1: The appropriate licensing committee may authorise a licensee to sell alcohol pursuant to the licence on or from premises other than the licensed premises concerned for any period it from time to time determines where—
a: the licensed premises are unfit for the sale of alcohol because of a fire, storm, earthquake, or other unforeseen event; or
b: the licensed premises are or will become unfit for the sale of alcohol because of their repair, alteration, or rebuilding, or the building of additions to them; or
c: any other circumstances have arisen or will arise (in respect of the premises) that prevent or will prevent the sale of alcohol on the licensed premises.
2: While an authority under subsection (1) is in force, this Act has effect as if—
a: the licensed premises concerned were not licensed premises; and
b: the other premises were the licensed premises to which the licence concerned relates.
2: Local alcohol policies
75: Territorial authorities may have local alcohol policies
1: Any territorial authority may have a policy relating to the sale, supply, or consumption of alcohol within its district (or to 2 or all of those matters).
2: A local alcohol policy—
a: may provide differently for different parts of its district; and
b: may apply to only part (or 2 or more parts) of its district; and
c: may apply differently to premises for which licences of different kinds are held or have been applied for.
3: A local alcohol policy must be produced, adopted, and brought into force, in accordance with this subpart.
4: No territorial authority is required to have a local alcohol policy.
76: Territorial authorities may adopt joint local alcohol policy
Two or more territorial authorities may adopt a single local alcohol policy for their districts; and in that case this subpart applies as if they were a single territorial authority with a single district.
77: Contents of policies
1: A local alcohol policy may include policies on any or all of the following matters relating to licensing (and no others):
a: location of licensed premises by reference to broad areas:
b: location of licensed premises by reference to proximity to premises of a particular kind or kinds:
c: location of licensed premises by reference to proximity to facilities of a particular kind or kinds:
d: whether further licences (or licences of a particular kind or kinds) should be issued for premises in the district concerned, or any stated part of the district:
e: maximum trading hours:
f: the issue of licences, or licences of a particular kind or kinds, subject to discretionary conditions:
g: one-way door restrictions.
2: Paragraphs (a) to (d) of subsection (1) do not apply to special licences, or premises for which a special licence is held or has been applied for.
3: A local alcohol policy must not include policies on any matter not relating to licensing.
78: Territorial authorities must produce draft policy
1: A territorial authority that wishes to have a local alcohol policy must produce a draft policy.
2: When producing a draft policy, a territorial authority must have regard to—
a: the objectives and policies of its district plan; and
b: the number of licences of each kind held for premises in its district, and the location and opening hours of each of the premises; and
c: any areas in which bylaws prohibiting alcohol in public places are in force; and
d: the demography of the district's residents; and
e: the demography of people who visit the district as tourists or holidaymakers; and
f: the overall health indicators of the district's residents; and
g: the nature and severity of the alcohol-related problems arising in the district.
3: For the purposes of subsection (2), a district's residents include people who have holiday homes there.
4: The authority must not produce a draft policy without having consulted the Police, inspectors, and Medical Officers of Health, each of whom must, if asked by the authority to do so, make reasonable efforts to give the authority any information they hold relating to any of the matters stated in subsection (2)﻿(c) to (g).
79: Territorial authority must produce provisional policy by consulting on draft policy using special consultative procedure
1: If, after producing a draft policy under section 78
2: When producing a provisional policy, a territorial authority must have regard to the matters stated in section 78(2)
80: Territorial authority wishing to adopt provisional policy must give public notice
1: If, after producing a provisional policy under section 79
a: the provisional policy; and
b: rights of appeal against it; and
c: the ground on which an appeal may be made.
2: The public notice must be given in accordance with regulations made under this Act.
81: Right of appeal to licensing authority
1: A person or an agency that made submissions as part of the special consultative procedure on a draft local alcohol policy may, within 30 days of the public notification of the resulting provisional local alcohol policy, appeal to the licensing authority against any element of that provisional local alcohol policy.
2: The Police or a Medical Officer of Health may, within 30 days of the public notification of the resulting provisional local alcohol policy, appeal to the licensing authority against any element of that provisional local alcohol policy.
3: Except as provided in subsection (2), a person or agency that did not make submissions as part of the special consultative procedure on a draft local alcohol policy cannot appeal against any element of the resulting provisional local alcohol policy.
4: The only ground on which an element of the provisional policy can be appealed against is that it is unreasonable in the light of the object of this Act.
5: The appeal must be made in accordance with regulations made under this Act.
6: The territorial authority concerned is the respondent in an appeal under this section. Section 81(1) replaced 26 March 2015 section 4 Sale and Supply of Alcohol Amendment Act 2015 Section 81(2) replaced 26 March 2015 section 4 Sale and Supply of Alcohol Amendment Act 2015
82: Appeals to be dealt with in public
The licensing authority must deal with every appeal under section 81
83: Consideration of appeals by licensing authority
1: The licensing authority must dismiss an appeal against an element of a provisional local alcohol policy if it—
a: is not satisfied that the element is unreasonable in the light of the object of this Act; or
b: is satisfied that the appellant did not make submissions as part of the special consultative procedure on the draft local alcohol policy concerned.
2: The licensing authority must ask the territorial authority concerned to reconsider an element of a provisional local alcohol policy
a: the appellant made submissions as part of the special consultative procedure on the draft local alcohol policy concerned; and
b: the element is unreasonable in the light of the object of this Act.
3: The licensing authority must notify the appellant and territorial authority of its decision.
4: The appellant has no right of appeal against the decision of the licensing authority.
5: Subsection (4) does not limit or affect the Judicial Review Procedure Act 2016 Section 83(2) amended 26 March 2015 section 5 Sale and Supply of Alcohol Amendment Act 2015 Section 83(5) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016
84: Actions territorial authority may take if asked to reconsider element of provisional policy
1: If the licensing authority asks a territorial authority to reconsider an element of a provisional local alcohol policy, the territorial authority must—
a: resubmit the policy to the licensing authority with the element deleted; or
b: resubmit the policy to the licensing authority with the element replaced with a new or amended element; or
c: appeal to the High Court against the licensing authority's finding that the element is unreasonable in the light of the object of this Act; or
d: abandon the provisional policy.
2: In an appeal to the High Court against the licensing authority's finding that an element of a provisional local alcohol policy is unreasonable in the light of the object of this Act, every person who appealed to the licensing authority against the element is a respondent.
85: Effect of High Court decisions on appeal by territorial authority
1: If the High Court overturns the licensing authority's finding that an element of a provisional local alcohol policy is unreasonable in the light of the object of this Act, the element stands as part of the policy.
2: If the High Court upholds the licensing authority's finding that an element of a provisional local alcohol policy is unreasonable in the light of the object of this Act, the territorial authority must—
a: resubmit the policy to the licensing authority with the element deleted; or
b: resubmit the policy to the licensing authority with the element replaced with a new or amended element; or
c: abandon the provisional policy.
86: Effect of resubmission of provisional policy to licensing authority
1: The licensing authority must deal with the resubmission of a provisional local alcohol policy under section 84(1)﻿(b) 85(2)﻿(b) sections 81 to 85
2: The licensing authority may deal with all or any part of the resubmission in private.
3: Subsection (2) overrides subsection (1) and section 82
87: When local alcohol policy adopted
1: If no appeal against any element of a provisional local alcohol policy is made earlier, the policy is adopted 30 days after its public notification.
2: If appeals against elements of a provisional local alcohol policy have been made but they have all been dismissed by the licensing authority, the policy is adopted 30 days after the last of them is dismissed.
3: If a provisional local alcohol policy has been resubmitted to the licensing authority under section 84(1)﻿(b) 85(2)﻿(b)
4: If the High Court has overturned every finding of the licensing authority that an element of a provisional local alcohol policy is unreasonable in the light of the object of this Act, the policy is adopted when the High Court makes its decision.
5: A provisional local alcohol policy ceases to be provisional when it is adopted.
6: Even after it has been adopted, a local alcohol policy or amendment of a local alcohol policy has no effect until it is brought into force.
88: Territorial authority may discontinue development of local alcohol policy
1: A territorial authority may at any time before the adoption of a local alcohol policy discontinue its development.
2: Subsection (1) overrides section 87(1) to (4)
89: Disallowance of local alcohol policy
1: Once a provisional local alcohol policy has been adopted and ceased to be provisional,—
a: any elements of it relating to maximum trading hours or a one-way-door policy must be treated as secondary legislation under section 161A(2) subpart 2
b: the rest of it must be treated as not being secondary legislation
2: The disallowance under the Legislation Act 2019
3: Subsections (1) and (2) apply to any element of an amendment of a local alcohol policy relating to maximum trading hours or a one-way-door policy (whether an amendment of an existing element relating to one of those matters or the insertion of a new or substituted element relating to one of those matters) as if the adoption of the amendment were the adoption of a new policy. Section 89(1)﻿(a) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 89(1)﻿(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 89(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021
90: When local alcohol policy is in force
1: Once a provisional local alcohol policy has been adopted and ceased to be provisional, the territorial authority concerned—
a: must give public notice of its adoption; and
b: may then bring it into force on a day stated by resolution.
2: If subsection (6) applies to a local alcohol policy (or an amendment of a local alcohol policy),—
a: the element or elements (or modification or modifications) by virtue of which that subsection applies must not be brought into effect under subsection (1)﻿(b) on a day earlier than the day 3 months after the day on which public notice of its adoption was given; but
b: the rest of the policy or amendment may be brought into effect under subsection (1)﻿(b) on any day stated by resolution.
3: Subsection (2) overrides subsection (1).
4: Regulations prescribing the manner in which public notice of the adoption of a local alcohol policy must be given may require publication of the whole of a local alcohol policy adopted (or, in the case of an amendment of a local alcohol policy, the whole of the policy as amended).
5: Promptly after adopting a local alcohol policy or an amendment of a local alcohol policy to which subsection (6) applies, the territorial authority must take all reasonably practicable steps to give licensees affected by an element by virtue of which the subsection applies written notice of the adoption of the policy or amendment, and a brief written description of the effect of the element.
6: This subsection—
a: applies to a local alcohol policy if—
i: it contains an element having the effect of stating maximum trading hours for licensed premises, or licensed premises of any kind, that differ from those applying previously; or
ii: it contains an element having the effect of stating a new one-way door restriction for licensed premises, or licensed premises of any kind; and
b: applies to an amendment of a local alcohol policy if—
i: it modifies (in such a way as to change the maximum trading hours stated for licensed premises, or licensed premises of any kind) an element having the effect of stating maximum trading hours for licensed premises; or
ii: it modifies (in such a way as to change the one-way door restriction stated for licensed premises, or licensed premises of any kind) an element having the effect of stating a one-way door restriction for licensed premises.
91: Licensing authority to be given copy of local alcohol policy
1: Promptly after a local alcohol policy has been brought into force, the territorial authority concerned must give the licensing authority a copy.
2: Promptly after an amendment of a local alcohol policy has been brought into force, the territorial authority concerned must give the licensing authority a copy of the amendment, or of the policy as amended.
3: Promptly after the revocation of a local alcohol policy takes effect, the territorial authority concerned must notify the licensing authority that it has been revoked.
92: Licensing authority to keep register of local alcohol policies
1: The secretary of the licensing authority must keep a register of local alcohol policies in force (reflecting all amendments notified under section 91(2)
2: Any member of the public may, on payment of any prescribed fee, obtain an extract from the register from the secretary.
93: Relationship of local alcohol policies and district plans
1: A local alcohol policy may contain a policy more restrictive than the relevant district plan.
2: A local alcohol policy does not authorise any thing forbidden by the relevant district plan.
94: Local alcohol policies to be consistent with general law
1: A local alcohol policy must be consistent with this Act and the general law.
2: Subsection (1) is subject to section 93(1)
95: Amendment of local alcohol policies
1: A territorial authority may amend its local alcohol policy.
2: This Act, with any necessary modifications, applies to the amendment of a local alcohol policy as if it were the adoption of a local alcohol policy.
96: Revocation of local alcohol policies
1: A territorial authority may, by using the special consultative procedure,—
a: revoke its local alcohol policy, and adopt another in its place; or
b: revoke its local alcohol policy without adopting another in its place.
2: This Act, with any necessary modifications, applies to the revocation of a local alcohol policy and adoption of another in its place as if it were the adoption of a local alcohol policy.
97: Local alcohol policies to be reviewed every 6 years
A territorial authority that has a local alcohol policy must review it, using the special consultative procedure,—
a: no later than 6 years after it came into force; and
b: no later than 6 years after the most recent review of it was completed.
3: Licensing process: on-licences, off-licences, and club licences
98: Licences to which subpart applies
This subpart applies only to on-licences, off-licences, and club licences. Applications for licences
99: Applications to be made to licensing committee
1: An application for a licence must be filed with the licensing committee for the district in which the premises concerned are situated, unless it is an application for an on-licence for a conveyance.
2: An application for an on-licence for a conveyance must be filed with the licensing committee for the district in which the applicant's principal place of business in New Zealand is situated.
100: Form of application
An application for a licence—
a: must be made in the name of the person or club who will hold it if the application is granted; and
b: must be made in the prescribed form and manner; and
c: must contain the prescribed particulars; and
d: if it relates to any premises, must be accompanied by a statement by the applicant that—
i: the owner of the building in which the premises are situated provides and maintains an evacuation scheme as required by section 76
ii: because of the building's current use, its owner is not required to provide and maintain such a scheme; or
iii: because of the nature of the building, its owner is exempt from the requirement to provide and maintain such a scheme; and
e: must be accompanied by the prescribed fee; and
f: except in the case of an application relating to a conveyance, must be accompanied by a certificate by the territorial authority that the proposed use of the premises meets requirements of the Resource Management Act 1991 Section 100(d)﻿(i) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017
101: Notification requirements
An applicant for a licence must,—
a: within 10 working days after filing the application, ensure that notice of the application in the prescribed form is attached in a conspicuous place on or adjacent to the site to which the application relates; and
b: within 20 working days after filing the application, give public notice of the application.
102: Objections to applications
1: A person may object to the grant of a licence only if he or she has a greater interest in the application for the licence
2: An objection must be in writing and filed with the licensing committee within 15 working days after the first publication of the public notice of the making of the application.
3: No objection may be made in relation to a matter other than a matter specified in section 105
4: This subsection applies to an application—
a: for a licence for premises that is of the same kind as the licence currently in force for those premises; and
b: in which the conditions sought are the same as apply to that licence.
4A: In the case of an application to which subsection (4) applies, the ground for an objection may not relate to any matter other than the suitability of the applicant.
5: The secretary of the licensing committee concerned must give a copy of every objection to the applicant. Section 102(1) amended 17 December 2016 section 88 Statutes Amendment Act 2016 Section 102(4) replaced 26 March 2015 section 6 Sale and Supply of Alcohol Amendment Act 2015 Section 102(4A) inserted 26 March 2015 section 6 Sale and Supply of Alcohol Amendment Act 2015
103: Police, Medical Officer of Health, and inspector must inquire into applications
1: On receiving an application for a licence, the secretary of the licensing committee concerned must send a copy of it, and of each document filed with it, to—
a: the constable in charge of the police station nearest to—
i: the premises for which the licence is sought; or
ii: the secretary's office, where the licence is sought for a conveyance; and
b: an inspector; and
c: the Medical Officer of Health—
i: in whose district the premises are situated; or
ii: in whose district the applicant's principal place of business in New Zealand is situated, where the licence is sought for a conveyance.
2: The inspector must inquire into, and file with the licensing committee a report on, the application.
3: The Police and the Medical Officer of Health—
a: must each inquire into the application; and
b: if either has any matters in opposition to it, must file with the licensing committee a report on it within 15 working days after receiving the copy of it.
4: The licensing committee may assume that, if no report is received from the Police or Medical Officer of Health within 15 working days after the Police or Medical Officer of Health received the copy of the application
5: The secretary must send to the applicant a copy of any report filed with the licensing committee under this section. Section 103(4) amended 17 December 2016 section 89 Statutes Amendment Act 2016
104: Who decides application for licence
1: A licensing committee may decide any application for a licence.
2: With the leave of the chairperson of the licensing authority, a licensing committee may refer an application for a licence to the authority for decision.
3: The licensing committee must give the licensing authority the complete file relating to any application for a licence to be decided by the authority. The complete file
a: the application and any papers filed in support of it; and
b: a copy of the public notice of the application, and a statement of the dates of publication of the notice; and
c: any objection, and any papers filed in support of it; and
d: any reports made under section 103
e: the certificate referred to in section 100(f)
105: Criteria for issue of licences
1: In deciding whether to issue a licence, the licensing authority or the licensing committee concerned must have regard to the following matters:
a: the object of this Act:
b: the suitability of the applicant:
c: any relevant local alcohol policy:
d: the days on which and the hours during which the applicant proposes to sell alcohol:
e: the design and layout of any proposed premises:
f: whether the applicant is engaged in, or proposes on the premises to engage in, the sale of goods other than alcohol, low-alcohol refreshments, non-alcoholic refreshments, and food, and if so, which goods:
g: whether the applicant is engaged in, or proposes on the premises to engage in, the provision of services other than those directly related to the sale of alcohol, low-alcohol refreshments, non-alcoholic refreshments, and food, and if so, which services:
h: whether (in its opinion) the amenity and good order of the locality would be likely to be reduced, to more than a minor extent, by the effects of the issue of the licence:
i: whether (in its opinion) the amenity and good order of the locality are already so badly affected by the effects of the issue of existing licences that—
i: they would be unlikely to be reduced further (or would be likely to be reduced further to only a minor extent) by the effects of the issue of the licence; but
ii: it is nevertheless desirable not to issue any further licences:
j: whether the applicant has appropriate systems, staff, and training to comply with the law:
k: any matters dealt with in any report from the Police, an inspector, or a Medical Officer of Health made under section 103
2: The authority or committee must not take into account any prejudicial effect that the issue of the licence may have on the business conducted pursuant to any other licence.
106: Considering effects of issue or renewal of licence on amenity and good order of locality
1: In forming for the purposes of section 105(1)﻿(h)
a: the following matters (as they relate to the locality):
i: current, and possible future, noise levels:
ii: current, and possible future, levels of nuisance and vandalism:
iii: the number of premises for which licences of the kind concerned are already held; and
b: the extent to which the following purposes are compatible:
i: the purposes for which land near the premises concerned is used:
ii: the purposes for which those premises will be used if the licence is issued.
2: In forming for the purposes of section 131(1)﻿(b)
a: current, and possible future, noise levels:
b: current, and possible future, levels of nuisance and vandalism.
107: Authority or committee may refuse licence even if application not opposed
The licensing authority or licensing committee concerned may, having regard to any matter stated in section 105 section 102 section 103
108: Licence may be refused if contrary to local alcohol policy
The licensing authority or licensing committee concerned may refuse to issue a licence if—
a: there is any relevant local alcohol policy; and
b: in its opinion, the issue of the licence, or the consequences of the issue of the licence, would be inconsistent with the policy.
109: Conditions may be imposed if required by local alcohol policy
The licensing authority or licensing committee concerned may issue a licence subject to particular conditions if—
a: there is any relevant local alcohol policy; and
b: in its opinion, the issuing of the licence, or the consequences of the issuing of the licence, without those conditions would be inconsistent with the policy.
110: Particular conditions: on-licences and club licences
1: The licensing authority or licensing committee concerned may issue an on-licence or club licence subject to conditions of any or all of the following kinds:
a: conditions prescribing steps to be taken by the licensee to ensure that the provisions of this Act relating to the sale or supply of alcohol to prohibited persons are observed:
b: conditions prescribing steps to be taken by the licensee to ensure that the provisions of this Act relating to the management of the premises concerned are observed:
c: conditions prescribing the people or kinds of person to whom alcohol may be sold or supplied:
d: conditions imposing one-way door restrictions:
e: in the case of a club licence or an on-licence endorsed under section 37
2: The licensing authority or licensing committee concerned must ensure that every on-licence and club licence it issues is issued subject to conditions—
a: stating the days on which and the hours during which alcohol may be sold and supplied; and
b: if there are in force regulations under this Act empowering the authority or committee to determine different levels of licensing fee prescribed by the regulations for premises of different kinds, stating the fees payable for the licensing of the premises concerned; and
c: stating (directly or by description) a place or places on the premises at which drinking water is to be freely available to customers while the premises are open for business.
3: In deciding the conditions under subsection (2)﻿(a) subject to which a licence is to be issued, the licensing authority or licensing committee concerned may have regard to the site of the premises in relation to neighbouring land use.
4: Subsection (1)﻿(c) is subject to the Human Rights Act 1993
111: Imposition of one-way door restrictions by condition
1: A condition imposing one-way door restriction on a licence may be created simply by issuing or renewing the licence subject to a condition—
a: stating that the licence is subject to a one-way door restriction; and
b: stating the day or days on which and the periods when the restriction applies.
2: To the extent (if any) that elements of a one-way door restriction imposed on a licence are more restrictive than the equivalent elements of an applicable one-way door restriction in a relevant local alcohol policy, the more restrictive elements prevail.
112: Compulsory conditions relating to display and promotion of alcohol in single area in supermarkets and grocery stores
1: The purpose of this section and sections 113 114
2: The licensing authority or licensing committee concerned must ensure that, when it issues or renews an off-licence for premises that are a supermarket or grocery store, it imposes on the licence a condition describing one area within the premises as a permitted area for the display and promotion of alcohol.
3: On the renewal of an off-licence for premises that are a supermarket or grocery store, any single-area condition imposed when the licence was issued (or was last renewed) expires.
4: Subsection (3) is subject to section 115(4)
113: Describing alcohol areas
1: The licensing authority or licensing committee concerned must have regard to section 112(1)
a: when describing an alcohol area; and
b: when taking any other action under this section; and
c: when forming any opinion for the purposes of this section.
2: An alcohol area must be described by means of a plan of the footprint of the premises concerned (or, in the case of premises on more than one level, a plan of the footprint of the level on which the area is or is to be located) showing—
a: the proposed configuration and arrangement (or, in the case of the renewal of a licence, the existing or any proposed new configuration and arrangement) of the premises or level; and
b: the perimeter of the area.
3: The area may be so described that it is divided into 2 or 3 sub-areas; and in that case,—
a: the perimeter of each sub-area must be separately described; and
b: the licensing authority or licensing committee concerned must designate one sub-area as the core area and one sub-area as the secondary area, and (if the area is divided into 3 sub-areas) must designate one sub-area as the overflow area.
4: The perimeter of the area or any sub-area may pass through the proposed locations (or, in the case of the renewal of a licence, any existing or proposed new locations) of any display units.
5: The authority or committee must describe an alcohol area within the premises only if, in its opinion,—
a: it is a single area; and
b: the premises are (or will be) so configured and arranged that the area does not contain any part of (or all of)—
i: any area of the premises through which the most direct pedestrian route between any entrance to the premises and the main body of the premises passes; or
ii: any area of the premises through which the most direct pedestrian route between the main body of the premises and any general point of sale passes.
6: For the purposes of this section and section 114 general point of sale
a: a checkout, till, or cashbox where goods other than alcohol (or alcohol and goods other than alcohol) may be bought; or
b: a device by which goods other than alcohol (or alcohol and goods other than alcohol) may be paid for without the involvement of any person other than the buyer.
114: Effect of single-area conditions
1: Every single-area condition takes effect as a condition that the licensee of the premises concerned must ensure that—
a: no display or promotion of, or advertisement for, alcohol occurs on the premises at any place outside the alcohol area; and
b: the premises are not reconfigured or rearranged in a way whose effect (whether intentional or not) is that the alcohol area contains—
i: any area of the premises through which the most direct pedestrian route between any entrance to the premises and the main body of the premises passes; or
ii: any area of the premises through which the most direct pedestrian route between the main body of the premises and any general point of sale passes.
2: If the alcohol area has not been so described that it is divided into 2 or 3 sub-areas, a single-area condition also takes effect as a condition that the licensee of the premises concerned must ensure that no display or promotion of, or advertisement for, a product that is not alcohol occurs on the premises at any place inside the alcohol area.
3: If the alcohol area has been so described that it is divided into 2 sub-areas, a single-area condition also takes effect as a condition that the licensee of the premises concerned must ensure that—
a: no display or promotion of, or advertisement for, a product that is not alcohol occurs on the premises at any place inside the sub-area designated as the core sub-area; and
b: no display or promotion of, or advertisement for, a product that is not alcohol occurs on the premises at any place inside the sub-area designated as the secondary sub-area unless it occurs at a time when no display or promotion of, or advertisement for, alcohol is occurring inside that sub-area.
4: If the alcohol area has been so described that it is divided into 3 sub-areas, a single-area condition also takes effect as a condition that the licensee of the premises concerned must ensure that—
a: no display or promotion of, or advertisement for, a product that is not alcohol occurs on the premises at any place inside the sub-area designated as the core sub-area; and
b: no display or promotion of, or advertisement for, a product that is not alcohol occurs on the premises at any place inside the sub-area designated as the secondary sub-area unless it occurs at a time when—
i: no display or promotion of, or advertisement for, alcohol is occurring inside that sub-area; and
ii: no display or promotion of, or advertisement for, alcohol is occurring inside the sub-area designated as the overflow sub-area; and
c: no display or promotion of, or advertisement for, a product that is not alcohol occurs on the premises at any place inside the sub-area designated as the overflow sub-area unless it occurs at a time when no display or promotion of, or advertisement for, alcohol is occurring inside that sub-area.
4A: The effect of a single-area condition set out in subsections (1) to (4) does not apply in relation to the display or promotion of, or the advertisement for, low-alcohol or non-alcoholic beer, wine, or mead.
5: For the purposes of this section,—
a: neither of the following is a promotion of alcohol:
i: a sign (consistent with other general signage in the supermarket or grocery store concerned) giving directions to, or describing the location of, an area where alcohol is available for purchase:
ii: a newspaper, magazine, or catalogue containing a promotion of or advertisement for alcohol; and
b: described section 113
c: designated section 113(3)﻿(b)
d: low-alcohol or non-alcoholic beer, wine, or mead section 58(1)﻿(a) to (d) Section 114(4A) inserted 13 December 2016 section 6(1) Sale and Supply of Alcohol (Display of Low-alcohol Beverages and Other Remedial Matters) Amendment Act 2016 Section 114(5)﻿(c) amended 13 December 2016 section 6(2) Sale and Supply of Alcohol (Display of Low-alcohol Beverages and Other Remedial Matters) Amendment Act 2016 Section 114(5)﻿(d) inserted 13 December 2016 section 6(3) Sale and Supply of Alcohol (Display of Low-alcohol Beverages and Other Remedial Matters) Amendment Act 2016
115: Application of single-area conditions can be delayed for some renewals
1: In this section, new single-area condition
a: that is imposed on the renewal of an off-licence that is not subject to a single-area condition; or
b: that—
i: is imposed on the renewal of an off-licence that is subject to a single-area condition; but
ii: is (in the opinion of the licensing authority or licensing committee concerned) materially different from that condition.
2: When imposing a new single-area condition, the licensing authority or licensing committee concerned may state a period (not exceeding 18 months) from the day on which the renewal concerned takes effect during which the condition will not apply.
3: The period stated must be no longer than (in the opinion of the licensing authority or licensing committee concerned) is reasonably necessary to enable the licensee to configure the premises concerned so that the new single-area condition can be complied with.
4: When stating a period under subsection (2), the licensing authority or licensing committee concerned may state any other conditions (being conditions the authority or committee thinks reasonable) to apply while the new single-area condition does not apply.
5: Until the new single-area condition applies, the other conditions take effect as conditions imposed under section 117 132
6: If the licensing authority or licensing committee concerned does not state a period under subsection (2) on renewing an off-licence subject to a new single-area condition, the new condition applies as soon as the renewal takes effect.
116: Particular discretionary conditions, and other compulsory conditions: off-licences
1: The licensing authority or licensing committee concerned may issue an off-licence subject to conditions of any or all of the following kinds:
a: conditions prescribing steps to be taken by the licensee to ensure that the provisions of this Act relating to the sale of alcohol to prohibited persons are observed:
b: conditions prescribing the people or kinds of person to whom alcohol may be sold or supplied:
c: in the case of premises where (in the opinion of the authority or committee) the principal business carried on is not the manufacture or sale of alcohol, conditions relating to the kind or kinds of alcohol that may be sold or delivered on or from the premises.
2: The licensing authority or licensing committee concerned must ensure that every off-licence it issues is issued subject to conditions—
a: stating the days on which and the hours during which alcohol may be sold or delivered; and
b: if there are in force regulations under this Act empowering the authority or committee to determine for premises of different kinds different levels of licensing fee prescribed by the regulations, stating the fees payable for the licensing of the premises concerned; and
c: stating (directly or by description) a place or places on the premises at which drinking water is to be freely available to customers, while alcohol is being supplied free as a sample on the premises.
3: In deciding the conditions under subsection (2)﻿(a) subject to which a licence is to be issued, the licensing authority or licensing committee concerned may have regard to the site of the premises in relation to neighbouring land use.
4: Subsection (1)﻿(b) is subject to the Human Rights Act 1993
117: Other discretionary conditions
1: The licensing authority or licensing committee concerned may issue any licence subject to any reasonable conditions not inconsistent with this Act.
2: The generality of subsection (1) is not limited or affected by any other provision of this Act.
118: Different conditions may apply to different parts of premises
Any condition subject to which a licence is issued may do either or both of the following:
a: apply differently to different parts of the premises:
b: apply differently to the same part of the premises at different times, on different days, or both.
119: Restricted and supervised areas
1: The licensing authority or licensing committee concerned must do one of the things described in subsection (3) when issuing an on-licence for a hotel or a tavern.
2: The licensing authority or licensing committee concerned may do one of the things described in subsection (3) when issuing a licence of any kind for any premises other than a hotel or a tavern.
3: The things referred to in subsections (1) and (2) are—
a: designate all of the premises—
i: an area to which minors must not be admitted; or
ii: an area to which minors must not be admitted unless accompanied by a parent or guardian:
b: designate a part (or any of 2 or more parts) of the premises an area to which minors must not be admitted:
c: designate a part (or any of 2 or more parts) of the premises an area to which minors must not be admitted unless accompanied by a parent or guardian:
d: both—
i: designate a part (or any of 2 or more parts) of the premises an area to which minors must not be admitted; and
ii: designate a part (or any of 2 or more parts) of the premises an area to which minors must not be admitted unless accompanied by a parent or guardian. Variation of conditions
120: Variation of conditions
1: The holder of a licence may at any time apply to the licensing committee to vary or cancel any condition of the licence (whether the condition was imposed by the licensing authority or the committee).
2: The application must be made in the prescribed form and manner and be accompanied by any prescribed fee.
3: The applicant must comply with the notification requirements in section 101
4: A person may object to the grant of the application if he or she has a greater interest in the application than the public generally.
5: Every objection must comply with the requirements set out in section 102(2) to (5)
6: Sections 103 104
7: In considering the application, the licensing authority or licensing committee concerned must have regard to any relevant matter that is specified in section 105
8: In deciding whether or not, or to what extent, to vary any conditions imposed on a licence, the licensing authority or licensing committee concerned must have regard to any inconsistency between the conditions as proposed to be varied and any relevant local alcohol policy. Duration
121: Licence expires when new licence issued for same premises
A licence of any kind expires when another licence of the same kind is issued for the premises concerned.
122: Expiry or renewal of licences
1: In this section,— end of its currency
a: for a licence that has been renewed before, means the close of the last day of the period for which it was last renewed:
b: for a licence that has not been renewed before, means the close of the day 12 months after the day it was issued end of the prospective renewal period
a: for a licence that has been renewed before, means the close of the day 3 years after the last day of the period for which it was last renewed:
b: for a licence that has not been renewed before, means the close of the day 4 years after the day it was issued.
2: If no application to renew a licence has been made before the end of its currency, it expires at the end of its currency.
3: A licence expires as provided in subsection (4) or (5), or continues in force as provided in subsection (6), if—
a: an application to renew it has been made before the end of its currency; but
b: it has not been renewed before the end of its currency.
4: If a decision to refuse to renew the licence has been made before the end of the prospective renewal period, it expires on the day stated under section 135(2)
5: If no decision on the application to renew the licence has been made before the end of the prospective renewal period, it expires at the end of the prospective renewal period.
6: If a decision to renew the licence is made before the end of the prospective renewal period, its renewal takes effect (for the period stated under section 135(1)
123: Application of section 122
Section 122
a: the requirements of this Act relating to the payment of fees; and
b: the provisions of this Act relating to the suspension, cancellation, and surrender of licences.
124: Application for renewal lapses if licence expires
An application for the renewal of a licence lapses when the licence expires. Renewals
125: Restriction on renewal of off-licences
The licensing authority or licensing committee concerned must not renew an off-licence unless—
a: the premises are premises for which (by virtue of section 32 34 35
b: the licence has continuously been held by a club since before the commencement of section 28
126: Renewal of licence held by auctioneer or caterer
The licensing authority or licensing committee concerned must not renew a licence endorsed under section 38 39
127: Application for renewal of licence
1: The holder of a licence may apply in accordance with this section to renew the licence.
2: Every application for renewal—
a: must be filed with the licensing committee with which the application for the licence was filed; and
b: must be made no later than 20 working days before the expiry of the licence, or by such later date (not being later than the date of the expiry of the licence) as the licensing committee may allow; and
c: must be made in the prescribed form and manner; and
d: must contain the prescribed particulars; and
e: if it relates to any premises, must be accompanied by a statement by the applicant that—
i: the owner of the building in which the premises are situated provides and maintains an evacuation scheme as required by section 76
ii: because of the building's current use, its owner is not required to provide and maintain such a scheme; or
iii: because of the nature of the building, its owner is exempt from the requirement to provide and maintain such a scheme; and
f: must be accompanied by the prescribed fee.
3: The applicant must comply with the notification requirements set out in section 101 Section 127(2)﻿(e)﻿(i) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017
128: Objections to renewal
1: A person may object to a renewal of a licence if he or she has a greater interest in the application than the public generally.
2: Every objection must be in writing, and must be filed with the licensing committee within 15 working days after the first publication of the public notice of the making of the application.
3: No objection may be made in relation to any matter other than those stated in section 131
4: The secretary must send a copy of every objection to the applicant.
129: Police, Medical Officer of Health, and inspector must inquire into application
The obligations of the secretary, Police, Medical Officer of Health, and inspector set out in section 103
130: Who decides application for renewal
1: A licensing committee may decide any application for renewal of a licence.
2: With the leave of the chairperson of the licensing authority a licensing committee may refer any application for renewal of a licence to the authority for decision.
3: The licensing committee must forward the complete file relating to the application to the licensing authority. The complete file
a: the application and any papers filed in support of the application; and
b: a copy of the public notice of the application, and a statement of the dates of publication of the notice; and
c: any objection and any papers filed in support of the objection; and
d: any reports made under section 103
131: Criteria for renewal
1: In deciding whether to renew a licence, the licensing authority or the licensing committee concerned must have regard to the following matters:
a: the matters set out in paragraphs (a) to (g), (j), and (k) of section 105(1)
b: whether (in its opinion) the amenity and good order of the locality would be likely to be increased, by more than a minor extent, by the effects of a refusal to renew the licence:
c: any matters dealt with in any report from the Police, an inspector, or a Medical Officer of Health made by virtue of section 129
d: the manner in which the applicant has sold (or, as the case may be, sold and supplied), displayed, advertised, or promoted alcohol.
2: The authority or committee must not take into account any prejudicial effect that the renewal of the licence may have on the business conducted pursuant to any other licence.
132: Imposition of conditions on renewal
1: When renewing a licence of any kind, the licensing authority or the licensing committee concerned—
a: may impose any conditions subject to which it may issue a licence of that kind; and
b: must impose any conditions subject to which it must issue a licence of that kind; and
c: may, whether consequentially or not, vary or cancel any conditions applying to the licence before its renewal (whether they are conditions subject to which the licence was issued or conditions imposed on some earlier renewal).
2: A condition imposed—
a: has the same effect as it would if it were a condition subject to which the licence was issued; and (in particular) a failure or refusal to comply with it has the same effect, and may result in the same consequences, as a failure or refusal to comply with a condition subject to which the licence was issued; and
b: may be varied under section 120
3: Subsection (1) applies to all renewals of licences, whether they were issued under this Act or a former licensing Act. Matters that relate to decisions to renew licences
133: Renewal of licences where relevant local alcohol policy exists
1: In considering whether to renew a licence, the licensing authority or licensing committee concerned must not take into account any inconsistency between a relevant local alcohol policy and—
a: the renewal of the licence; or
b: the consequences of its renewal.
2: The licensing authority or licensing committee concerned may impose particular conditions on any licence it renews if—
a: there is any relevant local alcohol policy; and
b: it considers that the renewal of the licence, or the consequences of the renewal of the licence, without those conditions imposed on it would be inconsistent with the policy.
134: Licensing committee may decide certain application on papers
The licensing committee may decide an application for renewal of a licence on the papers if there are no reports opposing renewal, or objections.
135: Decision on renewal
1: After considering an application for the renewal of a licence, the licensing authority or the licensing committee concerned may, subject to section 133
a: the conditions presently attaching to it; or
b: any different conditions, relating to any matter, that the authority or committee thinks fit.
2: If the licensing authority or the committee Section 135(2) amended 26 March 2015 section 7 Sale and Supply of Alcohol Amendment Act 2015 Temporary authorities
136: Temporary authorities: on-licences and off-licences
1: A licensing committee may, on the application of a person who appears to the committee to have any right, title, estate, or interest in any premises, or any business conducted in any premises, for which an on-licence or off-licence is in force, make an order authorising the applicant (or some suitable person nominated by the applicant) to carry on the sale and supply of alcohol for a period, not exceeding 3 months, stated in the order.
2: The application must be made in the prescribed form and manner and be accompanied by the prescribed fee.
3: The committee may hear and determine the application without notice, or direct that notice of the application and the time and place fixed for any hearing be served on any persons and in any manner the committee specifies.
4: On making an order, the committee or the chair (as the case may be)
a: must impose any conditions that this Act requires an on-licence or off-licence (as the case requires) to be issued subject to; and
b: may impose any conditions that this Act enables an on-licence or off-licence (as the case requires) to be issued subject to; and
c: may impose any other reasonable conditions it thinks fit.
4A: Despite subsection (1), if the application is uncontested, the chair of the committee may make an order instead of the committee.
5: The person authorised by the order has for the purposes of this Act the same duties, obligations, and liabilities as the holder of the on-licence or off-licence concerned.
6: For the purposes of this section, if the chair of the committee makes an order instead of the committee, a reference to the committee in any other relevant provision of this Act is to be treated as a reference to the chair. 1989 No 63 ss 24 47 Section 136(4) amended 24 October 2019 section 134(1) Statutes Amendment Act 2019 Section 136(4A) inserted 24 October 2019 section 134(2) Statutes Amendment Act 2019 Section 136(6) inserted 24 October 2019 section 134(3) Statutes Amendment Act 2019
4: Licensing process: special licences
Applications for special licences
137: Filing of applications
1: An application for a special licence must be filed, at least 20 working days before the day on which the event concerned begins,—
a: with the licensing committee for the district in which the premises concerned are situated, if it is an application for a licence for premises that are not a conveyance:
b: with the licensing committee for the district in which the applicant's principal place of business in New Zealand is situated, if it is an application for a licence for a conveyance.
2: The licensing committee may consider an application for a special licence filed less than 20 working days before the day on which the event concerned begins, if satisfied that the need for a special licence could not reasonably have been foreseen earlier.
3: If (under subsection (2)) the licensing committee decides to consider an application for a special licence filed less than 20 working days before the day on which the event concerned begins,—
a: it must, after consulting the Police and the Medical Officer of Health, fix a period of less than 15 working days after receiving a copy of the application within which reports from the Police or Medical Officer of Health must be received; and
b: it must notify the Police, an inspector, and the Medical Officer of Health of the period fixed when sending copies of the application under section 141(1)
4: If the licensing committee fixes under subsection (3) a period of less than 15 working days, the references in section 141 1989 No 63 s 76(2)
138: Form of application
An application for a special licence—
a: must be made in the name of the person who will hold it if the application is granted; and
b: must state whether the applicant wishes the licence to be designated as an on-site special licence, an off-site special licence, or both; and
c: must be made in the prescribed form and manner; and
d: must contain the prescribed particulars; and
e: must be accompanied by the prescribed fee. 1989 No 63 s 76(1)
139: Notification requirements
An applicant for a special licence—
a: must comply with any applicable notification requirements prescribed by regulations made under this Act; and
b: if required to do so by the secretary of the licensing committee concerned, must, within 10 working days after filing the application, ensure that notice of the application in the prescribed form is attached in a conspicuous place on or adjacent to the site to which the application relates. 1989 No 63 s 76(4)
140: Objections to applications
1: A person may object to the grant of a special licence only if—
a: he or she has a greater interest in the application for it than the public generally; and
b: the secretary of the licensing committee concerned has under section 139(b)
2: An objection must be in writing, and filed with the licensing committee within any period the secretary requires after the applicant has complied with the requirement under section 139(b)
3: No objection may be made in relation to a matter other than a matter specified in section 142
4: The secretary must give a copy of every objection to the applicant. 1989 No 63 s 77
141: Inquiry into applications by Police, inspector, and Medical Officer of Health
1: On receiving an application for a special licence, the secretary of the licensing committee concerned must send a copy of it, and of each document filed with it, to—
a: the constable in charge of the police station nearest to—
i: the premises for which the licence is sought; or
ii: the secretary's office, where the licence is sought for a conveyance; and
b: an inspector; and
c: the Medical Officer of Health—
i: in whose district the premises are situated; or
ii: in whose district the applicant's principal place of business in New Zealand is situated, where the licence is sought for a conveyance.
2: The inspector must inquire into, and file with the licensing committee a report on, the application.
3: The Police—
a: must inquire into the application; and
b: if they have any matters in opposition to it, must file with the licensing committee a report on it within 15 working days after receiving the copy of it.
4: The Medical Officer of Health—
a: may inquire into the application; and
b: if he or she has any matters in opposition to it, may file with the licensing committee a report on it within 15 working days after receiving the copy of it.
5: The licensing committee may assume that, if no report is received from the Police or Medical Officer of Health within 15 working days after the Police or Medical Officer of Health received the copy of the application
6: The secretary must send to the applicant a copy of any report filed with the licensing committee under this section.
7: This section is subject to section 137(4) 1989 No 63 s 78 Section 141(5) amended 17 December 2016 section 90 Statutes Amendment Act 2016
142: Criteria for issue of special licences
1: In deciding whether to issue a special licence, the licensing committee concerned must have regard to the following matters:
a: the object of this Act:
b: the nature of the particular event for which the licence is sought and, in particular,—
i: whether the applicant is engaged in, or proposes at the event to engage in, the sale of goods other than alcohol, low-alcohol refreshments, non-alcoholic refreshments, and food, and if so, which goods; and
ii: whether the applicant is engaged in, or proposes at the event to engage in, the provision of services other than those directly related to the sale of alcohol, low-alcohol refreshments, non-alcoholic refreshments, and food, and if so, which services:
c: the suitability of the applicant:
d: any relevant local alcohol policy:
e: whether (in its opinion) the amenity and good order of the locality would be likely to be reduced, by more than a minor extent, by the effects of the issue of the licence:
f: the days on which and the hours during which the applicant proposes to sell alcohol:
g: the design and layout of the premises concerned:
h: whether the applicant has appropriate systems, staff and training to comply with the law:
i: any areas of the premises that the applicant proposes should be designated as restricted areas or supervised areas:
j: any steps the applicant proposes to take to ensure that the requirements of this Act in relation to the sale and supply of alcohol to prohibited persons are observed:
k: the applicant's proposals relating to—
i: the sale and supply of non-alcoholic drinks and food; and
ii: the sale and supply of low-alcohol drinks; and
iii: the provision of help with or information about alternative forms of transport from the premises:
l: any matters dealt with in any report from the Police, the Medical Officer of Health, or an inspector made under section 141
2: The licensing committee must not take into account any prejudicial effect that the issue of the special licence may have on the business conducted pursuant to any other licence. 1989 No 63 s 79
143: Additional requirements for large-scale events
1: If, in the opinion of the licensing committee concerned, an application for a special licence relates to a large-scale event, the committee may do any or all of the following:
a: require the applicant to provide the committee with a management plan describing how the applicant proposes to deal with matters such as security, monitoring, interaction with local residents, and public health concerns:
b: require the applicant to provide the committee with a certificate by the territorial authority that the proposed use of the premises meets the requirements of the Resource Management Act 1991
c: require the applicant to liaise with the Police and the territorial authority on planning for the event.
2: In deciding whether to issue a special licence, the licensing committee concerned may have regard to the following matters (in addition to the matters stated in section 142(1)
a: whether, and how well, the applicant has complied with any requirement under subsection (1)﻿(a):
b: whether, and how well, the applicant has complied with any requirement under subsection (1)﻿(c), and whether the Police and the territorial authority are satisfied with any liaison that has taken place.
144: Licensing committee may refuse special licence of own motion
The licensing committee concerned may, having regard to any matter stated in section 142 section 140 section 141
145: Special licence may be refused if contrary to local alcohol policy
The licensing committee concerned may refuse to issue a special licence if—
a: there is any relevant local alcohol policy; and
b: in its opinion, the issue of the licence, or the consequences of the issue of the licence, would be inconsistent with the policy.
146: Conditions may be imposed if required by local alcohol policy
The licensing committee concerned may issue a special licence subject to particular conditions if—
a: there is any relevant local alcohol policy; and
b: in its opinion, the granting of the licence, or the consequences of the granting of the licence, without those conditions would be inconsistent with the policy.
147: Particular discretionary conditions and compulsory conditions: special licences
1: The licensing committee concerned may issue a special licence subject to conditions of any or all of the following kinds:
a: conditions prescribing steps to be taken by the licensee to ensure that the provisions of this Act relating to the sale of alcohol to prohibited persons are observed:
b: conditions prescribing the people or kinds of person to whom alcohol may be sold or supplied:
c: in the case of premises where (in the opinion of the committee) the principal business carried on is not the manufacture or sale of alcohol, conditions relating to the kind or kinds of alcohol that may be sold or delivered on or from the premises:
d: conditions requiring the provision of food for consumption on the premises concerned:
e: conditions requiring low-alcohol beverages to be available for sale and supply:
f: conditions requiring non-alcoholic beverages to be available for sale and supply:
g: conditions requiring assistance with or information about alternative forms of transport from the premises concerned to be available:
h: conditions requiring the exclusion of the public from the premises concerned:
i: conditions—
i: requiring alcohol to be sold and supplied on the premises concerned only in containers of certain descriptions; or
ii: requiring alcohol not to be sold and supplied on the premises concerned in containers of certain descriptions:
j: conditions requiring the filing of returns relating to alcohol sold pursuant to the licence:
k: any conditions of a kind subject to which any licence may be issued under section 110 116
l: any reasonable conditions that, in the committee's opinion, are not inconsistent with this Act.
2: The licensing committee concerned may do one of the things described in section 119(3)
3: The licensing committee concerned must ensure that every special licence it issues is issued subject to conditions—
a: stating the days on which and the hours during which alcohol may be sold or delivered; and
b: stating (directly or by description) a place or places on the premises at which drinking water is to be freely available to customers while the event (or any of the events) described in it is taking place.
4: In deciding the conditions under subsection (3)﻿(a) subject to which a licence is to be issued, the licensing committee concerned may have regard to the site of the premises in relation to neighbouring land use.
5: Subsection (1)﻿(b) is subject to the Human Rights Act 1993 1989 No 63 s 80
148: Different conditions may apply in certain cases
1: A special licence may be issued subject to conditions applying differently to different parts of the premises concerned.
2: A special licence designated as both an on-site special licence and an off-site special licence may be issued subject to conditions applying differently to the activities to be undertaken by virtue of the different designations.
149: Duration of special licences
1: A special licence is in force as follows:
a: if issued for a single event, it is in force on the day or days on which the event occurs:
b: if issued for a series of events, it is in force for the lesser of the following periods:
i: the period during which the events occur:
ii: the 12 months after its issue:
c: if issued to the holder of an on-licence or a club licence, for the premises for which the on-licence or club licence is held, it is in force—
i: for a period (of not more than 12 months) after its issue stated by the licensing committee concerned when issuing it; or
ii: if no period is stated, for 12 months after its issue.
2: If a single event, or any part of a single event, for which a special licence is issued is postponed to some other day, the licence is in force on the day on which the event or part takes place. 1989 No 63 s 82
150: Display of special licences
1: On issuing a special licence, the licensing committee concerned may give any directions relating to the display of the licence, and of the conditions subject to which it is issued, the committee thinks necessary or desirable.
2: The holder of a special licence must ensure that all directions under subsection (1) are complied with. 1989 No 63 s 83 Other matters
151: Medical Officer of Health may delegate functions
1: A Medical Officer of Health may delegate to any person the exercise or performance of any or all of his or her powers or functions under this Act in relation to the health district concerned.
2: The Medical Officer of Health may delegate the exercise or performance of any power or function to a person only if satisfied that he or she is suitably qualified or trained to exercise or perform it.
3: A delegation must be written, and must—
a: contain a reference to this section; and
b: state the full name of the delegate; and
c: state the name of the health district.
5: Appeals
Effect of decisions when appeal may be filed or while appeal is pending
152: Suspension of certain decisions (by licensing committee or licensing authority) to grant licence or manager's certificate
1: This section applies to every decision to grant an application for a licence or a manager's certificate if—
a: an objection to the application has been duly filed and has not been withdrawn; or
b: a report has been submitted by the Police or an inspector or an employee, volunteer, or contractor of Fire and Emergency New Zealand
2: A decision to which this section applies has no effect during the period allowed for filing an appeal against the decision and, if an appeal is filed against the decision, also has no effect while the appeal is pending.
3: Where an appeal relates to a decision to which this section applies but is limited to 1 or more conditions that form part of the decision, the appellate tribunal may, subject to any conditions the appellate tribunal thinks fit to impose, order that the decision is to have effect while the appeal is pending.
4: An order under subsection (3) may only be made if the appellate tribunal is satisfied that all parties to the appeal agree to the order, including any conditions imposed by the tribunal.
5: No appeal may be brought against a refusal to make an order under subsection (3).
6: In this section and in section 153 appellate tribunal 1989 No 63 s 147 Section 152(1)﻿(b) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017
153: Effect of appeal against other decisions
1: This section applies to every decision that is not a decision to which section 152
2: A decision to which this section applies has effect during the period allowed for filing an appeal against the decision and, if an appeal is filed against the decision, also has effect while the appeal is pending.
3: However, the appellate tribunal may, on its own initiative or on an application made for the purpose, order that a decision to which this section applies is not to have effect while the appeal is pending.
4: Despite subsection (3), an appellate tribunal may not make an order under that subsection in relation to a decision made under section 286
5: Where an appellate tribunal makes an order under subsection (3) in relation to a decision to refuse to renew, to suspend, or to cancel any licence or manager's certificate, the licence or manager's certificate must, if the appeal is not finally determined on or before the expiry of the licence or certificate, be deemed to be extended until the final determination of the appeal. 1989 No 63 s 147A Appeals to licensing authority
154: Who may appeal
Any party to any proceedings before a licensing committee who is dissatisfied with the decision or any part of the decision may appeal to the licensing authority against the decision or any part of the decision. 1989 No 63 s 137(1)
155: Procedure for commencing appeal
1: An appeal under section 154
2: Despite subsection (1), on the application of any person having a right of appeal under this section, the licensing authority may extend the time for making an appeal to any time it sees fit if the licensing authority is of the opinion that there was reasonable cause for the failure or inability of the appellant to give notice within the prescribed time.
3: The notice of appeal must—
a: be in writing; and
b: specify the grounds of appeal in sufficient detail to fully inform the licensing authority and other parties of the issues in the appeal; and
c: be sent to the secretary of the licensing authority; and
d: be accompanied by the prescribed fee.
4: The Police, inspectors, and Medical Officers of Health are not required to pay the prescribed fee.
5: Either before or immediately after the notice of appeal is sent to the secretary of the licensing authority, a copy of the notice must be served on each of the other parties to the proceedings before the licensing committee, and a copy left with the secretary of that licensing committee.
6: As soon as possible after the receipt by the secretary of the licensing committee of a copy of a notice of appeal, the secretary must send to the secretary of the licensing authority—
a: any application and supporting documents filed with the licensing committee, and any written submissions, statements, reports, and other papers relating to the decision appealed against:
b: a copy of any notes or other record made by the licensing committee of the evidence given at the hearing:
c: any exhibits in the custody of the licensing committee:
d: a copy of the decision appealed against. 1989 No 63 s 137(1)–(5)
156: Adjournment if notice of appeal not given
1: If the licensing authority is not satisfied that a copy of the notice of appeal has been given to each of the other parties to the proceedings before the licensing committee, the licensing authority may adjourn the proceedings and give directions for the service of copies of the notice as it thinks fit.
2: Every person on whom a copy of the notice of appeal is served is entitled to attend as a party to the proceedings before the licensing authority.
157: Appeals by way of rehearing
1: Every appeal is by way of rehearing.
2: However, where any question of fact is involved in any appeal, the evidence taken before the licensing committee bearing on the question must, subject to any special order, be brought before the licensing authority as follows:
a: as to any evidence given orally, by the production of a copy of the chairperson of the licensing committee's note or of a written statement read by the witness while under oath, or of such other materials as the licensing committee may consider expedient:
b: as to any evidence taken by affidavit and as to any exhibits, by the production of the affidavits and such of the exhibits as may have been forwarded to the licensing authority by the licensing committee, and by the production by the parties to the appeal of such exhibits as are in their custody.
3: Despite subsection (2), the licensing authority may in its discretion rehear the whole or any part of the evidence, and must rehear the evidence of any witness if the licensing authority has reason to believe that any note of the evidence of that witness made by the chairperson of the licensing committee is or may be incomplete in any material particular.
4: The licensing authority has full discretionary power to hear and receive further evidence on questions of fact, either by oral evidence or by affidavit.
5: The secretary of the licensing authority must also return to the secretary of the licensing committee any application, papers, and exhibits forwarded by the secretary of the licensing committee under section 155(6)
158: Determination of appeal
On hearing an appeal, the licensing authority may confirm, modify, or reverse the decision under appeal. Appeals to High Court
159: Who may appeal to High Court
Any party may appeal to the High Court against a decision of the licensing authority if—
a: the proceedings concerned commenced in the licensing authority; or
b: a licensing committee referred the proceedings concerned to the licensing authority for decision. 1989 No 63 s 137(6)–(9)
160: Procedure for commencing appeal
1: An appeal under section 159
2: Subject to sections 152 and 153 161 to 166
3: Either before or immediately after the filing of the notice of appeal, the appellant must leave a copy with the secretary of the licensing authority.
4: As soon as possible after the receipt by the secretary of the licensing authority of a copy of a notice of appeal, the secretary must send to the office of the High Court in which the appeal has been filed—
a: any application and supporting documents filed with the licensing authority, and any written submissions, statements, reports, and other papers relating to the decision appealed against:
b: a copy of any notes made by the chairperson of the evidence given at the hearing:
c: any exhibits in the custody of the licensing authority:
d: a copy of the decision appealed against. 1989 No 63 s 138(1)–(6)
161: Appeals
1: Every appeal is by way of rehearing.
2: However, where any question of fact is involved in any appeal, the evidence taken before the licensing authority bearing on the question must, subject to any special order, be brought before the High Court as follows:
a: as to any evidence given orally, by the production of a copy of the chairperson's note or of a written statement read by the witness while under oath, or of such other materials as the High Court may consider expedient:
b: as to any evidence taken by affidavit and as to any exhibits, by the production of the affidavits and such of the exhibits as may have been forwarded to the court by the licensing authority, and by the production by the parties to the appeal of such exhibits as are in their custody.
3: Despite subsection (2), the High Court may in its discretion rehear the whole or any part of the evidence, and must rehear the evidence of any witness if the court has reason to believe that any note of the evidence of that witness made by the chairperson of the licensing authority is or may be incomplete in any material particular.
4: The court has full discretionary power to hear and receive further evidence on questions of fact, either by oral evidence or by affidavit.
5: If the appellant does not appear at the time appointed for hearing the appeal, the appeal must be dismissed.
6: If the appellant does not prosecute the appeal with due diligence, any other party to the appeal may apply to the High Court for the dismissal of the appeal.
7: On hearing the appeal, the High Court may confirm, modify, or reverse the decision appealed against, and the decision of the court is final and binding on all parties.
8: The Registrar of the High Court must transmit to the secretary of the licensing authority a memorandum of the decision of the court, and the decision, in relation to the proceedings appealed against, must be treated as if it had been given by the authority.
9: The Registrar must also return to the secretary of the licensing authority any application, papers, and exhibits forwarded by the secretary pursuant to section 160(4) 1989 No 63 s 138(7)–(13)
162: Appeal against decision of licensing authority on question of law
1: Subject to subsection (3), where any party to any proceedings before the licensing authority (whether the proceedings commenced in a licensing committee or the licensing authority) is dissatisfied with any determination of the licensing authority in the proceedings as being erroneous in point of law, that party may appeal to the High Court on the question of law concerned.
2: Subject to sections 152 153 161 163 to 166
3: This section does not apply to a decision by the licensing authority to cancel a licence under section 289 section 290 1989 No 63 s 139
163: Right to appear and be heard on appeals
1: Any party to the proceedings before the licensing authority who wishes to appear and be heard on the hearing of the appeal must, within 7 working days after the date of the service on that party of a copy of the notice of appeal, lodge with the Registrar of the High Court a notice of that party's intention to appear and be heard.
2: Any party who gives a notice of intention to appear and be heard and the appellant are parties to the appeal and are entitled—
a: to be served with every document later filed or lodged with the Registrar relating to the appeal; and
b: to receive a notice of the date set down for the hearing of the appeal. 1989 No 63 s 141
164: Orders relating to determination of appeals
1: Subject to subsections (2) and (3), the High Court may, of its own motion or on the application of any party to the appeal, make all or any of the following orders:
a: an order directing the licensing authority to lodge with the Registrar of the High Court any document or other written material or any exhibit in the possession or custody of the licensing authority:
b: an order directing the licensing authority to lodge with the Registrar a report recording, in respect of any matter or issue that the court specifies, any of the findings of fact of the licensing authority that are not set out or fully set out in its determination:
c: an order directing the licensing authority to lodge with the Registrar a report setting out, in respect of any matter or issue that the court specifies, any reasons or considerations of the licensing authority to which the licensing authority had regard that are not set out in its determination.
2: An application under subsection (1) must,—
a: in the case of the appellant, be made within 20 working days after the date of the lodging of the notice of appeal; or
b: in the case of any other party to the appeal, within 20 working days after the date of the service on that party of a copy of the notice of appeal.
3: The High Court may make an order under subsection (1) only if it is satisfied that a proper determination of the point of law in issue so requires; and the order may be made subject to such conditions as the High Court thinks fit. 1989 No 63 s 142
165: Appeal on additional question of law
1: Any party other than the appellant to an appeal under section 162
2: With any necessary modifications, sections 162 164 166 1989 No 63 s 144
166: Extension of time
The High Court or a Judge of the High Court may, on the application of the appellant, or intending appellant, or any other party, extend any time prescribed or allowed under any of the provisions of sections 159 to 165 1989 No 63 s 145
167: No review until right of appeal exercised
No person who has a right of appeal against any decision of the licensing authority or of a licensing committee is entitled to do any of the following unless and until that party exercises that right of appeal and the appeal is finally determined:
a: to make an application for review of that decision under the Judicial Review Procedure Act 2016
b: to institute proceedings seeking any writ or order of, or in the nature of, mandamus, prohibition, or certiorari, or a declaration or injunction, in respect of that decision. 1989 No 63 s 148 Section 167(a) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Appeals to Court of Appeal
168: Further appeal to Court of Appeal
1: Any party to an appeal under section 162
2: A party desiring to appeal to the Court of Appeal under this section must, within 15 working days after the determination of the High Court, or within such further time as that court may allow, give notice of the application for leave to appeal in such manner as may be directed by rules of court, and the High Court may grant leave accordingly if in the opinion of that court the question of law involved in the appeal is one that by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for decision.
3: Where the High Court refuses leave to any party to appeal to the Court of Appeal under this section, that party may, within 15 working days after the refusal of the High Court or within such further time as the Court of Appeal may allow, apply to the Court of Appeal, in such manner as may be directed by rules of court, for special leave to appeal to that court, and the Court of Appeal may grant leave accordingly if in the opinion of that court the question of law involved in the appeal is one that by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for decision.
4: On any appeal to the Court of Appeal under this section,—
a: the Court of Appeal has the power to adjudicate on the proceedings that the High Court had; and
b: judgment is to be entered in the High Court, and execution and other consequences and proceedings follow, as if the decision of the Court of Appeal had been given in the High Court.
5: The decision of the Court of Appeal on any application to that court for leave to appeal is final. 1989 No 63 s 150
6: Licensing bodies
Alcohol Regulatory and Licensing Authority
169: Alcohol Regulatory and Licensing Authority
1: This section continues in existence an authority to be called the Alcohol Regulatory and Licensing Authority.
2: The licensing authority is the body established by section 85(1)
170: Functions of licensing authority
The licensing authority's functions are—
a: to consider and determine the following matters when referred to it by licensing committees:
i: applications for licences:
ii: applications by licensees for the renewal or variation of licences:
iii: applications for manager's certificates:
iv: applications for the renewal of manager's certificates; and
b: to consider and determine appeals from decisions of licensing committees; and
c: to consider and determine appeals against elements of draft local alcohol policies; and
d: to consider and determine applications by inspectors and constables for the variation, suspension, or cancellation of licences and manager's certificates; and
e: any other functions conferred on it by or under this Act or any other enactment.
171: Powers of licensing authority
The licensing authority has all powers conferred on it by or under this Act or any other enactment, and all other powers reasonably necessary to enable it to perform its functions satisfactorily. 1989 No 63 s 92
172: Licensing authority may issue practice directions
For the purpose of ensuring that the application and administration of this Act is consistent, the licensing authority may from time to time issue, for the guidance of licensing committees, any directions, notes, guidelines, or suggestions (not being inconsistent with this Act) that the licensing authority considers necessary or desirable.
173: Licensing authority may give directions where licensing committee in doubt
A person who is in doubt as to the appropriate licensing committee to apply to may apply to the licensing authority for directions; and the authority's directions—
a: have effect according to their tenor; and
b: override the requirements of this Act as to which licensing committee to apply to. 1989 No 63 s 93
174: Licensing authority may refer matters for investigation
1: The licensing authority may appoint one of its members, or any other qualified person (other than an inspector), to investigate and report to the authority on any matters it refers to that person for the purpose of the proper exercise of its powers or functions under this Act.
2: A person who has custody or possession of any books, papers, accounts, or other documents, relevant to any matter to be investigated under this section commits an offence if he or she—
a: fails or refuses to allow the person conducting the investigation to have access to the documents; or
b: obstructs that person in the conduct of the investigation.
3: A person who commits an offence against subsection (2) is liable on conviction to a fine of not more than $2,000. 1989 No 63 s 94
175: Licensing authority may refer matters to licensing committees
1: The licensing authority may ask a licensing committee to inquire into and report to the authority on any matter within the scope of the authority's functions.
2: When reporting, the licensing committee—
a: must send to the licensing authority notes of any evidence taken before it in its inquiry, together with any written submissions made to it; and
b: may make any recommendations on the matter it thinks fit.
3: On receiving the licensing committee's report, the licensing authority—
a: may make any decision or order as if it had heard the proceedings itself; or
b: may hear further submissions or evidence on the matter before making any decision or order. 1989 No 63 s 95
176: Licensing authority may give statements to licensing committees
1: The licensing authority may give licensing committees statements setting out its views on—
a: the general administration of this Act; or
b: the policies to be followed in the administration of this Act or any provisions of it; or
c: any information obtained by the authority from any inquiry held by it or from any other source.
2: A statement must not relate to a matter that may be a ground for an appeal against a decision of a licensing committee.
3: In performing its functions under this Act, a licensing committee must observe every statement issued under this section. 1989 No 63 s 96
177: Meetings of licensing authority
1: Meetings of the licensing authority may be held at any time and place it or its chairperson decides.
2: At all meetings of the licensing authority, 2 members are a quorum.
3: If present at a meeting of the licensing authority, its chairperson has a deliberative vote and, in the case of an equality of votes, also has a casting vote.
4: A deputy chairperson of the licensing authority does not have a casting vote.
5: The decision of the licensing authority on any matter is determined by a majority of the valid votes recorded on it. 1989 No 63 s 97
178: Annual report
1: Within 6 months
a: of the authority's proceedings and operations during the year; and
b: on the working of this Act and the desirability or otherwise of amending it.
2: The Minister must lay a copy of the report before the House of Representatives within 20 sitting days after the day on which he or she receives it. 1989 No 63 s 98 Section 178(1) amended 30 November 2022 section 118 Statutes Amendment Act 2022
179: Membership of licensing authority
1: The licensing authority comprises the following members, appointed by the Governor-General on the recommendation of the Minister:
a: up to 3 District Court Judges:
b: any number of other members.
2: No person is employed in the service of Her Majesty for the purposes of the Public Service Act 2020 Section 179(2) amended 7 August 2020 section 135 Public Service Act 2020
179A: Appointment of temporary acting chairperson, deputy chairperson, or member
1: If the chairperson, a deputy chairperson, or a member of the licensing authority becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if the chairperson, a deputy chairperson, or a member of the licensing authority considers it is not proper or not desirable that he or she should adjudicate on a specified matter, the Governor-General, on the recommendation of the Minister, may appoint a suitable person as the acting chairperson, an acting deputy chairperson, or an acting member for the period or purpose stated in the appointment.
2: No person may be appointed as the acting chairperson, an acting deputy chairperson, or an acting member unless he or she is eligible for appointment to the relevant position.
3: An acting chairperson, acting deputy chairperson, or acting member is, while acting in the position, to be treated as the chairperson, a deputy chairperson, or a member of the licensing authority.
4: No appointment of an acting chairperson, acting deputy chairperson, or acting member, no act done by an acting chairperson, acting deputy chairperson, or acting member, and no act done by the licensing authority may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased. Section 179A inserted 14 November 2018 section 268 Tribunals Powers and Procedures Legislation Act 2018
179B: Orderly and efficient operation
The chairperson of the licensing authority is responsible for making any arrangements that are practicable to ensure that he or she and each member perform their functions—
a: in an orderly and efficient manner; and
b: in a way that achieves the purposes of this Act. Section 179B inserted 14 November 2018 section 268 Tribunals Powers and Procedures Legislation Act 2018
180: Chairperson and deputy chairperson
1: As the office becomes vacant, a member of the licensing authority who is a District Court Judge must be appointed chairperson of the authority.
2: Every other member of the licensing authority who is a District Court Judge must be appointed a deputy chairperson of the authority.
3: Appointments must be made by the Governor-General on the recommendation of the Minister; and can be made when the member is appointed a member, or later.
4: If there are 2 deputy chairpersons and both are present, the deputy chairperson who was first appointed to the licensing authority serves as acting chairperson in the chairperson's absence.
5: A deputy chairperson serving as acting chairperson in the chairperson's absence has all the powers of the chairperson.
6: No acts done by a deputy chairperson serving as acting chairperson in the chairperson's absence, and no acts done by the licensing authority while a deputy chairperson is so serving, can in any proceedings be questioned on the ground that the occasion for his or her so serving had not arisen or had ceased.
181: Term of office of members
1: A member of the licensing authority holds office for a term, stated when the member is appointed, of up to 5 years and may be reappointed for further terms of up to 5 years
2: A member continues in office despite the expiry of his or her term of office until—
a: the member is reappointed; or
b: the member’s successor is appointed; or
c: the member is notified that a replacement member will not be appointed; or
d: the member vacates or is removed from office.
3: A member who continues in office for any period under subsection (2), unless he or she was removed from office, may act as a member during that period for the purpose of—
a: completing any proceedings partly or wholly heard by the licensing authority before the expiry of his or her term of office:
b: hearing any other proceedings.
4: A member who has resigned, or whose successor is appointed or who will not be replaced (unless he or she was removed from office), may continue in office for the purpose of completing any proceedings that are partly or wholly heard. Section 181(1) amended 14 November 2018 section 269(1) Tribunals Powers and Procedures Legislation Act 2018 Section 181(2) replaced 14 November 2018 section 269(2) Tribunals Powers and Procedures Legislation Act 2018 Section 181(3) replaced 14 November 2018 section 269(2) Tribunals Powers and Procedures Legislation Act 2018 Section 181(4) inserted 14 November 2018 section 269(2) Tribunals Powers and Procedures Legislation Act 2018
182: Resignation or removal from office
1: A member of the licensing authority may resign from office at any time by written notice to the Minister.
2: The Governor-General may at any time, on the recommendation of the Minister, remove a member of the licensing authority from office for inability to perform the functions of the office, bankruptcy, neglect of duty, or misconduct, proved to the Governor-General's satisfaction.
3: This section overrides section 181(1)
183: Fees and allowances
1: A member of the licensing authority who is not a District Court Judge is entitled to receive remuneration not within subsection (2) for services as a member at a rate and of a kind determined by the Minister in accordance with the fees framework.
2: Every member of the licensing authority is entitled, in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.
3: For the purposes of this section, fees framework
184: Officers of licensing authority
There must be appointed under the Public Service Act 2020 Section 184 amended 7 August 2020 section 135 Public Service Act 2020
185: Professional assistance
With the Minister's authority, the licensing authority may engage, under a contract for services, any professional, technical, or other assistance it thinks necessary to enable it to carry out its functions. District licensing committees
186: Territorial authorities to appoint district licensing committees
Each territorial authority must appoint 1 or more licensing committees as, in its opinion, are required to deal with licensing matters for its district.
187: Functions of licensing committees
A licensing committee's functions are—
a: to consider and determine applications for licences and manager's certificates; and
b: to consider and determine applications for renewal of licences and manager's certificates; and
c: to consider and determine applications for temporary authority to carry on the sale and supply of alcohol in accordance with section 136
d: to consider and determine applications for the variation, suspension, or cancellation of special licences; and
e: to consider and determine applications for the variation of licences (other than special licences) unless the application is brought under section 280
f: with the leave of the chairperson for the licensing authority, to refer applications to the licensing authority; and
g: to conduct inquiries and to make reports as may be required of it by the licensing authority under section 175
h: any other functions conferred on licensing committees by or under this Act or any other enactment.
188: Powers of licensing committees
A licensing committee has all the powers conferred on it by or under this Act or any other Act, and all powers as may be reasonably necessary to enable it to carry out its functions.
189: Composition of licensing committees
1: Each licensing committee consists of 3 members appointed by the territorial authority for that territorial authority's district.
2: A territorial authority must appoint 1 member as the chairperson and that person must be a member of that territorial authority or a commissioner appointed to the licensing committee.
3: A territorial authority may appoint a member of that territorial authority to be deputy chairperson, and act in place of the chairperson if the chairperson is unable to act because of illness or absence from New Zealand, or for other sufficient reason.
4: While acting in place of the chairperson, the deputy chairperson is a member of the committee and has all the powers and duties of the chairperson.
5: No act done by the deputy chairperson serving as acting chairperson in the chairperson's absence, and no acts done by the committee while the deputy chairperson is so serving, can in any proceedings be questioned on the ground that the occasion for his or her so serving had not arisen or had ceased.
6: The other 2 members of each licensing committee must be appointed from the territorial authority's list maintained under section 192
7: For the purposes of subsection (2), a member of a territorial authority means an elected member of a territorial authority and, in relation to the Auckland Council, includes a member of the governing body (as defined in section 4 section 10
190: Meetings of licensing committees
1: Meetings of a licensing committee may be held at any time and place it or its chairperson decides.
2: At a meeting where 3 members are present, the decision of a licensing committee on any matter is determined by a majority of the valid votes recorded on it.
191: Quorum
1: Except as provided in subsection (2), at any meeting of a licensing committee, the quorum necessary is 3 members.
2: At a meeting to consider and determine an application of a kind listed in subsection (3) where no objection has been filed and no matters of opposition have been raised under section 103 129 141
3: The applications are:
a: an application for a licence:
b: an application for a manager's certificate:
c: an application for renewal of a licence or manager's certificate.
192: Territorial authority to establish and maintain list of licensing committee's members
1: A territorial authority must either—
a: establish, maintain, and publish its own list of persons approved to be members of the territorial authority's licensing committee or committees; or
b: together with 1 or more other territorial authorities, establish, maintain, and publish a combined list of persons jointly approved by those authorities to be members of the territorial authorities' licensing committees.
2: A territorial authority must not approve a person to be included on the list unless that person has experience relevant to alcohol licensing matters.
3: A person may be approved for inclusion on the list for a period of up to 5 years and may be approved for any 1 or more further periods of up to 5 years.
4: The name of a person must be removed from the list—
a: when 5 years have elapsed since the territorial authority approved the person's name on the list unless the approval is renewed under subsection (3); or
b: if the person resigns or is removed under section 194
5: A person must not be included on the list if—
a: the territorial authority believes that person has, directly or by virtue of his or her relationship with another person, such an involvement or appearance of involvement with the alcohol industry that he or she could not perform his or her duties without actual bias or the appearance of bias; or
b: the person is a constable, a Medical Officer of Health, an inspector, or an employee of the territorial authority.
193: Appointment of commissioners
1: The chief executive of a territorial authority may, on the recommendation of the territorial authority, appoint a commissioner or commissioners to any of the territorial authority's licensing committees and any person so appointed has all the functions, powers, and duties of the chairperson of the licensing committee.
2: The chief executive may only appoint a person as a commissioner if that person is of good standing in the community and has the necessary knowledge, skill, and experience relating to matters that are likely to come before the committee.
3: A person must not be appointed as a commissioner if—
a: the territorial authority believes that person has, directly or by virtue of his or her relationship with another person, such an involvement or appearance of involvement with the alcohol industry that he or she could not perform his or her duties without actual bias or the appearance of bias; or
b: the person is a constable, a Medical Officer of Health, an inspector, or an employee of the territorial authority.
4: A commissioner appointed under this section holds office for a term, stated when the commissioner is appointed, of up to 5 years and may be reappointed for 1 or more further periods of up to 5 years.
194: Resignation or removal
1: A member of a licensing committee or a commissioner appointed to a licensing committee may resign from office at any time by written notice to the relevant territorial authority.
2: A chairperson of a licensing committee ceases to be a chairperson if he or she ceases to be a member of the licensing committee's territorial authority.
3: The territorial authority may at any time remove a member of a licensing committee or a commissioner appointed to a licensing committee for inability to perform the functions of office, bankruptcy, neglect of duty, or misconduct, proved to the territorial authority's satisfaction.
195: Fees and allowances for members
1: A member of a licensing committee is entitled to receive remuneration not within subsection (2) for services as a member at a rate and of a kind determined by the Minister in accordance with the fees framework.
2: A member of the licensing committee is entitled, in accordance with the fees framework, to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.
3: For the purposes of this section, fees framework
4: A commissioner is to be treated as a member of a licensing committee for the purposes of this section.
196: Secretary of licensing committees
For the purposes of this Act, the chief executive of the territorial authority is the secretary of its licensing committees.
197: Licensing inspectors
1: For the purposes of this Act, the chief executive of each territorial authority must appoint 1 or more licensing inspectors for its district.
2: Inspectors must monitor licensees' compliance with this Act.
3: Inspectors have all the other functions, powers, and duties conferred on them by or under this Act.
4: Inspectors must act independently when exercising and performing their functions, duties, and powers and each territorial authority must take steps to ensure that its inspector or inspectors are able to act independently.
5: If more than 1 inspector is appointed by a territorial authority then the territorial authority must appoint one of the inspectors to be its chief licensing inspector.
6: The function of a chief licensing inspector is to foster consistency in enforcement of this Act.
198: Delegation of functions, duties, or powers of chief executives
1: While he or she has the territorial authority's general authority to do so, a chief executive may delegate to any person, either generally or particularly, any of the chief executive's functions, powers, and duties under this Act.
2: The chief executive must not delegate a general power of delegation.
3: A person to whom a chief executive delegates a function, power, or duty under subsection (1) may delegate the function, power, or duty only with the prior written consent of the chief executive.
4: A delegation—
a: must be in writing; and
b: may be made subject to any restrictions and conditions that the chief executive thinks fit; and
c: must state each function, power, or duty being delegated; and
d: is revocable at any time, in writing; and
e: does not prevent the performance of a function or duty or exercise of any power by the chief executive.
5: Copies of all delegations must be kept in the office of the territorial authority and be available for inspection during ordinary business hours.
6: A person to whom any functions, duties, or powers are delegated may perform those functions and duties and exercise those powers in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.
7: Until a delegation is revoked, it continues in force according to its tenor.
8: A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary. 1989 No 63 s 104
199: Annual report
1: Within 3 months after the end of every financial year, every territorial authority must prepare and send to the licensing authority a report of the proceedings and operations of its licensing committees during the year.
2: The licensing authority may specify the form of the annual report and the matters to be included in the report.
3: The licensing authority or the licensing committee must, on payment of any reasonable fee it may prescribe, provide a copy of each report to any person who asks for one.
4: Every annual report required to be prepared under this section is a public record for the purposes of this Act.
5: A copy of every annual report must be made available by the territorial authority for inspection free of charge and be made available on an Internet site maintained by or on behalf of the territorial authority for a period of not less than 5 years. 1989 No 63 s 105
200: Application of Local Government Official Information and Meetings Act 1987
1: Every licensing committee is a committee of its territorial authority.
2: The provisions of the Local Government Official Information and Meetings Act 1987 Part 7
3: Subsection (2) overrides subsection (1). General provisions relating to licensing authority and licensing committees
201: Licensing authority and licensing committees have powers of commissions of inquiry
1: Within the scope of its jurisdiction, the licensing authority and every licensing committee must be treated as being a Commission of Inquiry under the Commissions of Inquiry Act 1908
2: Subsection (1) is subject to this Act.
3: The power of the licensing authority or a licensing committee under the Commissions of Inquiry Act 1908
4: In addition to its powers under the Commissions of Inquiry Act 1908 1989 No 63 s 110
202: Procedure
1: If no objection to an application is filed within the prescribed time, the licensing authority or licensing committee concerned may either grant the application on the papers or convene a public hearing to consider the application.
2: With the leave of the chairperson of the licensing authority, a licensing committee may refer the matter to the licensing authority for decision.
3: Where an objection is filed within the prescribed time, the licensing authority or licensing committee concerned must convene a public hearing to consider the application, unless—
a: the application is withdrawn; or
b: having considered the application, the authority or committee believes that the objection is vexatious or based on grounds outside the scope of this Act; or
c: the objector does not require a public hearing.
4: The licensing authority or licensing committee concerned must give at least 10 working days' notice of the public hearing to—
a: the applicant; and
b: each objector; and
c: the constable, the inspector, and the Medical Officer of Health, to whom a copy of the application has been sent in accordance with this Act.
5: The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the licensing authority or the chairperson considers it appropriate and the necessary facilities are available. 1989 No 63 s 106 Section 202(5) inserted 14 November 2018 section 270 Tribunals Powers and Procedures Legislation Act 2018
203: Proceedings of licensing authority and licensing committees
1: Whenever the licensing authority meets for the purpose of hearing any appeal, or the authority or any licensing committee meets for the purposes of exercising or performing any power or function that it is required by this Act to exercise or perform at a public hearing, the meeting must, except in a case to which section 202(1)
2: Any other meeting of the authority or of any licensing committee may, in the discretion of the authority or committee, be held in public or in private.
3: Whenever the authority or committee holds a public hearing it may in its discretion hold any part of the sitting in private if, having regard to the interests of persons appearing and being heard and to the public interest, it thinks it proper to do so.
4: The authority or committee may in any case deliberate in private as to its decision on any matter or as to any question arising in the course of any proceedings.
5: The authority or committee may make an order prohibiting the publication of any report or description of any part of the proceedings in any matter before it; but no such order may be made prohibiting the publication of the names and descriptions of the parties to the matter, or of particulars of any premises affected.
6: In considering whether to make an order prohibiting publication, the authority or committee must consider both the public interest in being able to learn of the proceedings of the authority and licensing committees and the privacy of persons whose affairs are before the authority or committee.
7: In any proceedings before the authority, any counsel or solicitor engaged by the authority pursuant to this Act may appear and be heard as counsel assisting the authority.
8: Any decision, order, direction, certificate, or other document issued by the authority or committee may be signed on its behalf by the chairperson or the secretary.
9: Subject to the provisions of this Act and of any regulations made under this Act, the authority or committee may regulate its procedure in such manner as it thinks fit. 1989 No 63 s 107
204: Right of certain persons to appear in proceedings
1: This section applies to the following proceedings:
a: an application for a licence under section 99
b: an application for variation of the conditions of a licence under section 120
c: an application for the renewal of a licence under section 127
d: an application for a temporary authority under section 136
e: an application for a special licence under section 137
f: an appeal against a decision of a licensing committee to the licensing authority under section 154
2: With the leave of the chairperson of the licensing committee or the licensing authority (as the case may be), any of the following persons may appear and be heard, whether personally or by counsel, in any proceedings stated in subsection (1):
a: an employee, volunteer, or contractor of Fire and Emergency New Zealand
b: a person authorised in that behalf by any territorial authority:
c: any other person who satisfies the licensing committee or the licensing authority that he or she has an interest in the proceedings, apart from any interest in common with the public.
3: Any of the following persons may appear and be heard, whether personally or by counsel, and call, examine, or cross-examine witnesses, in any proceedings stated in subsection (1):
a: the applicant:
b: an objector:
c: an inspector:
d: a constable:
e: a Medical Officer of Health. Section 204(2)﻿(a) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017
205: Right of persons to appear in relation to appeal under section 81
1: The following persons may appear and be heard, whether personally or by counsel, and call, examine, and cross-examine witnesses in an appeal under section 81
a: the appellant:
b: any person authorised in that behalf by a territorial authority.
2: With the leave of the chairperson of the licensing authority, the following persons may appear and be heard, whether personally or by counsel, and call evidence:
a: any inspector:
b: any constable:
c: any Medical Officer of Health:
d: any other party who made a submission as part of the special consultative procedure on the draft local alcohol policy:
e: any other person who satisfies the licensing authority that he or she has an interest in the proceedings, apart from any interest in common with the public.
206: Right of persons to appear in relation to certain applications for variation, suspension, and cancellation
1: This section applies to the following proceedings:
a: an application for the variation, suspension, or cancellation of a licence under section 280
b: an application for the suspension or cancellation of a licence in respect of certain offences under section 281
c: an application for the variation, suspension, or cancellation of special licences under section 283
d: an application for the suspension or cancellation of a manager's certificate under section 285
e: an application for the suspension of a licence for non-compliance with public health or fire precaution requirements under section 286
2: The following persons may appear and be heard, whether personally or by counsel, and call, examine, and cross-examine witnesses:
a: the applicant:
b: the respondent.
3: With the leave of the chairperson of the licensing committee or the licensing authority (as the case may be), the following persons may appear and be heard, whether personally or by counsel, and call evidence:
a: any inspector:
b: any constable:
c: any Medical Officer of Health.
207: Evidence in proceedings before licensing authority or licensing committee
1: The licensing authority or licensing committee concerned may receive as evidence any statement, document, information, or matter that in its opinion may assist it to deal effectually with any matter before it, whether or not the statement, document, or matter would be admissible in a court of law.
2: Subject to the foregoing provisions of this section, the Evidence Act 2006 1989 No 63 s 109
208: Licensing authority or licensing committee may waive certain omissions
Where any person has neglected or omitted to do any act or thing in the precise manner or within the precise time prescribed by this Act, the licensing authority or (as the case may require) the licensing committee or the chairperson, if satisfied that the neglect or omission was not wilful, may waive the same on such terms as they think equitable. 1989 No 63 s 111
209: Licensing committee may state case for opinion of licensing authority
1: A licensing committee may state a case for the opinion of the licensing authority on any question of law arising in any proceedings before it.
2: The licensing authority may order the removal into the High Court of any case stated under this section; and on removal the High Court has the same power to adjudicate on the proceedings as the licensing authority had.
3: The provisions of subpart 8 Section 209(3) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013
210: Licensing authority may state case for opinion of High Court
1: The licensing authority may state a case for the opinion of the High Court on any question of law arising in any proceedings before it.
2: The provisions of subpart 8 1989 No 63 s 112 Section 210(2) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013
211: Decisions to be given in writing
1: The licensing authority and every licensing committee must give its decision on an application in writing, and must state in it—
a: the reasons for the decision; and
b: what reports on the application were received; and
c: the attitude towards the application of every report.
2: The statement of the attitude towards an application of any report may be in general terms only.
3: The licensing authority or licensing committee must give a copy of the decision to—
a: the applicant; and
b: each objector who appeared at the hearing; and
c: any other objector who requests a copy; and
d: each person referred to in section 202(4)﻿(c)
4: The licensing authority must take all reasonably practicable steps to ensure that copies of its decisions are publicly available.
5: Every territorial authority must take all reasonably practicable steps to ensure that copies of all the decisions of its licensing committees are publicly available.
6: A decision takes effect on the date stated in the decision (or, if no date is stated, on the date the decision is given). 1989 No 63 s 113
211A: Contempt of licensing authority
1: A person commits an offence if the person—
a: wilfully insults or obstructs the licensing authority or any member of it, a witness, or an officer of the licensing authority during a sitting of the licensing authority or while a member, a witness, or an officer is going to, or returning from, a sitting of the licensing authority; or
b: wilfully insults or obstructs any person in attendance at a sitting of the licensing authority; or
c: wilfully interrupts, or otherwise misbehaves at, a sitting of the licensing authority; or
d: wilfully and without lawful excuse disobeys any order or direction of the licensing authority in the course of the hearing of any proceedings.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine not exceeding $1,000.
3: The licensing authority may order the exclusion from a sitting of the licensing authority of any person whose behaviour, in the opinion of the licensing authority, constitutes an offence against subsection (1), whether or not the person is charged with the offence; and any officer of the licensing authority or constable may take any steps that are reasonably necessary to enforce the exclusion. Section 211A inserted 14 November 2018 section 271 Tribunals Powers and Procedures Legislation Act 2018
7: Management of licensed premises
212: Appointment of managers: on-licences, off-licences, and club licences
Every holder of an on-licence (other than an on-licence endorsed under section 37 1989 No 63 ss 26 49 71
213: Appointment of manager: special licences
1: Every holder of a special licence must appoint at least 1 manager in accordance with this Part.
2: The licensing committee may exempt the holder of any special licence from the requirements of subsection (1) if it is satisfied that the licensee, or some other person nominated by the licensee, will manage the conduct of the sale of alcohol pursuant to the licence. 1989 No 63 s 84
214: Manager to be on duty at all times and responsible for compliance
1: Except as provided in section 215
2: A manager on duty on any licensed premises is responsible for—
a: the compliance with and enforcement of—
i: the provisions of this Act; and
ii: the conditions of the licence in force for the premises; and
b: the conduct of the premises with the aim of contributing to the reduction of alcohol-related harm.
3: At all times while a manager is on duty on any licensed premises, the full name of the manager must be prominently displayed inside the premises so as to be easily read by people using the premises; and the person named as manager at any time is to be treated for the purposes of this Act as the manager at that time.
4: At all times when alcohol is being sold or supplied on licensed premises the licensee must take all reasonable steps to enable the manager to comply with this section. 1989 No 63 s 115
215: Circumstances where section 214 does not apply
1: The requirement to have a manager on duty at all times when alcohol is being sold or supplied to the public on any licensed premises does not apply to—
a: premises for which a club licence is held; or
b: premises for which an on-licence endorsed under section 37
c: premises for which an off-licence endorsed under section 40
d: premises for which an off-licence but no on-licence is held where fruit or vegetable wine or grape wine is made; or
e: premises for which an off-licence but no on-licence is held that are situated on land from which there is harvested produce from which fruit or vegetable wine or grape wine is made.
2: At any time, the requirement to have a manager on duty at all times when alcohol is being sold or supplied to the public on any licensed premises does not apply to any premises for which both an off-licence and an on-licence are held if—
a: the premises are—
i: premises where fruit or vegetable wine or grape wine is made; or
ii: premises situated on land from which there is harvested produce from which fruit or vegetable wine or grape wine is made; and
b: at that time no alcohol is being sold or supplied to the public for consumption on the premises.
3: A manager in respect of those premises is only required to be on duty if it is a condition of the licence or a condition of the endorsement of the licence and only for the days and times that may be specified.
4: If it is a condition of the licence or the endorsement of the licence that a manager be on duty at any particular time, section 214(2) to (4) Manager's certificates
216: Managers to hold certificate
1: A person may not be appointed as a manager of any licensed premises for the purposes of this Act unless the person is of or over the age of 20, and holds a manager's certificate granted under this Part.
2: Subsection (1) does not affect any manager's certificate granted before the commencement of this section to a person under the age of 20. 1989 No 63 s 116
217: Manager's certificate
A manager's certificate authorises the holder to manage any licensed premises. 1989 No 63 s 117
218: Manager must hold prescribed qualification
1: The licensing authority or a licensing committee must not issue or renew a manager's certificate on or after the commencement of this section unless the manager holds a prescribed qualification.
2: In this section, prescribed qualification
a: a qualification prescribed by regulations made under this Act; or
b: the successful completion of a course of training, the requirements or criteria of which have been prescribed by regulations made under this Act. 1989 No 63 s 117A
219: Applications for manager's certificates
1: Every application for a manager's certificate must—
a: be made in the name of the person who will hold the certificate if the application is granted; and
b: be made in the prescribed form and manner; and
c: contain the prescribed particulars; and
d: be accompanied by the prescribed fee.
2: An application must be filed with the following licensing committee:
a: where the applicant intends to be the manager of any particular licensed premises, the licensing committee with which the application for the licence was filed; or
b: in any other case, the licensing committee for the district in which the applicant is residing. 1989 No 63 s 118
220: Reports
1: On receiving an application for a manager's certificate, the secretary of the licensing committee concerned must send a copy of it, and of each document filed with it, to—
a: the constable in charge of the police station nearest to—
i: the premises, where the applicant intends to be the manager of any particular premises; or
ii: the secretary's office, where the applicant intends to be the manager of any particular conveyance; or
iii: the applicant's place of residence in any other case; and
b: an inspector.
2: The inspector must inquire into and file with the licensing committee a report on the application.
3: The Police must inquire into and, if they have any matters in opposition, file a report on the application within 15 working days after receiving the application.
4: The licensing committee may assume that, if no report is received from the Police within 20 working days after the application is referred to the Police, they have no matters in opposition to the application.
5: The secretary must send to the applicant a copy of any reports filed with the licensing committee under this section. 1989 No 63 s 119
221: Who decides application for manager's certificate
1: A licensing committee may decide any application for a manager's certificate.
2: With the leave of the chairperson of the licensing authority, a licensing committee may refer an application for a manager's certificate to the authority for a decision.
3: The licensing committee must give the licensing authority the complete file relating to any application to be decided by the licensing authority.
4: In this section, complete file
a: the application and any papers filed in support of it; and
b: any reports made under section 220
222: Criteria for manager's certificates
In considering an application for a manager's certificate, the licensing committee or licensing authority, as the case may be, must consider the following matters:
a: the applicant's suitability to be a manager:
b: any convictions recorded against the applicant:
c: any experience, in particular recent experience, that the applicant has had in controlling any premises for which a licence was in force:
d: any relevant training, in particular recent training, that the applicant has undertaken and evidence that the applicant holds the prescribed qualification required under section 218
e: any matters dealt with in any report made under section 220 1989 No 63 s 121
223: Duration of manager's certificates
1: In this section,— end of its currency
a: for a manager's certificate that has been renewed before, means the close of the last day of the period for which it was last renewed:
b: for a manager's certificate that has not been renewed before, means the close of the day 12 months after the day it was issued end of the prospective renewal period
a: for a manager's certificate that has been renewed before, means the close of the day 3 years after the last day of the period for which it was last renewed:
b: for a manager's certificate that has not been renewed before, means the close of the day 4 years after the day it was issued.
2: If no application to renew a manager's certificate has been made before the end of its currency, it expires at the end of its currency.
3: A manager's certificate expires as provided in subsection (4) or (5), or continues in force as provided in subsection (6), if—
a: an application to renew it has been made before the end of its currency; but
b: it has not been renewed before the end of its currency.
4: If a decision to refuse to renew the certificate has been made before the end of the prospective renewal period, it expires on the day stated under section 228(3)
5: If no decision on the application to renew the certificate has been made before the end of the prospective renewal period, it expires at the end of the prospective renewal period.
6: If a decision to renew the certificate is made before the end of the prospective renewal period, its renewal takes effect (for the period stated under section 228(2)
7: This section is subject to the provisions of this Act relating to the suspension, cancellation, and surrender of manager's certificates.
224: Application for renewal of manager's certificates
1: The holder of a manager's certificate may apply in accordance with this section for the renewal of the certificate.
2: Every application for the renewal of a manager's certificate must—
a: be filed with—
i: the licensing committee for the district in which the applicant is presently employed as a manager; or
ii: if the applicant is no longer employed as a manager, the licensing committee for the district in which the applicant is residing; and
b: be made before the date of the expiry of the certificate; and
c: be made in the prescribed form and manner; and
d: contain the prescribed particulars; and
e: be accompanied by the prescribed fee. 1989 No 63 s 123
225: Reports and applications for renewals
1: On receiving an application for the renewal of a manager's certificate, the secretary of the licensing committee concerned must send a copy of it, and of each document filed with it, to—
a: the constable in charge of the police station nearest to—
i: the premises, where the applicant is the manager of any particular premises; or
ii: the secretary's office, where the applicant is the manager of any particular conveyance; or
iii: the applicant's place of residence, in any other case; and
b: an inspector.
2: The inspector must inquire into and file with the licensing committee a report on the application.
3: The Police must inquire into and, if they have any matters in opposition, file a report on the application within 15 working days after receiving the application.
4: The licensing committee may assume that, if no report is received from the Police within 20 working days after the application is referred to the Police, they have no matters in opposition to the application.
5: The secretary must send to the applicant a copy of any reports filed with the licensing committee under this section. 1989 No 63 s 124
226: Who decides application for renewal of manager's certificates
1: A licensing committee may decide any application for renewal of a manager's certificate.
2: With the leave of the chairperson of the licensing authority, a licensing committee may refer an application for a renewal of a manager's certificate to the authority for decision.
3: The licensing committee must give the licensing authority the complete file relating to any application for renewal to be decided by the licensing authority.
4: In this section, complete file
a: the application and any papers filed in support of it; and
b: any reports made under section 225 1989 No 63 s 125
227: Criteria for renewal
In considering an application for the renewal of a manager's certificate, the licensing authority or licensing committee concerned must have regard to the following matters:
a: the applicant's suitability to be a manager:
b: any convictions recorded against the applicant since the certificate was issued or last renewed:
c: the manner in which the manager has managed the sale and supply of alcohol pursuant to the licence with the aim of contributing to the reduction of alcohol-related harm:
d: any matters dealt with in any report made under section 225 1989 No 63 s 126
228: Decision on application for renewal
1: After considering an application for the renewal of a manager's certificate, the licensing committee or the licensing authority must either renew the certificate or refuse to renew it.
2: If it renews the certificate, the licensing committee or the licensing authority must specify a date (being no later than 3 years after the date on which the renewal takes effect) on which the certificate expires unless it is again renewed under this section.
3: If the committee refuses to renew the certificate, it must state the day on which the certificate expires, and that day must be no later than 3 months after the date of its decision. 1989 No 63 s 127 Miscellaneous provisions
229: Temporary manager
1: In any case where a manager is ill or is absent for any reason, or is dismissed, or resigns, the licensee may appoint as a temporary manager a person who is not then the holder of a manager's certificate.
2: The appointee must, within 2 working days after the appointment, apply for a manager's certificate; and, if an application is made, the temporary manager must, from the time of the appointment until the application is determined, be deemed for the purposes of this Act to be the holder of a manager's certificate.
3: If the appointee does not apply for a manager's certificate within that period of 2 working days, or if the application is refused, the licensee must cease to employ the appointee as a manager. 1989 No 63 s 128
230: Acting manager
1: Despite any other provision of this Act, a licensee may appoint an acting manager—
a: for any period not exceeding 3 weeks at any one time where a manager is unable to act because of illness or absence; and
b: for periods not exceeding in the aggregate 6 weeks in each period of 12 months to enable a manager to have a vacation or annual leave.
2: Every person appointed as an acting manager in accordance with this section must, while the appointment continues, be deemed for the purposes of this Act to be the holder of a manager's certificate, and it is not necessary for that person to apply for or hold a manager's certificate. 1989 No 63 s 129
231: Notice of appointment, etc, of manager, temporary manager, or acting manager
1: A licensee must give notice, in accordance with subsection (2), of the appointment, or the cancellation or termination of the appointment, of any manager, temporary manager, or acting manager.
2: Notice is given in accordance with this subsection if the notice is given within 2 working days after the appointment, or the cancellation or termination of the appointment, to—
a: the licensing committee with which the application for the licence was filed; and
b: the constable in charge of the police station nearest to—
i: the premises, where the licence is in force for any premises; or
ii: the office of the licensing committee with which the application was filed, where the licence is in force for a conveyance.
3: It is not necessary to comply with subsection (1) in respect of the appointment of a temporary manager or an acting manager for any period not exceeding 48 consecutive hours.
4: The licensing committee may, within 5 working days after receiving a notice of the appointment of any temporary manager or acting manager, notify the licensee that it does not approve the appointment, in which case it must give a copy of the notice to the constable referred to in subsection (2)﻿(b).
5: On receiving notice under subsection (4), the licensee must terminate the appointment with effect from a date not later than 5 working days after the date of the notice. 1989 No 63 s 130
232: Licensees to keep record of
managers, acting managers, and temporary managers
1: Every licensee required by this Act to appoint a manager or managers for any premises must, in respect of each manager, acting manager, or temporary manager appointed for the premises, record (in a form that is readable or retrievable) the information prescribed by regulations made under this Act for the purposes of this section.
2: The licensee must keep the information recorded for at least 2 years after it is recorded. Section 232 heading amended 26 March 2015 section 8 Sale and Supply of Alcohol Amendment Act 2015
8: Offences and closure of premises
Unlicensed persons and unlicensed premises
233: Sales by unlicensed persons
1: A person who does not hold a licence and sells, or displays or keeps for sale, any alcohol commits an offence.
2: A person who commits an offence against subsection (1) is liable on conviction to either—
a: a term of imprisonment of not more than 3 months; or
b: a fine of not more than $40,000. 1989 No 63 s 151
234: Allowing unlicensed premises to be used for sale of alcohol
1: A person who is the occupier or one of the occupiers of any unlicensed premises commits an offence if that person allows any other person to sell, or display or keep for sale, any alcohol in those premises.
2: A person who commits an offence against subsection (1) is liable on conviction to either—
a: a term of imprisonment of not more than 3 months; or
b: a fine of not more than $40,000. 1989 No 63 s 152
235: Use of unlicensed premises as place of resort for consumption of alcohol
1: A person who is the occupier, or has or takes part in the care, management, or control, of any unlicensed premises commits an offence if that person allows those premises to be kept or used as a place of resort for the consumption of alcohol.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine of not more than $20,000.
3: Subsections (1) and (2) do not apply to the consumption of alcohol—
a: by any person on any premises on which that person resides, whether that person is the occupier of the premises or not; or
b: supplied to any person by way of gift by any person who resides on the premises on which the alcohol is consumed.
4: A person who acts as, or as if he or she were, an occupier or a person having any part in the care, management, or control of any premises is to be treated as an occupier of the premises, but without affecting the liability of any other person.
5: Premises may be treated as being kept or used as a place of resort for the consumption of alcohol even though they are open only for the use of particular people or particular classes of person, and not to all people who wish to use them. 1989 No 63 s 153
235A: Exemption to section 235 for certain race meetings
1: Section 235
a: the person (A) section 235(1)
b: the consumption of alcohol takes place on a day when A is using the unlicensed premises referred to in section 235(1)
c: A holds either an on-licence or an on-site special licence that applies to an area within the premises for the duration of the race meeting.
2: In this section, the following terms have the same meanings as in section 5(1)
a: race meeting
b: small racing club Section 235A inserted 13 June 2023 section 4 Sale and Supply of Alcohol (Exemption for Race Meetings) Amendment Act 2023
236: People found on unlicensed premises kept as place of resort for consumption of alcohol
1: A person who is not a constable acting in the execution of his or her duty commits an offence if he or she is found on any unlicensed premises kept or used in breach of section 235
2: A person who commits an offence against subsection (1) is liable on conviction to a fine of not more than $2,000.
3: It is a defence to a charge under subsection (1) if the defendant satisfies the court that he or she—
a: was present on the premises for a lawful purpose; and
b: neither took part nor intended to take part in any unlawful sale, supply, or consumption of alcohol. 1989 No 63 s 154 Irresponsible promotion of alcohol
237: Irresponsible promotion of alcohol
1: A person commits an offence if, in the course of carrying on a business, that person—
a: does anything that encourages people, or is likely to encourage people, to consume alcohol to an excessive extent, whether on licensed premises or at any other place; or
b: promotes or advertises discounts on alcohol in a way that leads people, or is likely to lead people, to believe that the price is 25% or more below the price at which the alcohol is ordinarily sold (otherwise than—
i: on licensed premises; or
ii: in the catalogue or similar price-list of the holder of an off-licence endorsed under section 40
c: holds or has on licensed premises a promotion or advertisement of discounts on alcohol that—
i: leads people, or is likely to lead people, to believe that the price is 25% or more below the price at which the alcohol is ordinarily sold; and
ii: can be seen (or, in the case of an audible promotion or advertisement, heard) from outside the premises; or
d: promotes or advertises alcohol that is free of charge (otherwise than—
i: by promoting or advertising the complimentary sampling of alcohol for consumption on premises for which an off-licence is held; or
ii: by a promotion or advertisement within licensed premises that cannot be seen (or, in the case of an audible promotion or advertisement, heard) from outside the premises); or
e: offers (otherwise than by means of an offer made only on licensed premises, and made only in relation to the buying of alcohol on those premises) any goods or services, or the opportunity to obtain any goods or services, or the opportunity to win a prize, on the condition that alcohol is bought; or
f: promotes or advertises alcohol in a manner aimed at, or that has, or is likely to have, special appeal to, minors.
2: Subsection (1)﻿(e) does not apply to a loyalty programme that provides rewards or discounts, unless the rewards or discounts apply only or primarily to alcohol.
3: A person who commits an offence against this section is liable on conviction,—
a: in the case of a licensee, to either or both of the following:
i: a fine of not more than $10,000:
ii: the suspension of the licensee's licence for a period of not more than 7 days:
b: in the case of any other person, to a fine of not more than $10,000. 1989 No 63 s 154A Banned and restricted alcohol products
238: Offences relating to banned and restricted alcohol products
1: Every person commits an offence who—
a: imports, manufactures, distributes, or displays for sale, a banned alcohol product; or
b: sells a banned alcohol product to any person; or
c: otherwise than in accordance with regulations made under this Act, imports, manufactures, distributes, displays for sale, or sells to any person, a restricted alcohol product.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine of not more than $20,000. Offences relating to minors and people under purchase age
239: Sale or supply of alcohol to people under purchase age on or from licensed premises
1: A licensee or manager of any licensed premises who sells or supplies alcohol, or allows alcohol to be sold or supplied, on or from the licensed premises to any person who is under the purchase age commits an offence.
2: A person who is not a licensee or a manager of any licensed premises who sells or supplies alcohol on or from the licensed premises to any person who is under the purchase age commits an offence.
3: A person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of a licensee, to either or both of the following:
i: a fine of not more than $10,000:
ii: the suspension of the licensee's licence for a period of not more than 7 days:
b: in the case of a manager, to a fine of not more than $10,000.
4: A person who commits an offence against subsection (2) is liable on conviction to a fine of not more than $2,000.
5: Subsection (2) applies despite any liability that may attach to the licensee or any manager in respect of the same offence.
6: In any proceedings for an offence against subsection (1) or (2) in respect of selling or supplying alcohol, or allowing alcohol to be sold or supplied, to a person (the customer
a: before or at the time of the sale or supply of alcohol concerned, there was produced to the person who sold or supplied the alcohol a document purporting to be an approved evidence of age document; and
b: the person believed on reasonable grounds that the document—
i: was an approved evidence of age document; and
ii: related to the customer; and
iii: indicated that the customer was not under the purchase age; and
c: the person reasonably believed that the customer was not under the purchase age.
7: In any proceedings for an offence against subsection (1) or (2) in respect of selling or supplying alcohol, or allowing alcohol to be sold or supplied, to a person (the customer
8: A person does not commit an offence against subsection (1) or (2) by selling or supplying alcohol to a person who then supplies it to a third person who is under the purchase age, unless it is proved that the person knew or had reasonable grounds to believe that the alcohol was intended for a person under the purchase age. 1989 No 63 s 155
240: Exemptions in respect of licensed premises
Section 239(1) and (2)
a: the person is accompanied by his or her parent or guardian; and
b: the alcohol is supplied by his or her parent or guardian. 1989 No 63 s 157
241: Supplying alcohol to minors
1: A person who supplies alcohol to a minor commits an offence.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine of not more than $2,000.
3: It is a defence to a charge under subsection (1) if the person supplying the alcohol (the supplier
a: is a parent or guardian of the minor, and supplies the alcohol in a responsible manner; or
b: believes on reasonable grounds that the minor is not a minor; or
c: believes on reasonable grounds that subsection (7) applies to the minor, and supplies the alcohol in a responsible manner; or
d: believes on reasonable grounds that he or she has the express consent of the parent or guardian of the minor, and supplies the alcohol in a responsible manner.
4: When considering for the purposes of subsection (3)﻿(a), (c), or (d) whether alcohol was supplied to any person in a responsible manner, the court may, in relation to the occasion on which the alcohol was supplied, take into account the following:
a: the steps taken by the supplier to supervise the consumption of alcohol:
b: whether food was provided with the alcohol:
c: whether a choice of low-alcohol or non-alcoholic beverages, or both, was offered:
d: the nature of the occasion:
e: any arrangements for, or provision of, safe transport:
f: the period over which the alcohol was supplied:
g: the strength and volume of the alcohol supplied:
h: the age of the minor:
i: any other matter it thinks relevant in the particular circumstances.
5: Subsection (1) applies irrespective of any liability that may attach to the licensee or any manager or other person in respect of the sale or supply of the alcohol.
6: A person does not commit an offence against subsection (1) by supplying alcohol to a person who then supplies it to a third person who is a minor, unless it is proved that the person knew or had reasonable grounds to believe that the alcohol was intended for a minor.
7: This subsection applies to the minor at any time if he or she is then no longer subject to guardianship by operation of section 28 1989 No 63 s 160
242: Employment of minors
1: A licensee of any licensed premises who employs a minor in any capacity in any restricted area on the premises while that area is open for the sale of alcohol commits an offence.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine of not more than $2,000.
3: Subsection (1) does not apply to the employment in a restricted area of any person for the purpose of—
a: preparing or serving a meal; or
b: cleaning, repairing, maintaining, altering, or restocking the area or any equipment in the area; or
c: removing or replacing any equipment; or
d: stocktaking; or
e: checking or removing cash. 1989 No 63 s 161
243: Buying of alcohol by people under purchase age
1: A person under the purchase age who buys alcohol on or from any licensed premises commits an offence and is liable on conviction to a fine of not more than $2,000.
2: Subsection (1) does not apply to a person who buys alcohol on or from any licensed premises at the request of a constable acting in the course of his or her duties. 1989 No 63 s 162
244: Minors in restricted areas or supervised areas
1: A minor who is found in a restricted area on any licensed premises commits an offence.
2: A minor who is found in a supervised area on any licensed premises commits an offence unless he or she is accompanied by a parent or guardian.
3: A person who commits an offence against subsection (1) or (2) is liable on conviction to a fine of not more than $1,000.
4: Subsections (1) and (2) do not apply to a person—
a: who is an employee or agent of the licensee, or a person acting under a contract with the licensee or a manager, and who is in the restricted area or supervised area for the purpose of—
i: cleaning, repairing, maintaining, altering, or restocking the area or any equipment in the area; or
ii: removing or replacing any equipment; or
iii: stocktaking; or
iv: checking or removing cash; or
b: who is in the restricted area or supervised area for the purpose of preparing or serving a meal; or
c: who is in the restricted area or supervised area at the request of a constable acting in the course of his or her duties; or
d: who is in the supervised area for the purpose of selling or supplying alcohol. 1989 No 63 s 163
245: Permitting minors to be in restricted areas or supervised areas
1: A licensee or manager of any licensed premises who allows a minor to enter or remain in a restricted area or supervised area in contravention of section 244
2: A person who commits an offence against subsection (1) is liable on conviction to a fine of not more than $2,000.
3: In any proceedings for an offence against subsection (1) in respect of allowing a person (the customer
a: there was produced to the defendant, or an agent or employee of the defendant, a document purporting to be an approved evidence of age document; and
b: the defendant, agent, or employee believed on reasonable grounds that the document—
i: was an approved evidence of age document; and
ii: related to the customer; and
iii: indicated that the customer was not a minor; and
c: the defendant, agent, or employee reasonably believed that the customer was not a minor; and
d: the defendant satisfies the court that, as soon as the defendant, agent, or employee became aware of the situation, reasonable steps were taken to remove the customer from the restricted area or supervised area.
4: In any proceedings for an offence against subsection (1) in respect of allowing a person (the customer 1989 No 63 s 164
246: Who is guardian
For the purposes of this Act, a person is a minor's guardian only if he or she is guardian by virtue of the Care of Children Act 2004 Other offences on licensed premises
247: Unauthorised sale or supply
1: A person who is the licensee or manager of any licensed premises must take all reasonably practicable steps to ensure that the licensee does not do any of the following things without the authority of this Act:
a: sell or supply alcohol on the premises for consumption there; or
b: let people consume alcohol on the premises; or
c: sell or supply alcohol on the premises for consumption somewhere else.
2: A person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of a licensee, to either or both of the following:
i: a fine of not more than $20,000:
ii: the suspension of the licensee's licence for a period of not more than 7 days:
b: in the case of a manager, a fine of not more than $20,000. 1989 No 63 s 165
248: Sale or supply of alcohol to intoxicated people
1: The licensee or a manager of any licensed premises who sells or supplies alcohol to an intoxicated person commits an offence.
2: A person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of a licensee, to either or both of the following:
i: a fine of not more than $10,000:
ii: the suspension of the licensee's licence for a period of not more than 7 days:
b: in the case of a manager, a fine of not more than $10,000.
3: A person who is not a licensee or manager of licensed premises and who sells or supplies alcohol to an intoxicated person commits an offence.
4: A person who commits an offence against subsection (3) is liable on conviction to a fine of not more than $2,000.
5: Subsection (3) applies irrespective of any liability that may attach to the licensee or any manager in respect of the same offence. 1989 No 63 s 166
249: Allowing people to become intoxicated
1: The licensee or a manager of any licensed premises who allows any person to become intoxicated on the premises commits an offence.
2: A person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of a licensee, to either or both of the following:
i: a fine of not more than $10,000:
ii: the suspension of the licensee's licence for a period of not more than 7 days:
b: in the case of a manager, a fine of not more than $10,000. 1989 No 63 s 167
250: Manager intoxicated on duty
1: A manager of licensed premises who is intoxicated while on duty on the premises commits an offence.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine of not more than $4,000.
251: Employee intoxicated on duty
1: An employee of the licensee of any licensed premises who is intoxicated while on duty on the premises commits an offence.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine of not more than $2,000.
252: Allowing intoxication on licensed premises
1: The licensee or a manager of any licensed premises who allows an intoxicated person to be or remain on the licensed premises commits an offence.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine of not more than $5,000.
3: It is a defence to a charge under subsection (1) if the defendant satisfies the court that, as soon as the defendant or any employee of the licensee became aware of the situation, reasonable steps were taken in respect of the intoxicated person concerned, either—
a: to take the person to a place of safety on the licensed premises; or
b: to remove the person from the licensed premises. 1989 No 63 s 168
253: Allowing disorderly conduct on licensed premises
1: The licensee or a manager of any licensed premises who allows any violent, quarrelsome, insulting, or disorderly conduct to take place on the licensed premises commits an offence.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine of not more than $10,000.
3: It is a defence to a charge under subsection (1) if the defendant satisfies the court that, as soon as the defendant or any employee of the licensee became aware of the situation, reasonable steps were taken in respect of each person involved in the conduct concerned either—
a: to take the person to a place of safety on the licensed premises; or
b: to remove the person from the licensed premises. 1989 No 63 s 168
254: Sales of spirit in vessel exceeding 500 ml
1: The licensee or a manager of any licensed premises, or an employee of the licensee, who sells or supplies any spirit to any person, for consumption on the licensed premises, in a vessel exceeding 500 ml commits an offence.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine of not more than $2,000.
3: Subsection (1) does not apply to the sale or supply of any spirit to a person who is a lodger on the licensed premises for consumption in the part of the licensed premises in which that person lodges. 1989 No 63 s 169
255: Being on licensed premises outside licensing hours
1: A person commits an offence who on any day is found in any part of any licensed premises, other than club premises, that is used principally or exclusively for the sale, supply, or consumption of alcohol, at any time that—
a: is not a time when a special licence applies to the premises; and
b: is not between 6 am and the time when the next period of permitted trading hours for the premises begins; and
c: is—
i: more than 30 minutes after the premises are required to close for the sale of alcohol; or
ii: a time when the premises are required to be closed for the sale of alcohol.
2: A person who commits an offence against subsection (1) is liable on conviction to a fine of not more than $2,000.
3: Subsection (1) does not apply to—
a: the licensee:
b: the licensee's spouse, civil union partner, or de facto partner:
c: a manager:
d: a manager's spouse, civil union partner, or de facto partner:
e: a member of the immediate family of the licensee or a manager:
f: an employee of the licensee who does not live on the premises, during the hours he or she is employed to work on the premises, and for 60 minutes after those hours have ended:
g: a person who is the agent of the licensee, or acting under a contract with the licensee or a manager, and has the authority of the licensee or a manager to enter the premises—
i: to clean, repair, or restock the premises (or any equipment in them); or
ii: to check or remove cash:
h: a person who has the authority of the licensee or a manager to enter the premises to remove equipment (for example, band equipment):
i: an employee of the licensee who lives on the premises:
j: a person who lodges on the premises:
k: a genuine guest of a person described in paragraph (i) or (j) while that person is on the premises.
4: Subsection (1) does not apply in respect of a person who is found on any premises where an on-licence is in force if—
a: a special licence is also in force for those premises at the material time; and
b: that person's presence on the premises at that time is justified in terms of the special licence. 1989 No 63 s 170
256: Allowing people on licensed premises outside licensing hours
1: A licensee or a manager of any licensed premises who allows a person to be on licensed premises in contravention of section 255
2: A person who commits an offence against subsection (1) is liable on conviction to a fine of not more than $10,000. 1989 No 63 s 171
257: Offences relating to evidence of age documents
1: A person commits an offence who presents to the licensee or a manager of any licensed premises, or to an employee of the licensee,—
a: a document that purports to be an approved evidence of age document but is not; or
b: a genuine approved evidence of age document relating to the person but containing (whether because false information was given to the person issuing it, or information it contained when it was issued was later falsified) false information purporting to relate to the person's age or date of birth; or
c: a genuine approved evidence of age document containing information relating to some other person.
2: A person commits an offence who—
a: sells, hires, lends, or gives to any other person a document that purports to be an approved evidence of age document but is not; or
b: falsifies the information on a genuine approved evidence of age document relating to the age or date of birth of the person to whom the document relates.
3: A person commits an offence who, without reasonable excuse, sells, hires, lends, or gives to any other person—
a: a genuine approved evidence of age document relating to the other person but containing falsified information purporting to relate to the other person's age or date of birth; or
b: a genuine approved evidence of age document containing information relating to a person other than that other person.
4: A person who commits an offence against this section is liable on conviction to a fine of not more than $2,000. 1989 No 63 s 172
258: Licensee's offences in respect of manager
1: A licensee who fails, without reasonable excuse, to do any of the following commits an offence:
a: appoint a manager as required by section 212 213
b: ensure that section 214
c: comply with section 231
2: A person who commits an offence against subsection (1) is liable on conviction to a fine of not more than $5,000. 1989 No 63 s 172A Failure to comply with requirement or restriction
259: Failure to comply with certain requirements and restrictions imposed by or under this Act
1: A person commits an offence who fails or refuses to comply with—
a: any of sections 46 to 63 150(2) 231(1)
b: any requirement or prohibition imposed by regulations of a kind described in section 398(2) 401 section 397(1)﻿(f)
2: A person who commits an offence against subsection (1) is liable on conviction to a fine of not more than $5,000. Infringement offences
260: Infringement offences
In sections 261 to 264 infringement fee infringement offence
a: an offence against any of sections 243 244 245 250 251 254 257 259
b: an offence against section 258(1)﻿(b) section 214(3) specified infringement offence
a: an offence against any of sections 250 254 259
b: an offence against section 258(1)﻿(b) section 214(3) 1989 No 63 s 162A
261: Commission of infringement offences
1: A person who is alleged to have committed an infringement offence (other than an offence against section 259
a: be proceeded against for the alleged offence by the filing of a charging document under the Criminal Procedure Act 2011
b: be served with an infringement notice as provided for in section 262
2: A person who is alleged to have committed an offence against section 259 section 262 1989 No 63 s 162B Section 261(1)﻿(a) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013
262: Infringement notices
1: If a constable observes a person committing an infringement offence, or an inspector observes a person committing a specified infringement offence, or he or she has reasonable cause to believe that such an offence is being or has been committed by that person, an infringement notice in respect of that offence may be served on that person.
2: Any constable or inspector (not necessarily the person who issued the notice) may deliver the infringement notice (or a copy of it) to the person alleged to have committed an infringement offence personally or by post addressed to that person's last known place of residence.
3: For the purposes of the Summary Proceedings Act 1957
4: Every infringement notice must be in the prescribed form and must contain the following particulars:
a: such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and
b: the amount of the infringement fee; and
c: the address of the place at which the infringement fee may be paid; and
d: the time within which the infringement fee must be paid; and
e: a summary of the provisions of section 21(10)
f: a statement that the person served with the notice has a right to request a hearing; and
g: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and
h: any other particulars that may be prescribed.
5: If an infringement notice has been issued under this section, the procedure under section 21 1989 No 63 s 162C
263: Payment of infringement fees
All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account. 1989 No 63 s 162D
264: Regulations
1: The Governor-General may, by Order in Council made on the advice of the Minister, make regulations for all or any of the following purposes:
a: prescribing the infringement fee payable in respect of infringement offences:
b: prescribing the form of infringement notices and reminder notices for infringement offences, and any other particulars to be contained in infringement notices and reminder notices.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 264(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Closure of premises
265: Closure of premises by order
1: This section applies if a riot occurs, or there are reasonable grounds for believing that a riot may occur, in any place.
2: A District Court Judge or any 2 or more Justices or any 1 or more Community Magistrates may, at the request of a constable for the time being acting in that place, order every licensee in or within a specified distance of that place to close his or her licensed premises for the sale of alcohol during the time specified in the order, which time must not be later than 24 hours from the end of the day on which the order was made.
3: Any constable may use any force that may be necessary for the purpose of closing any licensed premises to which the order applies.
4: A licensee or a manager of any licensed premises to which the order applies who keeps the premises open for the sale of alcohol in contravention of the order commits an offence and is liable on conviction,—
a: in the case of a licensee, to either or both of the following:
i: a fine of not more than $10,000:
ii: the suspension of the licensee's licence for a period of not more than 7 days:
b: in the case of a manager, a fine of not more than $10,000.
5: A person who sells any alcohol on or from any licensed premises to which the order applies at any time while the order is in force commits an offence.
6: A person who commits an offence against subsection (5) is liable on conviction to a fine of not more than $3,000. 1989 No 63 s 173
266: Closure of licensed premises by Police
1: This section applies in the following circumstances:
a: if a riot is taking place or there are reasonable grounds for believing that a riot may occur on any licensed premises; or
b: if there is fighting or serious disorder or there are reasonable grounds for believing that fighting or serious disorder is about to break out on any licensed premises; or
c: if there is a significant threat to public health or safety; or
d: if the conduct on any licensed premises amounts to a substantial public nuisance; or
e: if there are reasonable grounds for believing offences have been committed on the premises that carry a maximum penalty of 5 years or more and there is a significant risk of further such offences being committed on the premises if the premises remain open.
2: A constable may order the closure of any licensed premises or any specified part of any licensed premises for the sale of alcohol until a time stated in the order, which time must not be later than 24 hours from the end of the day on which the order was made, or order any person to leave the premises or that specified part of them.
3: Any constable may use any force that may be necessary for the purpose of closing the licensed premises or any part of the licensed premises.
4: As soon as an order has been given, the licensee or a manager may apply to a District Court Judge or any 2 or more Justices or any 1 or more Community Magistrates for the revocation of the order.
5: The Judge or Justices or the Community Magistrate or Magistrates—
a: may revoke the order either unconditionally or subject to any conditions as he or she may think fit to impose; or
b: may refuse to revoke the order.
6: A licensee or a manager of any licensed premises to which the order applies who keeps the premises open or the specified part of them open for the sale of alcohol in contravention of the order commits an offence.
7: A person who commits an offence against subsection (6) is liable on conviction,—
a: in the case of a licensee, to either or both of the following:
i: a fine of not more than $10,000:
ii: the suspension of the licensee's licence for a period of not more than 7 days:
b: in the case of a manager, a fine of not more than $10,000.
8: A person who sells any alcohol on or from the licensed premises or the specified part of the licensed premises at any time while the order is in effect commits an offence.
9: A person who commits an offence against subsection (8) is liable on conviction to a fine of not more than $3,000. 1989 No 63 s 174 Powers of entry on licensed premises
267: Powers of entry on licensed premises
1: A constable or an inspector may at any reasonable time enter and inspect any licensed premises, or any part of any licensed premises, to ascertain whether the licensee is complying with the provisions of this Act and the conditions of the licence.
2: A constable or an inspector may at any time enter and inspect any licensed premises when he or she has reasonable grounds to believe that any offence against this Act is being committed on those licensed premises.
3: For the purposes of exercising the power conferred by this section, a constable or an inspector may—
a: require the production of any licence, or any book, notice, record, list, or other document that is required by this Act to be kept, and examine and make copies of it; and
b: require the licensee or manager to provide any information or assistance reasonably required by a constable or an inspector relating to any matter within the duties of the licensee or manager.
4: A person commits an offence and is liable on conviction to a fine of not more than $2,000 who, without reasonable excuse,—
a: refuses or fails to admit to any licensed premises any constable or inspector who demands entry under this section; or
b: delays unreasonably in admitting to any licensed premises any constable or inspector who demands entry under this section.
5: A person commits an offence and is liable on conviction to a fine of not more than $2,000 who, being the licensee or a manager of any licensed premises, without reasonable excuse, refuses or fails—
a: to produce the licence or any document when required to do so under subsection (3)﻿(a); or
b: to provide any assistance or information when required to do so under subsection (3)﻿(b). 1989 No 63 s 175
268: Power to seize samples of alcohol
1: This section applies where a constable or inspector has entered and is conducting an inspection of any licensed premises under section 267
2: If a constable or an inspector has reasonable cause to suspect that any person on the premises has committed, is committing, or is attempting to commit any offence against this Act, he or she may seize, without warrant, for the purpose of analysis, any liquid (including the container holding the liquid) in the possession of that person that is suspected of being alcohol. 1989 No 63 s 177A
269: Power of Police to demand information
1: A constable who has reasonable cause to suspect that any person has committed or is committing or is attempting to commit any offence against this Act may require the person to provide particulars of his or her name and address and date of birth.
2: A constable who believes on reasonable grounds that any particulars provided on requirement under subsection (1) are false may require the person concerned to provide satisfactory evidence of the particulars.
3: If any person, without reasonable excuse, refuses or fails to provide any particulars or evidence when required to do so by a constable under this section, and persists in refusing or failing after being cautioned by the constable, he or she may be arrested, without warrant, by any constable.
4: A person commits an offence and is liable on conviction to a fine of not more than $2,000 who, having been required by any constable to provide any particulars or evidence under this section, without reasonable excuse,—
a: refuses or fails to provide the particulars or evidence; or
b: provides any particulars or evidence knowing that the particulars or evidence are false in a material respect. 1989 No 63 s 176 Further powers of Police
270: Constable may apply for search warrant
1: A constable may apply for a search warrant to search any premises.
2: An issuing officer (within the meaning of section 3 subpart 3
a: any alcohol is being sold, or displayed or kept for sale, on any premises in which it may not lawfully be sold, or displayed or kept for sale; or
b: any premises is being kept or used as a place of resort for the consumption of alcohol in contravention of this Act.
3: The issuing officer may impose reasonable conditions on the execution of the warrant. 1989 No 63 s 177(1), (4)
271: Search and Surveillance Act 2012 to apply
Part 4 section 270 Matters of evidence
272: Matters of proof relating to status of premises
1: In any proceedings for an offence against any of the provisions of this Act in relation to anything done or omitted to be done on any licensed premises, it is not necessary for the prosecution to prove that the premises to which the charge relates are, or were at any material time, licensed premises, unless at least 3 working days before the hearing the defendant puts the question in issue by written notice to that effect served on the prosecution.
2: In any proceedings for an offence against any of the provisions of this Act in relation to the sale of any alcohol, or the keeping or displaying of any alcohol for sale, on any unlicensed premises, it is not necessary for the prosecution to prove that the premises are, or were at any material time, unlicensed, unless at least 3 working days before the hearing the defendant puts the question in issue by written notice to that effect served on the prosecution. 1989 No 63 s 178
273: Matters of proof relating to content of alcohol
In any proceedings for an offence against any of the provisions of this Act in relation to any alcohol, it is not necessary for the prosecution to prove that the substance concerned contains 1.15% or more ethanol by volume unless at least 20 working days before the hearing the defendant puts the question in issue by written notice to that effect served on the prosecution. 1989 No 63 s 179
274: Evidence of sale or consumption of alcohol
1: In any proceedings for an offence against any of the provisions of this Act in relation to the sale or consumption of alcohol on any licensed premises or unlicensed premises, it is not necessary for the prosecution to prove that any money passed or any alcohol was actually consumed, if the court is satisfied that a transaction in the nature of a sale actually took place or that any consumption of alcohol was about to take place.
2: In any proceedings for an offence against any of the provisions of this Act in relation to the sale of alcohol on any licensed premises, proof of consumption or intended consumption of alcohol on the premises, or of the carrying away of alcohol from the premises, by some person other than the occupier of the premises or any person employed on them is evidence that the alcohol was sold to that person by or on behalf of the licensee.
3: In any proceedings for an offence against any of sections 244 245 247 248 255 256
4: In any proceedings for an offence against any of sections 239 241 to 245
a: any element of the offence relating to the age of any person must be treated as having been proved unless at least 20 working days before the hearing the defendant puts the question in issue by written notice to that effect served on the prosecution; and
b: the age of any person may be proved by the production of—
i: a birth certificate (within the meaning of section 4
ii: an approved evidence of age document; or
iii: a passport relating to the person. 1989 No 63 s 180 Section 274(4)﻿(b)﻿(i) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Miscellaneous provisions
275: Liability of licensees for offences by managers
The licensee of any licensed premises is not responsible for any offence against this Act committed by any manager of those premises except where the licensee is a party to the offence. 1989 No 63 s 181
276: Community Magistrates have jurisdiction in some cases
A District Court presided over by 1 or more Community Magistrates has jurisdiction in respect of any offence against this Act that is not punishable by imprisonment.
277: Forfeiture
1: A constable may seize and remove any alcohol and the vessels containing it if there are reasonable grounds to suppose that the alcohol is intended for consumption in contravention of this Act.
2: On a person's being found guilty of an offence against this Act in respect of any alcohol seized, the alcohol and the vessels containing it are forfeit to the Crown.
3: Alcohol and the vessels containing it are forfeit to the Crown if—
a: it is seized by the Police from a minor who is issued with an infringement notice in respect of an offence against this Act alleged to have been committed by the minor's drinking it, or having it in his or her possession or control, in a public place; and
b: the infringement fee is later paid.
4: If a person is acquitted of an offence against this Act, alcohol seized under this section in relation to the offence—
a: may be collected from the relevant police station within 28 days of the acquittal by or on behalf of the person or, if the person is under the age of 18 years, by his or her parent or guardian; and
b: if not collected within that time, may be disposed of in any manner the Commissioner of Police directs.
278: Notice of prosecution or conviction of managers and licensees
1: Any person who files a charging document the charging document
2: On the conviction of a manager of any licensed premises of an offence against this Act, the Registrar of the court by which the conviction is entered must send a notice of the conviction, together with any recommendation made by the court in respect of the manager's certificate, to—
a: the licensee; and
b: the secretary of the licensing authority.
3: On the conviction of a licensee or a manager for an offence against this Act, the Registrar of the court by which the conviction was entered must send a notice of the conviction, together with any recommendation made by the court in respect of the licence, to the secretary of the licensing authority, the Police, the inspector, and the Medical Officer of Health. 1989 No 63 s 184 Section 278(1) amended 4 October 2013 regulation 3(1) Criminal Procedure (Consequential Amendments) Regulations 2013
9: Other enforcement provisions
General enforcement provisions
279: Building Act 2004
1: If an inspector believes that any building or sitework does not comply with the Building Act 2004
2: For the purposes of this section, building sitework territorial authority section 7 1989 No 63 s 131A
280: Variation, suspension, or cancellation of licences other than special licences
1: Any constable or any inspector may at any time apply to the licensing authority for an order—
a: varying or revoking any condition of a licence, other than a special licence, imposed by the licensing authority or a licensing committee, or imposing any new condition (relating to any matters specified in section 110(1) 116(1) 117(1)
b: suspending the licence; or
c: cancelling the licence.
2: Every application for an order must—
a: be in a form approved by the chief executive after consultation with the chairperson of the licensing authority and be made in the prescribed manner; and
b: contain the prescribed particulars; and
c: be made to the licensing authority.
3: The grounds on which an application for an order may be made are as follows:
a: that the licensed premises have been conducted in breach of any of the provisions of this Act or of any conditions of the licence or otherwise in an improper manner:
b: that the conduct of the licensee is such as to show that he or she is not a suitable person to hold the licence:
c: that the licensed premises are being used in a disorderly manner so as to be obnoxious to neighbouring residents or to the public.
4: The secretary must—
a: send a copy of the application to the licensee; and
b: fix the earliest practicable date for a public hearing of the application; and
c: give at least 10 working days' notice of the date, time, and place of the hearing to the applicant and the licensee.
5: If the licensing authority is satisfied that any of the grounds specified in subsection (3) is established and that it is desirable to make an order under this section, it may, by order,—
a: vary or revoke any condition of the licence imposed by the licensing authority or a licensing committee: or
b: impose any new condition (relating to any matter specified in section 110(1) 116(1) 117(1)
c: suspend the licence for such period not exceeding 6 months as the licensing authority thinks fit; or
d: cancel the licence.
6: Instead of making an order under subsection (5), the licensing authority may adjourn the application for any period it thinks fit to give the licensee an opportunity to remedy any matters that the licensing authority may require to be remedied within that period. 1989 No 63 s 132 Section 280(2)﻿(a) replaced 29 October 2019 section 272 Tribunals Powers and Procedures Legislation Act 2018
281: Suspension or cancellation of licences by licensing authority in respect of certain offences
1: This section and section 282
a: by a licensee or manager against section 237 239(1) 247 248(1) 249
b: by a person (not being a licensee or manager) against section 239(2) 248(3)
2: A constable must, immediately after the licensee or manager or person has been convicted of the offence, send a report to the licensing authority.
3: The report must include—
a: a certificate of the conviction from the Registrar of the court concerned; and
b: a summary of the evidence on which the conviction was based; and
c: a statement by the Police as to whether or not the licensed premises concerned have been conducted in breach of any other provisions of this Act or of any conditions of the licence or otherwise in an improper manner and, if so, a statement of the circumstances; and
d: a statement by the Police as to whether or not the conduct of the licensee is such as to show that the licensee is not a suitable person to hold the licence and, if so, a statement of the circumstances; and
e: a recommendation by the Police as to whether the licence of the licensee should be suspended or cancelled; and
f: the reasons for the recommendation.
4: Immediately after receiving the report, the licensing authority must consider it.
5: If, after considering the report, the licensing authority considers that it should hold a public hearing into whether the licence held by the licensee should be suspended or cancelled, the secretary must—
a: advise the licensee accordingly; and
b: send a copy of the report of the Police to the licensee; and
c: fix the earliest practicable date for a public hearing of the matter; and
d: give at least 10 working days' notice of the date, time, and place of the hearing to the Police and the licensee. 1989 No 63 s 132A(1)–(5)
282: Hearing for suspension or cancellation under section 281
1: A certificate of the conviction included in the report of the Police under section 281(3)﻿(a)
2: At the conclusion of the hearing, the licensing authority may make an order under subsection (3) if—
a: it is satisfied of either or both of the following matters:
i: that the licensed premises concerned have been conducted in breach of the provisions of this Act or of any conditions of the licence or otherwise in an improper manner:
ii: the licensee is not a suitable person to hold a licence; and
b: it is also satisfied that it is desirable to make an order under that subsection.
3: An order made under this subsection is an order to—
a: suspend the licence for any period, not exceeding 6 months, as the licensing authority thinks fit; or
b: cancel the licence.
4: Instead of making an order under subsection (3), the licensing authority may adjourn the hearing for any period it thinks fit to give the licensee an opportunity to remedy any matters that the licensing authority may require to be remedied within the period. 1989 No 63 s 132A(5)–(10)
283: Variation, suspension, or cancellation of special licences
1: A constable or any inspector may at any time apply to a licensing committee for an order—
a: varying or revoking any condition of a special licence imposed by the committee, or imposing any new condition (relating to any matters specified in section 147
b: suspending the licence; or
c: cancelling the licence.
2: Every application for an order must—
a: be made in the prescribed form and manner; and
b: contain the prescribed particulars; and
c: be made to the licensing committee that issued the licence.
3: The grounds on which an application for an order under this section may be made are as follows:
a: that the licensed premises have been conducted in breach of any of the provisions of this Act or of any conditions of the licence or otherwise in an improper manner:
b: that the conduct of the licensee is such as to show that he or she is not a suitable person to hold the licence:
c: that the licensed premises are being used in a disorderly manner so as to be obnoxious to neighbouring residents or to the public.
4: The secretary must—
a: send a copy of the application to the licensee; and
b: fix the earliest practicable date for a public hearing of the application; and
c: give at least 10 working days' notice of the date, time, and place of the hearing to the applicant and the licensee. 1989 No 63 s 133(1), (2), (3), and (4)
284: Hearing for variation, suspension, or cancellation of special licences under section 283
1: If the licensing committee is satisfied that any of the grounds specified in section 283(3)
a: vary or revoke any condition of the licence imposed by the committee; or
b: impose any new condition (relating to any matter specified in section 147
c: suspend the licence for any period the committee thinks fit; or
d: cancel the licence.
2: Instead of making an order under subsection (1), the licensing committee may adjourn the application for any period it thinks fit to give the licensee an opportunity to remedy any matters that the committee may require to be remedied within that period.
3: If the licensing committee makes an order under this section, the secretary must send a copy to the secretary of the licensing authority. 1989 No 63 s 133(5)–(8)
285: Suspension or cancellation of manager's certificates
1: Any constable or any inspector may at any time apply in accordance with this section for an order by the licensing authority—
a: suspending a manager's certificate; or
b: cancelling a manager's certificate.
2: Every application for an order under this section must—
a: be in a form approved by the chief executive after consultation with the chairperson of the licensing authority and be made in the prescribed manner; and
b: contain the prescribed particulars; and
c: be made to the licensing authority.
3: The grounds on which an application for an order under this section may be made are as follows:
a: that the manager has failed to conduct any licensed premises in a proper manner:
b: that the conduct of the manager is such as to show that he or she is not a suitable person to hold the certificate.
4: The secretary of the licensing authority must—
a: send a copy of the application to the manager and to the licensee of any licensed premises to which any allegations against the manager relate; and
b: fix the earliest practicable date for a public hearing of the application; and
c: give at least 10 working days' notice of the public hearing to the applicant and the manager.
5: If the licensing authority is satisfied that either of the grounds specified in subsection (3) is established and that it is desirable to make an order under this section, it may, by order,—
a: suspend the certificate for such period not exceeding 6 months as the licensing authority thinks fit; or
b: cancel the certificate.
6: Instead of making an order under subsection (5), the licensing authority may adjourn the application for any period it thinks fit to give the manager an opportunity to remedy any matters that the licensing authority may require to be remedied within that period. 1989 No 63 s 135 Section 285(2)﻿(a) replaced 29 October 2019 section 273 Tribunals Powers and Procedures Legislation Act 2018
286: Suspension of licence for non-compliance with public health or fire precaution requirements
1: A Medical Officer of Health or any person appointed as a FENZ inspector under section 166
2: The requirements are those relating to public health or to the escape of people in the event of fire (whether in accordance with an evacuation scheme for public safety which meets the requirements of section 76 Building Act 2004
3: The licensing committee must give notice in writing to the licensee calling upon the licensee to appear before the committee at a time and place to be specified in the notice, being not earlier than 7 working days after the giving of the notice, to show cause why the licence should not be suspended.
4: If, after hearing the licensee (if he or she appears), the licensing committee is satisfied that the licensee has failed to comply with any requirement referred to in subsection (2), it may order the licensee to do all such things as may be necessary to meet those requirements within any reasonable time it may specify, and, in the case of default, may suspend the licence until those requirements have been met.
5: Despite subsection (3), if, in any case to which that subsection applies, the licensing committee is satisfied that, because of the licensee's failure to comply with any requirement referred to in subsection (2), the health of people using the premises to which the application relates is likely to be injured, or their safety is likely to be endangered, the committee must suspend the licence until it is satisfied that all things necessary or desirable to remedy the default have been done.
6: Without limiting subsection (3) and despite subsection (4), the licensing committee may, instead of suspending the licence, order the closure of any part of the premises accordingly for the undertaking of the necessary work if, in any case to which subsection (4) applies, the committee is satisfied—
a: that the risk to the health or the danger to the safety of people using the premises has arisen from any circumstances beyond the control of the licensee or manager; or
b: that the risk or danger can be averted by ordering the closure of part only of the premises.
7: If the work is not completed to the satisfaction of the committee within any period as the committee may allow, the committee must suspend the licence under subsection (4).
8: While any licence is suspended the premises must be treated as not being licensed premises. 1989 No 63 s 134 Section 286(1) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 286(2) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017
287: Automatic suspension of licence for non-payment of annual fee
A licence for which the annual fee prescribed by regulations made under this Act is not paid within 30 days after the day on which it is due is suspended for the period—
a: beginning on the day 31 days after the day on which it is due; and
b: ending on the day on which it, and all penalties payable in respect of its late payment, are fully paid. Cancellation of licences and manager's certificates for repeat offending or breaches
288: Holdings giving rise to cancellation of licence and manager's certificate
1: Sections 289 290 holding
a: done anything that encouraged people, or was likely to encourage people, to consume alcohol to an excessive extent; or
b: promoted or advertised discounts on alcohol in a way that lead people, or was likely to lead people, to believe that the price was 25% or more below the price at which the alcohol was ordinarily sold (otherwise than—
i: on the premises; or
ii: in the catalogue or similar price-list of the holder of an off-licence endorsed under section 40
c: held or had on the premises a promotion or advertisement of discounts on alcohol that—
i: led people, or was likely to lead people, to believe that the price was 25% or more below the price at which the alcohol was ordinarily sold; and
ii: could be seen (or, in the case of an audible promotion or advertisement, heard) from outside the premises; or
d: promoted or advertised alcohol that was free of charge (otherwise than—
i: by promoting or advertising the complimentary sampling of alcohol for consumption on premises for which an off-licence was held; or
ii: by a promotion or advertisement within licensed premises that could not be seen (or in the case of an audible promotion or advertisement, heard) from outside the premises); or
e: offered (otherwise than by means of an offer made only on licensed premises, and made only in relation to the buying of alcohol on those premises) any goods or services, or the opportunity to obtain any goods or services, or the opportunity to win a prize, on the condition that alcohol was bought; or
f: promoted a competition that required or enabled people to enter it by buying alcohol (otherwise than—
i: by offering (by means of an offer made only on licensed premises, and made only in relation to the buying of alcohol on those premises) any goods or services, or the opportunity to obtain any goods or services, or the opportunity to win a prize, on the condition that alcohol is bought; or
ii: by simply stocking, displaying, and selling the alcohol concerned); or
g: promoted or advertised alcohol in a manner aimed at, or that had, or was likely to have, special appeal to, minors; or
h: sold or supplied any alcohol on or from the premises to a person who was under the purchase age; or
i: allowed any alcohol to be sold or supplied on or from the premises to a person who was under the purchase age; or
j: sold or supplied alcohol to a person at a time when the licensee was not authorised by the licence or this Act to sell or supply alcohol to the person; or
k: sold or supplied alcohol to an intoxicated person.
2: In sections 289 290 negative holding
289: Cancellation of licence after 3 holdings within 3 years
1: A constable or an inspector (as the case may be) must make an application for an order by the licensing authority cancelling the licensee's licence if—
a: an application has been made for a finding that, if proven, will result in a negative holding; and
b: 2 negative holdings have been made in relation to the licensee in respect of incidents occurring during the period of 3 years ending immediately before the day on which the incident giving rise to the application referred to in paragraph (a) occurred; and
c: the application and the 2 previous holdings all relate to the same premises.
2: The licensing authority may cancel the licensee's licence if—
a: the licensing authority makes a negative holding that is the subject of the application referred to in subsection (1)﻿(a) in relation to the licensee; and
b: 2 other negative holdings have been made in relation to the licensee in respect of incidents occurring during the period of 3 years ending immediately before the day on which the incident giving rise to the negative holding referred to in paragraph (a) occurred; and
c: all the negative holdings relate to the same premises.
3: A cancellation of a licence takes effect on the date specified in the order, which date must not be more than 3 months after the date of the third holding.
4: A decision by the licensing authority to cancel a licence under this section may not be appealed against to the High Court.
290: Cancellation of manager's certificate after 3 holdings within 3 years
1: The licensing authority must make an order cancelling a manager's certificate if—
a: the court or the licensing authority makes a negative holding in relation to the manager concerned; and
b: 2 other negative holdings have been made in relation to the manager concerned in respect of incidents occurring during the period of 3 years ending immediately before the day on which the incident giving rise to the negative holding referred to in paragraph (a) occurred.
2: A cancellation under this section takes effect immediately.
3: A decision by the licensing authority to cancel a manager's certificate under this section may not be appealed against to the High Court.
291: Procedure for applications for cancellation of licence
1: An application for cancellation of a licence under section 289 section 285(2)
2: The licensing authority must—
a: send a copy of the application to the licensee; and
b: fix the earliest practicable date for a public hearing of the application; and
c: give at least 10 days' notice of the hearing to the applicant and the licensee.
3: The applicant and the licensee are entitled to appear and be heard at the hearing, whether personally or by counsel, and to call, examine, and cross-examine any witnesses.
4: The evidence of any witnesses, and any submissions made, must be limited to whether the grounds for cancellation (specified in section 289(2)
292: Restrictions on person whose licence has been cancelled
1: This subsection applies to a person whose licence has been cancelled under section 289
2: The licensing authority must not grant an application for a licence to a person to whom subsection (1) applies in respect of premises to which the holdings relate.
293: Restriction on person whose manager's certificate has been cancelled
1: This subsection applies to a person whose manager's certificate has been cancelled under section 290
2: The licensing authority must not issue a manager's certificate to a person to whom subsection (1) applies.
3: A person to whom subsection (1) applies must not be appointed as a temporary manager or an acting manager under section 229 230
4: A purported appointment at any time of a person to whom subsection (1) applies as a temporary manager or an acting manager under section 229 230 section 230 section 230(2)
5: Subsections (2) to (4) override sections 222 to 231
294: Licensing authority may cancel manager's certificate after making finding
If the licensing authority makes a finding to which section 290 Agencies' duty to collaborate
295: Duty to collaborate
The Police, inspectors, and Medical Officers of Health within each territorial authority's district must—
a: establish and maintain arrangements with each other to ensure the ongoing monitoring of licences and the enforcement of this Act; and
b: work together to develop and implement strategies for the reduction of alcohol-related harm. Licensing authority to keep and maintain list
296: List of licensees and managers who hold licences or manager's certificates
1: The secretary of the licensing authority must keep and maintain a list of licensees and managers who hold licences or manager's certificates.
2: The list must include the following information in respect of a licensee or manager:
a: the licensee's or manager's name:
b: the licence or manager's certificate number, as the case may be:
c: any holdings to which section 288
297: Removal of entry relating to holding
The secretary of the licensing authority must remove an entry on the list relating to a holding on the date that is 4 years after the date on which the incident giving rise to that holding occurred.
298: Purpose of list
The purpose of the list is to ensure the accurate enforcement of the cancellation of licences and manager's certificates where a licensee or a manager has been repeatedly convicted of offences or the licensing authority has made findings against a licensee or manager in respect of offences and contraventions of the Act listed in section 288
299: List to be made available to constables and inspectors only
1: The secretary of the licensing authority must make the list available to constables and inspectors.
2: The list must not be made available to any other person and does not form part of the register maintained by the secretary under section 65
3: A constable or inspector may only use or access the list for the purpose set out in section 298
3: Licensing trusts, community trusts, and other matters
1: Licensing trusts
Establishment of licensing trusts
300: Licensing trust established by Order in Council
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, establish a licensing trust for any area if that area does not overlap (wholly or partly) the district of any other licensing trust.
2: The Order in Council may do all or any of the following things in relation to the licensing trust:
a: prescribe its name:
b: define its district in accordance with subsection (4):
c: prescribe the number of members:
d: prescribe the number of members for a quorum at a meeting of the trust:
e: divide (in accordance with subsection (4)) the district of the trust into wards for the election of members, and prescribe the names and boundaries of the ward and the number of members for each ward:
f: make any other necessary provision for establishing the trust in accordance with this Part.
3: The Order in Council must—
a: appoint the date for the first election of the members of the trust; and
b: nominate a person to chair the first meeting of the members for the election of the president of the trust.
4: The boundaries of the licensing trust district and any wards must coincide with the boundaries of the current statistical meshblock areas determined by Statistics New Zealand and used for parliamentary electoral purposes.
5: An order under this section is secondary legislation ( see Part 3 1989 No 63 s 185(1), (3) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 300(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
301: When Minister must recommend establishment of licensing trust
The Minister must recommend the making of an order establishing a licensing trust for an area on the request in writing of at least 15% of the residential electors of the area. 1989 No 63 s 185(2)
302: Licensing trust is body corporate
1: A licensing trust is a body corporate having perpetual succession.
2: A licensing trust must have a seal. 1989 No 63 s 186
303: Existing licensing trusts continue in existence
1: This section applies to a licensing trust constituted under the Sale of Liquor Act 1989 existing licensing trust
2: The existing licensing trusts are the trusts listed in Parts 1 and 2 of Schedule 1
3: An existing licensing trust continues in existence as if it were a trust established under this Act except that the next election of its members must be held on the day on which the next succeeding triennial general election of members of territorial authorities is held under the Local Electoral Act 2001 1989 No 63 s 241(1)
304: Alteration of trust boundaries
1: The Governor-General may, by Order in Council made on the advice of the Minister, alter the boundaries of licensing trusts to coincide with the boundaries of the current statistical meshblock areas determined by Statistics New Zealand and used for parliamentary electoral purposes ( meshblocks
2: The Minister may give the advice referred to in subsection (1) only on the recommendation of the Local Government Commission (the Commission
3: The Commission may from time to time review the boundaries of 1 or more licensing trusts and, after consulting with affected persons (including the members of each trust, any affected licensees, and the trust's electoral officer), may recommend their alteration to coincide with meshblocks.
4: The monopoly provisions in section 350
5: The alteration of the boundaries of a trust district must not have the effect of disqualifying a member of the trust at the date of alteration whose residence falls outside the new boundaries of the trust district, but this subsection does not affect the ineligibility of any such person to vote or stand as a candidate in later elections of members of the trust.
6: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 304(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
305: Functions of licensing trust
1: The functions of a licensing trust are to—
a: sell and supply alcohol; and
b: establish and operate premises for—
i: the sale and supply of alcohol; and
ii: the provision of accommodation for travellers; and
iii: the sale and supply of food and refreshments; and
c: carry on any other business that, in the trust's opinion, can be conveniently carried on in conjunction with the functions set out in paragraphs (a) and (b).
2: For the purpose of performing its functions, a licensing trust may—
a: do anything that a natural person may do; and
b: issue debt securities. 1989 No 63 s 187 ss 17 18
306: Licensing trust liable to taxes
A licensing trust is liable to income tax, rates, and all other taxes and duties, as if it were a body corporate formed for private pecuniary gain. 1989 No 63 s 188
307: How licensing trust may spend profits
A licensing trust may spend or distribute the net profit that it makes in performing its functions for all or any of the following purposes:
a: the promotion, advancement, or encouragement of education, science, literature, art, physical welfare, and other cultural and recreational purposes:
b: building, laying out, maintaining, or repairing buildings or places intended to further any of the purposes described in paragraph (a):
c: any other philanthropic purposes. 1989 No 63 s 189 Elections
308: Election of members
The members of a licensing trust are elected in accordance with sections 309 to 314 1989 No 63 s 190
309: Qualification to be elected or appointed member
A person is qualified to be elected or appointed a member of a licensing trust if he or she is not disqualified under section 322
a: in the case of a trust district not divided into wards, is qualified to vote under section 312(1)
b: in the case of a trust district divided into wards, is qualified under section 312(2) 1989 No 63 s 200(1)﻿(a)
310: First election of members
1: The first election of members of a licensing trust established under section 300
2: The electoral officer for the election is the electoral officer of the territorial authority in whose district the licensing trust is situated. 1989 No 63 s 191
311: Second and later elections
1: If the first election of members of a licensing trust is not held on the same day as a triennial general election,—
a: the second election must be held on the day of a triennial general election that is at least 4 years after the first election; and
b: all later elections must be held on the same days as later triennial general elections.
2: If the first election of members is held on the same day as a triennial general election, all later elections must be held on the same days as later triennial general elections.
3: The electoral officer for the second and later elections is the electoral officer of the territorial authority in whose district the licensing trust is situated. 1989 No 63 s 192
312: Who is qualified to vote in election of members of licensing trust
1: Subject to subsection (2), a person is qualified to vote in the election of members of a licensing trust if that person is qualified as a residential elector of a territorial authority in whose district the trust is situated and resides in the trust district.
2: If the trust district is divided into wards, a person who is qualified as a residential elector of the territorial authority on the basis of a residential address within that ward—
a: is qualified to vote in the election of the member or members for that ward; and
b: is not qualified to vote in the election of any other member. 1989 No 63 s 193
313: Conduct of election
Subject to this Part and any regulations made under this Act, the election of the members of a licensing trust must be conducted under the Local Electoral Act 2001 1989 No 63 s 194(1)
314: Electoral roll
1: The electoral roll of a licensing trust is,—
a: if the trust district is contained within the district of a territorial authority, the electoral roll of residential electors of that territorial authority who reside in the trust district; and
b: in any other case, the electoral rolls for residential electors of the territorial authorities whose districts the trust district overlaps who reside in the trust's district.
2: The electoral officer of a territorial authority whose district contains or overlaps a trust district must indicate on the electoral roll for the residential electors of that territorial authority—
a: the names of the persons qualified to vote at elections of members of the licensing trust; and
b: if the trust district is divided into wards, for each person who is qualified to vote at elections of members of the licensing trust, the ward in which that person is qualified to vote.
3: The electoral officer may indicate the names of persons qualified to vote by appropriate words, abbreviations, or marks. 1989 No 63 s 194
315: Governor-General may appoint members to make up required number
1: The Governor-General may appoint as many members of a licensing trust as are required if at any election of members for the trust—
a: no members are elected; or
b: fewer members are elected than the required number.
2: A person appointed under this section holds office as if that person had been duly elected at the election. 1989 No 63 s 195
316: Term of office
1: The members of a licensing trust hold office until their successors are appointed or elected at the next triennial general election of members.
2: An individual member ceases to hold office if he or she vacates his or her office.
3: A member is eligible for re-election. Members
317: Election of president of trust
1: At the first meeting of a licensing trust after an election of members, the members must elect one of themselves as president of the trust.
2: For the purposes of electing the president, the meeting must be chaired,—
a: in the case of the election of the president following the first election of members, by the person nominated for the purpose by the Order in Council establishing the trust; and
b: in all other cases, by the secretary of the trust.
3: If the votes for president are tied, the election must be decided by the candidates drawing lots as directed by the members.
4: The president comes into office on election and holds office until the election of a successor, and may stand for re-election as president. 1989 No 63 s 196(1)–(5)
318: Vacancy in office of president
1: The office of president becomes vacant on—
a: the written resignation of the president delivered to the secretary of the trust:
b: the president's ceasing to be a member of the trust.
2: Where a vacancy occurs, the secretary must convene a meeting of the trust for the election of a successor as president. 1989 No 63 s 196(5), (6)
319: Deputy president
1: The members of a licensing trust may appoint one of themselves as deputy president.
2: The deputy president must act as president of the trust during the temporary absence or incapacity of the president and in that capacity may do anything that the president could have done.
3: The exercise or performance by the deputy president of any power, duty, or function of the president is conclusive evidence of his or her authority to exercise or perform that power, duty, or function. 1989 No 63 s 197
320: Minister may appoint deputy of member
1: This section applies where the Minister is satisfied that a member of a licensing trust is unable through illness, absence, or some other adequate reason to perform his or her duties.
2: In any case to which this section applies, the Minister may appoint a person to act as deputy for the member, and the person appointed must be a person nominated by the trust or, if the trust fails to nominate a person, a person selected by the Minister at his or her discretion.
3: There may not be more than 1 deputy in respect of a licensing trust at any one time.
4: A person appointed as a deputy under this section and acting in that capacity is treated for all purposes as if he or she were a member of the trust.
5: The validity of the appointment of a person as deputy, and the acts of that person as deputy and of the trust while that person is acting in that capacity, must not be challenged in any proceeding on the basis that—
a: there was no ground for making the appointment; or
b: the ground for making the appointment had come to an end. 1989 No 63 s 198
321: Remuneration
A licensing trust may pay the president and each member of the trust fees, travelling allowances, and expenses in accordance with the framework determined by the Government from time to time for the classification and remuneration of statutory and other bodies. 1989 No 63 s 199 Disqualification and vacancies
322: Disqualification from election or appointment as member of licensing trust
1: A person is disqualified from election or appointment as a member of a licensing trust if he or she—
a: is not a residential elector of the trust district or, in the case of the election or appointment of any member for a ward of a divided trust district, is not a residential elector entitled to vote at elections of members for that ward:
b: has (directly or by virtue of his or her relationship with another person) such an involvement or appearance of involvement with the alcohol industry that he or she could not perform the duties of a member of a licensing trust without actual bias or the appearance of bias.
2: If the effect of the alteration of the boundaries of a trust district or ward on the recommendation of the Local Government Commission under section 304 337 1989 No 63 s 200(1), (1A)
323: Disqualification from continuing to be member of licensing trust
1: A member of a licensing trust is disqualified from continuing to be a member of the trust if he or she would be disqualified under section 322
2: However, where an order is made under section 30
a: the member is not disqualified from continuing as a member of the trust by reason only of the order; but
b: while the order remains in force, the member is deemed to have been granted leave of absence and is not capable of acting as a member of the trust. 1989 No 63 s 201(2)
324: Offence of acting as member of licensing trust while disqualified
A person who, while disqualified under section 322 323 1989 No 63 s 200(4)
325: Vacation of office by members
A member of a licensing trust vacates his or her office if he or she—
a: dies; or
b: becomes disqualified under section 322
c: resigns by notice in writing to the president or the secretary of the trust; or
d: is removed under section 328
e: is absent without the leave of the trust from 4 consecutive meetings of the trust. 1989 No 63 s 201(1)
326: Extraordinary vacancies
1: An extraordinary vacancy in the office of a member of a licensing trust occurs when a member vacates office under section 325
2: An extraordinary vacancy must be filled by an election under the applicable provisions of the Local Electoral Act 2001
3: However, if the extraordinary vacancy is a vacancy in the office of an elected member that occurs 12 months or less than 12 months before the date fixed for the next triennial general election of members, either—
a: the vacancy must remain unfilled until the next triennial general election of members; or
b: the trust may by resolution appoint a person that is qualified to be elected as a member to fill the vacancy, in which case the person appointed is treated for all purposes as if he or she had been elected.
4: A person elected or appointed to fill an extraordinary vacancy holds office only for the remainder of the previous member's term. 1989 No 63 s 202 Removal from office
327: District Court may issue removal summons
1: The office of the District Court
2: For the purpose of this section, a removal summons 1989 No 63 s 203(1) Section 327(1) amended 1 March 2017 section 261 District Court Act 2016
328: District Court may remove member from office
1: The office of the District Court section 327
a: the summons has been served on the member; and
b: on the basis of affidavit evidence or oral evidence on oath, the member is or has become, under this or another Act, disqualified from continuing in office or otherwise incapable of holding office.
2: In proceedings under this section,—
a: the District Court may exercise all the powers that it may exercise in its ordinary jurisdiction in civil cases; and
b: the procedure of the District Court applies as far as applicable.
3: The District Court must not under this section hear any matter in relation to a disputed election of a member of a licensing trust. 1989 No 63 s 203(2)–(5) Section 328(1) amended 1 March 2017 section 261 District Court Act 2016 Conduct of business
329: First meeting of trust
The first meeting of a licensing trust established under section 300 1989 No 63 s 204(1)
330: Procedure at meetings
1: Subject to section 331(1)
2: The president must chair all meetings of the trust at which the president is present.
3: Each question to be decided at a meeting must be decided by a majority of the valid votes recorded on the question.
4: The person chairing the meeting may vote in his or her own right as a member, and as chair has a casting vote if the voting is tied. 1989 No 63 s 204(2)–(5)
331: Trusts may determine own procedure
1: Subject to subsection (2), a licensing trust may regulate as it thinks fit—
a: its meetings and proceedings; and
b: the general conduct of its business.
2: Subsection (1) is subject to—
a: this Part; and
b: any regulations made under this Act; and
c: the Local Government Official Information and Meetings Act 1987 1989 No 63 s 205
332: Financial year
The financial year of a licensing trust begins on 1 April in each year and ends on 31 March in the following year.
333: Accounting records
1: The members of a licensing trust must ensure that there are kept at all times accounting records that—
a: correctly record the transactions of the licensing trust; and
b: will enable the members to ensure that the financial statements of the licensing trust comply with this Act; and
c: will enable the financial statements of the licensing trust to be readily and properly audited.
1A: The members of a licensing trust must establish and maintain a satisfactory system of control of the accounting records.
1B: The accounting records must be kept—
a: in written form in English; or
b: in a form or manner in which they are easily accessible and convertible into written form in English.
2: If the members fail to comply with this section section 374(2) section 376 Section 333 heading replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 333(1) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 333(1A) inserted 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 333(1B) inserted 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 333(2) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
334: Financial statements
1: The members of a licensing trust must ensure that , within 5 months after the end of each financial year, the financial year
2: The financial statements must be prepared in accordance with generally accepted accounting practice.
3: The financial statements must be audited by the Auditor-General.
4: The audited financial statements must, as soon as practicable after the completion of their audit, be publicly notified in accordance with regulations made under this Act.
5: If the members fail to comply with the requirements of this section, each member commits an offence and is liable on conviction to the penalty set out in section 374(2) section 376 Section 334(1) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
335: Annual meeting of electors
1: A licensing trust must hold a meeting of electors within 2 months after the annual financial statements have been audited by the Auditor-General.
2: The trust must give the electors public notice of the meeting not less than 10 working days before the meeting.
3: At the meeting of electors, the president and members of the trust must—
a: present a report (the annual report
b: provide a reasonable opportunity for electors at the meeting to ask questions about, and to discuss or comment on, those operations.
4: The annual report must—
a: include the financial statements for the immediate past financial year; and
b: show separately for that financial year—
i: the total remuneration paid to the members of the licensing trust; and
ii: for employees or former employees who were paid remuneration and other benefits of $100,000 per annum or more as employees, the number of those employees broken down into bands of $10,000; and
iii: a list of all grants made by the licensing trust. 1989 No 63 s 207A
336: Power to compromise with creditors
A licensing trust has the power to enter into a compromise or arrangement with its creditors as if it were a company incorporated under the Companies Act 1993 1989 No 63 s 208 Variation of licensing trust
337: Variation of establishment of licensing trust
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, in respect of a licensing trust,—
a: vary the number of members:
b: vary the number of members required for a quorum at a meeting of the trust:
c: divide the trust district into wards for the election of members:
d: for each ward prescribe—
i: its name:
ii: its boundaries in accordance with subsections (2) and (3):
iii: the number of members:
e: alter the boundaries of a ward in accordance with subsections (2) and (3), or wholly redivide the trust district into wards:
f: rename a ward:
g: alter the number of members for a ward:
h: abolish all the wards of the trust district.
2: The boundaries of any ward must coincide with the boundaries of the current statistical meshblock areas determined by Statistics New Zealand and used for parliamentary electoral purposes ( meshblocks
3: In relation to a variation under subsection (1)﻿(d)﻿(ii) or (1)﻿(e), the Minister must give the requisite advice only on the recommendation of the Local Government Commission (the Commission
4: The Commission may from time to time review the boundaries of wards or proposed wards of a licensing trust and, after consulting with affected persons (including the members of each trust, any affected licensees, and the trust's electoral officer), may recommend,—
a: in the case of existing wards, their alteration to coincide with meshblocks; or
b: in the case of proposed wards, new boundaries to coincide with meshblocks.
5: An order under this section is secondary legislation ( see Part 3 1989 No 63 s 209 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 337(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
338: Creation, alteration, or abolition of wards takes effect at next triennial general election of members
1: This section applies when—
a: an undivided trust district is divided into wards; or
b: a trust district divided into wards is wholly redivided; or
c: all the wards of a divided trust district are abolished.
2: The creation, alteration, or abolition of a ward referred to in subsection (1) takes effect only at the next triennial general election of members, except to the extent that is necessary for holding that election. 1989 No 63 s 210(1)
339: Alteration of number of members for ward takes effect at next triennial general election of members
Where the number of members for a ward of a divided trust district is altered, the alteration takes effect only at the next triennial general election of members, except to the extent that is necessary for holding that election. 1989 No 63 s 210(2) Amalgamation of licensing trusts
340: Amalgamation of licensing trusts
Two or more licensing trusts may be amalgamated into 1 new trust in accordance with sections 341 to 345 1989 No 63 s 211(1)
341: Notice of amalgamation proposal
1: Where 2 or more licensing trusts propose to amalgamate, each trust must give public notice of the amalgamation proposal.
2: The notice must refer to the right of electors to request a meeting under section 342 section 343
3: The amalgamation proposal—
a: must include—
i: the names of the people who are to be first members of the new licensing trust; and
ii: the proposed name of the new licensing trust; and
b: may include any other information the licensing trusts concerned think necessary or desirable to inform electors properly of the proposal. 1989 No 63 s 211(2)
342: Meeting to discuss amalgamation proposal
1: The electors of the trusts concerned may, within 20 working days of publication of a notice under section 341
2: If 50 or more electors request a meeting, the trust must hold a public meeting within 20 working days after it receives the required number of requests. 1989 No 63 s 211(3)
343: Poll on amalgamation proposal
1: The electors of the trusts concerned may, within 40 working days of publication of a notice under section 341
2: The trust must arrange for a poll to be held if 15% or more of electors request it.
3: A poll required to be held under subsection (2) must be conducted in accordance with regulations made under this Act.
4: The amalgamation proposal is approved if a majority of the number of valid votes recorded is in favour of the proposal. 1989 No 63 s 211(4), (5)
344: Amalgamation by Order in Council
1: If an amalgamation proposal is approved under section 343(4)
a: the proposal; and
b: copies of the latest audited financial statements of each trust.
2: On the recommendation of the Minister tendered at the request of each of the amalgamating trusts, the Governor-General may, by Order in Council,—
a: amalgamate 2 or more licensing trusts into 1 new trust; and
b: define the district of the new trust in conformity with the appropriate meshblocks.
3: An order under this section is secondary legislation ( see Part 3 1989 No 63 s 211(6), (7) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 344(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
345: Effect of Order in Council
1: An Order in Council under section 344(2)
2: On the date specified in the order,—
a: the amalgamating trusts are dissolved:
b: all real and personal property (including all licences under this Act) belonging to each of the amalgamating trusts vests in the new trust:
c: all money payable to the amalgamating trusts is payable to the new trust:
d: all liabilities, contracts, engagements, rights, and authorities of each of the amalgamating trusts are liabilities, contracts, engagements, rights, and authorities of the new trust:
e: all proceedings by or against the amalgamating trusts may be carried on or prosecuted by or against the new trust.
3: Nothing authorised or effected under this section—
a: places the amalgamating trusts in breach of, or default under, any contract, or in breach of trust, or in breach of confidence, or otherwise makes them guilty of a civil wrong; or
b: gives rise to a right for a person to—
i: terminate, cancel, or modify a contract or an agreement; or
ii: enforce or accelerate the performance of an obligation; or
iii: require the performance of an obligation not otherwise arising for performance; or
c: places the amalgamating trusts in breach of any enactment, rule of law, or contractual provision prohibiting, restricting, or regulating the assignment, transfer, or issue of any property or the disclosure of any information; or
d: releases a surety wholly or in part from an obligation; or
e: releases or discharges a contract or security; or
f: entitles any employee to receive any payment or other benefit by reason that he or she ceased, as a result of this Act, to be an employee of an amalgamating trust. 1989 No 63 s 211(8) Voluntary administration and liquidation
346: Voluntary administration and liquidation under Companies Act 1993
1: Parts 15A 16 17
2: However, section 241(2)﻿(a) and (b) 1989 No 63 s 212
347: Distribution of assets
1: Any net surplus (whether or not in money) of a licensing trust in liquidation must be distributed to the territorial authority in whose district the trust is situated.
2: If the trust district overlaps 2 or more territorial authority districts, the surplus must be distributed in shares to be determined by the High Court in proportion to the number of residents of each territorial authority district who are electors of the licensing trust.
3: For the purposes of subsection (2), the number of residents who are electors is to be counted as at the date of the last triennial general election of members. 1989 No 63 s 213 Special provisions relating to existing district and suburban trusts
348: Application of sections 349 and 350
Sections 349 350 Part 1 Schedule 1 1989 No 63 s 214
349: Poll may be held on competition proposal
1: In respect of a licensing trust to which this section applies, a poll of residential electors in the trust district may be held on a competition proposal.
2: For the purposes of this section, competition proposal
a: the trust give up its present exclusive right to hold on-licences for hotels and taverns, and off-licences for any premises other than certain club premises and premises on which wine is sold or any kind of alcohol is made, within the trust district; and
b: in return for giving up that right, gain the right to carry on any business outside as well as within the district.
3: Subject to subsection (5), a poll must be held on a competition proposal if—
a: the licensing trust so resolves; or
b: at least 15% of the residential electors in the trust district so request in writing.
4: The poll must be conducted in accordance with regulations made under this Act.
5: If the competition proposal is not carried, no further poll must be held under this section in respect of that licensing trust until a period of 3 years has expired. 1989 No 63 s 215
350: Monopoly provisions continue to apply
1: Unless and until a competition proposal is carried in respect of a licensing trust to which this section applies, then, despite any of the other provisions of this Act,—
a: an on-licence must not be issued to any person other than the licensing trust for any hotel or tavern in the trust district:
b: an off-licence must not be issued for any premises in the trust district, except—
i: to the licensing trust; or
ia: for premises for which a licence to which subsection (4) applies is held; or
ii: for any premises on which any kind of alcohol is made:
c: a licence must not be issued for any premises outside the trust district, or for any conveyance operated in whole or in part outside the trust district, to—
i: the licensing trust; or
ii: any person on behalf of the licensing trust or in respect of any premises in which the licensing trust has any estate or interest; or
iii: any company in which the licensing trust holds any of the issued shares (other than shares that carry no right to participate beyond a specified amount in the distribution of either profits or capital); or
iv: any company in which the licensing trust has the power to appoint any director; or
v: any trustee or trustees of a trust in respect of which the licensing trust has the power to appoint any trustee; or
vi: any other person, body corporate, or trustee, if the licensing committee or the licensing authority is satisfied that the application by that person, body corporate, or trustees is made pursuant to an arrangement designed to enable the trust to evade the prohibitions set out in subparagraphs (i) to (v):
d: the licensing trust must not spend or distribute any of its net profits under section 307
2: Every off-licence issued under subsection (1)﻿(b)﻿(ia) must be issued subject to a condition that alcohol must not be sold or delivered on or from the premises for which the licence is held unless it is alcohol of a kind that, immediately before the commencement of the Sale of Liquor Act 1989
3: A licence must, if renewed, be renewed subject to a condition that alcohol must not be sold or delivered on or from the premises for which the licence is held unless it is alcohol of a kind that, immediately before the commencement of the Sale of Liquor Act 1989
a: an off-licence issued under subsection (1)﻿(b)﻿(ia) of this section or section 216(b)﻿(iii)
b: a licence to which subsection (4) applies.
4: This subsection applies to a licence if—
a: it was granted as a wine reseller's licence under the Sale of Liquor Act 1962; or
b: it is an off-licence granted in substitution for a wine reseller's licence granted under the Sale of Liquor Act 1962. Section 350(1)﻿(b)﻿(ia) inserted 5 December 2013 section 5(1) Sale and Supply of Alcohol Amendment Act 2013 Section 350(2) inserted 5 December 2013 section 5(2) Sale and Supply of Alcohol Amendment Act 2013 Section 350(3) inserted 5 December 2013 section 5(2) Sale and Supply of Alcohol Amendment Act 2013 Section 350(4) inserted 5 December 2013 section 5(2) Sale and Supply of Alcohol Amendment Act 2013
2: Community trusts
Conversion of licensing trust to community trust
351: Resolution to convert licensing trust to community trust
1: The members of a licensing trust may resolve that the trust be converted to a community trust.
2: The members must not, within 12 months after any poll held under section 356 1989 No 63 s 219A
352: Public notice of resolution
1: Within 10 working days after passing a resolution under section 351
2: The notice must refer to the right of electors of the licensing trust to request a meeting to be called under section 353 section 355 1989 No 63 s 219B
353: Electors may request meeting
1: Electors of the licensing trust may, by written notice, request the licensing trust to hold a public meeting to discuss the resolution for conversion.
2: If 50 or more electors request a meeting, the trust must hold a public meeting within 20 working days after it receives the required number of requests. 1989 No 63 s 219C
354: Meeting to discuss resolution
1: A licensing trust must give not less than 5 working days' public notice of a meeting of electors to discuss a resolution passed under section 351
2: The meeting may resolve by a majority of votes to confirm or revoke the resolution.
3: If the meeting confirms the resolution, then, subject to the result of a poll held under section 355
4: If the meeting revokes the resolution, the trust must not pass another resolution under section 351 1989 No 63 s 219D
355: Poll on resolution
1: Electors of the licensing trust may, by notice in writing, request the trust to hold a poll on a resolution passed under section 351
2: The trust must hold a poll on the resolution, in accordance with regulations made under this Act, if—
a: 15% or more of the electors request a poll on the resolution; and
b: the trust receives the required number of requests within 40 working days after public notice of the resolution is given.
3: The trust—
a: does not have to hold a poll if the resolution has been revoked under section 354(2)
b: must hold a poll even though the resolution has been confirmed under section 354(2)
c: does not have to hold a poll if, within 12 months before receiving a request for a poll, the trust held a poll under section 356
4: If on the poll the majority of electors who vote are in favour of the resolution, then the trust must be converted to a community trust.
5: If on the poll the majority of electors who vote are not in favour of the resolution, the trust must not pass another resolution under section 351 1989 No 63 s 219E
356: Electors may request poll on conversion at any time
1: At any time electors of a licensing trust may, by notice in writing, request the trust to hold a poll on whether the trust should be converted to a community trust.
2: The trust—
a: must hold a poll on the issue, in accordance with regulations made under this Act, if 15% or more of the electors request a poll:
b: need not hold a poll under this section if the trust held a poll under section 355
3: If on the poll the majority of electors who vote are in favour of conversion, then the trust must be converted to a community trust.
4: If on the poll the majority of electors who vote are against conversion, the trust must not hold another poll under this section within 3 years after the date of the poll. 1989 No 63 s 219F
357: Establishment of community trust
1: A licensing trust that is required by section 354(3) 355(4) 356(3)
2: A community trust is established when the licensing trust executes a trust deed that provides for the matters specified in section 366
3: The trust deed must be notified in the Gazette 1989 No 63 s 219G
358: Order in Council vesting licensing trust's undertaking in community trust
1: The Governor-General may, by Order in Council made on the advice of the Minister given at the request of the licensing trust concerned, specify a date on which the licensing trust's undertaking is vested in the community trust established by the licensing trust.
2: The date specified in the Order in Council must be not less than 20 working days after the date on which the order is made.
3: On the date specified in the Order in Council,—
a: the licensing trust is dissolved:
b: all real and personal property of the licensing trust, including all licences under this Act, vests in the community trust:
c: all money payable to or by the licensing trust is payable to or by the community trust:
d: all liabilities, contracts (including employment contracts), and engagements, and all rights and authorities, of the licensing trust are the liabilities, contracts, engagements, rights, and authorities of the community trust:
e: all proceedings by or against the licensing trust may be carried on or prosecuted by or against the community trust.
4: To avoid doubt, in the case of a licensing trust to which sections 349 350
5: Nothing authorised or effected under this section—
a: places the licensing trust or the community trust in breach of, or default under, any contract, or in breach of trust, or in breach of confidence, or otherwise makes it guilty of a civil wrong; or
b: gives rise to a right for a person to—
i: terminate, cancel, or modify a contract or an agreement; or
ii: enforce or accelerate the performance of an obligation; or
iii: require the performance of an obligation not otherwise arising for performance; or
c: places the licensing trust or the community trust in breach of any enactment, rule of law, or contractual provision prohibiting, restricting, or regulating the assignment, transfer, or issue of any property or the disclosure of any information; or
d: releases a surety wholly or in part from an obligation; or
e: releases or discharges a contract or security; or
f: entitles any employee to receive any payment or other benefit by reason that he or she ceased, as a result of this Act, to be an employee of the licensing trust.
6: An order under this section is secondary legislation ( see Part 3 1989 No 63 s 219H The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 358(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Status, name, region, and functions of community trust
359: Community trust is body corporate
1: A community trust is a body corporate having perpetual succession.
2: A community trust must have a seal.
3: The common seal of a community trust must be judicially noticed in all courts and for all purposes. 1989 No 63 s 219I(1), (3)
360: Existing community trust continues in existence
Each of the trusts Part 3 Local Electoral Act 2001 Section 360 amended 17 December 2016 section 91 Statutes Amendment Act 2016
361: Name of community trust
1: A community trust must have a name and that name must include the words Community Trust
2: A community trust may change its name, subject to subsection (1) and its trust deed. 1989 No 63 s 219J
362: Region of community trust
The region of a community trust is the same as the district of the licensing trust immediately before it was converted to a community trust. 1989 No 63 s 219K
363: Alteration of community trust boundaries
1: The Governor-General may, by Order in Council made on the advice of the Minister, alter the boundaries of community trusts to coincide with the boundaries of the current statistical meshblock areas determined by Statistics New Zealand and used for parliamentary electoral purposes ( meshblocks
2: The Minister may give the advice referred to in subsection (1) only on the recommendation of the Local Government Commission (the Commission
3: The Commission may from time to time review the boundaries of 1 or more community trusts and, after consulting with affected persons (including the trustees of each community trust, any affected licensees, and the community trust's electoral officer), may recommend their alteration to coincide with meshblocks.
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 363(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
364: Functions of community trust
1: For the purpose of performing its functions, a community trust may—
a: do anything that a natural person may do; and
b: issue debt securities.
2: A community trust is authorised, but not required, to hold 1 or more licences under this Act and to carry on the business of selling or supplying (or selling and supplying) alcohol. 1989 No 63 s 219I(2)
365: How community trust may spend profits
1: A community trust must apply the net profit that it makes in performing its functions to charitable, cultural, philanthropic, recreational, and other purposes that are beneficial exclusively or principally to the community in the region of the community trust.
2: However, a community trust may, instead of applying all of its net profit as required by subsection (1), retain so much of its net profit as it thinks prudent for the purposes of its activities (including any proposed activities). 1989 No 63 s 219M Trust deed
366: Contents of trust deed
The trust deed of a community trust must specify—
a: the trust's name:
b: the trust's functions:
c: the general activities to be undertaken by the trust:
d: the minimum and maximum number of trustees:
e: the procedure for meetings of trustees, including the frequency of meetings, how they are called, voting, and the number of trustees necessary for a quorum:
f: the trustees' remuneration:
g: how a trustee may resign office as trustee:
h: how a vacancy in the office of trustee must be filled:
i: matters relating to the appointment of officers, employees, managers, and agents:
j: the trustees' powers of investment:
k: the trustees' powers to spend or use the trust's capital and income:
l: how accounts must be kept:
m: how the trust deed may be varied (consistently with section 367
n: any other matter that the licensing trust or community trust concerned considers appropriate. 1989 No 63 s 219N(1)
367: Variation of trust deed
1: The trustees of a community trust may vary the trust deed of the trust by executing a deed of variation.
2: A variation of the trust deed must be notified in the Gazette 1989 No 63 s 219O
368: Trust deed must be consistent with Act
1: The provisions of the trust deed of a community trust must be consistent with this Act.
2: A provision in a trust deed of a community trust that is not consistent with this Act is unenforceable and has no effect.
3: In this section, trust deed 1989 No 63 s 219P Trustees
369: First trustees
The first trustees of a community trust are the members of the licensing trust immediately before it is converted to the community trust. 1989 No 63 s 219Q
370: Election of trustees
1: Except for the first trustees, the trustees of a community trust are elected in accordance with sections 371 to 373
2: Elections of trustees must be held on the same days as triennial general elections of members of territorial authorities are held under the Local Electoral Act 2001 1989 No 63 s 219R
371: Who is qualified to vote in election of trustees of community trust
1: A person is qualified to vote in the election of the trustees of a community trust if that person is qualified as a residential elector of a territorial authority in whose district the trust is situated and resides in the trust district
2: If the trust district is divided into wards, a person who is qualified as a residential elector of the territorial authority on the basis of a residential address within that ward—
a: is qualified to vote in the election of the trustee or trustees for that ward; and
b: is not qualified to vote in the election of any other trustee. 1989 No 63 s 219S Section 371(1) amended 26 March 2015 section 9 Sale and Supply of Alcohol Amendment Act 2015
372: Conduct of election of trustees
Subject to this Part and any regulations made under this Act, the election of the trustees of a community trust must be conducted under the Local Electoral Act 2001 1989 No 63 s 219T(1)
373: Electoral roll for election of trustees
1: The electoral roll for a community trust is,—
a: if the trust region is contained within the district of a territorial authority, the electoral roll for residential electors of that territorial authority:
b: in any other case, the electoral rolls for residential electors of the territorial authorities whose districts the trust region overlaps.
2: The electoral officer of a territorial authority whose district contains or overlaps a trust region must indicate on the electoral roll for residential electors of that territorial authority—
a: the names of the persons qualified to vote at elections of the trustees of the community trust; and
b: if the trust region is divided into wards, for each person who is qualified to vote at elections of trustees of the community trust, the ward in which that person is qualified to vote.
3: The electoral officer may indicate the names of persons qualified to vote by appropriate words, abbreviations, or marks. 1989 No 63 s 219T(2)–(4)
374: Governor-General may appoint trustees to make up required number
1: The Governor-General may appoint as many trustees of a community trust as are required if at any election of trustees for the trust—
a: no trustees are elected; or
b: fewer trustees are elected than the required number.
2: A person appointed under this section holds office as if that person had been duly elected at the election. 1989 No 63 s 219U
375: Trustees' term of office
1: The trustees of a community trust hold office until their successors are appointed or elected.
2: An individual trustee ceases to hold office if he or she vacates his or her office.
3: A trustee is eligible for re-election. 1989 No 63 s 219V(1), (2)
376: Disqualification from election or appointment as trustee
A person is disqualified from election or appointment or from holding office as a trustee of a community trust if he or she—
a: is an undischarged bankrupt; or
b: has been convicted within the last 3 years of a criminal offence punishable by imprisonment and—
i: the time for appealing against the conviction has expired; or
ii: if an appeal has been brought, the appeal has been determined and dismissed; or
c: is subject to an order under section 383
d: is the subject of an order under section 30 31 1989 No 63 s 219W
377: Disqualification from continuing to hold office as trustee
1: A trustee of a community trust is disqualified from continuing to hold office as a trustee if he or she would be disqualified under section 376
2: However, where an order under section 30
a: the trustee is not disqualified from continuing to hold office as a trustee by reason only of the order; but
b: while the order remains in force, the trustee is deemed to have been granted leave of absence and is not capable of acting as a trustee of the community trust. 1989 No 63 s 219V(4A)
378: Vacation of office by trustees
A trustee of a community trust vacates his or her office if he or she—
a: dies; or
b: becomes disqualified under section 376 377
c: resigns in the manner prescribed in the trust deed; or
d: is removed under section 380
e: is absent without the leave of the trust from 4 consecutive meetings of the trust. 1989 No 63 s 219V(3), (6)
379: Extraordinary vacancies
1: An extraordinary vacancy in the office of a trustee of a community trust occurs when a trustee vacates office under section 378
2: An extraordinary vacancy must be filled by an election under the applicable provisions of the Local Electoral Act 2001
3: However, if the extraordinary vacancy is a vacancy in the office of an elected trustee that occurs 12 months or less than 12 months before the date fixed for the next triennial general election of trustees, either—
a: the vacancy must remain unfilled until the next triennial general election of trustees; or
b: the trust may by resolution appoint a person to fill the vacancy, in which case the person appointed is treated for all purposes as if he or she had been elected.
4: A person who fills an extraordinary vacancy holds office only for the remainder of the previous trustee's term. 1989 No 63 s 219V(6)
380: Removal of trustee from office
The Minister may, by notice in writing, remove a trustee from office if the Minister is satisfied on reasonable grounds that the trustee—
a: is unable to perform his or her duties adequately; or
b: has neglected his or her duties; or
c: is guilty of misconduct; or
d: has acted or is acting in a manner prejudicial, or likely to be prejudicial, to the interests of the community trust. 1989 No 63 s 219V(5) Conduct of business
381: Financial year
The financial year of a community trust begins on 1 April in each year and ends on 31 March in the following year. 1989 No 63 s 219X(1)
382: Accounting records
1: The trustees of a community trust must ensure that there are kept at all times accounting records that—
a: correctly record the transactions of the community trust; and
b: will enable the trustees to ensure that the financial statements of the community trust comply with this Act; and
c: will enable the financial statements of the community trust to be readily and properly audited.
1A: The trustees of a community trust must establish and maintain a satisfactory system of control of the accounting records.
1B: The accounting records must be kept—
a: in written form in English; or
b: in a form or manner in which they are easily accessible and convertible into written form in English.
2: If the trustees fail to comply with this section section 374(2) section 376 Section 382 heading replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 382(1) replaced 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 382(1A) inserted 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 382(1B) inserted 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013 Section 382(2) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
383: Financial statements
1: The trustees of a community trust must ensure that , within 5 months after the end of each financial year, the financial year
2: The financial statements must be prepared in accordance with generally accepted accounting practice.
3: The financial statements must be audited by the Auditor-General.
4: The audited financial statements must, as soon as practicable after the completion of their audit, be publicly notified in accordance with regulations made under this Act.
5: If the trustees fail to comply with the requirements of this section, each trustee commits an offence and is liable on conviction to the penalty set out in section 374(2) section 376 Section 383(1) amended 1 April 2014 section 126 Financial Reporting (Amendments to Other Enactments) Act 2013
384: Annual meeting of electors
1: A community trust must hold a meeting of electors within 2 months after the annual financial statements have been audited by the Auditor-General.
2: The trust must give the electors public notice of the meeting not less than 10 working days before the meeting.
3: At the meeting of electors, the trustees of the community trust must—
a: present a report (the annual report
b: provide a reasonable opportunity for electors at the meeting to ask questions about, and to discuss or comment upon, those operations.
4: The annual report must—
a: include the financial statements for the immediate past financial year; and
b: show separately for that financial year—
i: the total remuneration paid to the trustees of the community trust; and
ii: for employees or former employees who were paid remuneration and other benefits of $100,000 per annum or more as employees, the number of those employees broken down into bands of $10,000; and
iii: a list of all grants made by the community trust.
5: A community trust is not required to comply with this section in the year in which it is converted to a community trust if, in that year before conversion to a community trust, the licensing trust concerned complied with section 335 1989 No 63 s 219Y Amalgamation of community trusts
385: Amalgamation of community trusts
Two or more community trusts may be amalgamated into 1 new trust in accordance with sections 386 to 390 1989 No 63 s 219Z(1)
386: Notice of amalgamation proposal
1: Where 2 or more community trusts propose to amalgamate, each trust must give public notice of the amalgamation proposal.
2: The notice must refer to the right of electors to request a meeting under section 387 section 388
3: The amalgamation proposal must include—
a: the names of the persons who are to be the first trustees of the new community trust; and
b: the trust deed of the new community trust. 1989 No 63 s 219Z(2), (3)
387: Meeting to discuss amalgamation proposal
1: The electors of the community trusts concerned may, within 20 working days of publication of a notice under section 386
2: If 50 or more electors request a meeting, the trust must hold a public meeting within 20 working days after it receives the required number of requests. 1989 No 63 s 219Z(4)
388: Poll on amalgamation proposal
1: The electors of the community trusts concerned may, within 40 working days after publication of a notice under section 386
2: The trust must arrange for a poll to be held if 15% or more of electors request it.
3: A poll required to be held under subsection (2) must be conducted in accordance with regulations made under this Act.
4: The amalgamation proposal is approved if a majority of the number of valid votes recorded is in favour of the proposal. 1989 No 63 s 219Z(5), (6)
389: Amalgamation by Order in Council
1: If an amalgamation proposal is approved under section 388(4)
a: the proposal; and
b: copies of the latest audited financial statements of each trust.
2: On the recommendation of the Minister tendered at the request of each of the amalgamating trusts, the Governor-General may, by Order in Council,—
a: amalgamate 2 or more community trusts into 1 new community trust; and
b: define the region of the new community trust in conformity with the appropriate meshblocks.
3: An order under this section is secondary legislation ( see Part 3 1989 No 63 s 219Z(7), (8) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 389(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
390: Effect of Order in Council
1: An Order in Council under section 389(2)
2: On the date specified in the order,—
a: the amalgamating trusts are dissolved:
b: all real and personal property (including all licences under this Act) belonging to each of the amalgamating trusts vests in the new trust:
c: all money payable to the amalgamating trusts is payable to the new trust:
d: all liabilities, contracts, engagements, rights, and authorities of the amalgamating trusts are liabilities, contracts, engagements, rights, and authorities of the new trust:
e: all proceedings by or against the amalgamating trusts may be carried on or prosecuted by the new trust:
f: the trustees of the new trust are the persons named as the first trustees of the trust in the amalgamation proposal:
g: the trust deed of the new trust is the trust deed included in the amalgamation proposal.
3: Nothing authorised or effected under this section—
a: places the amalgamating trusts in breach of, or default under, any contract, or in breach of trust, or in breach of confidence, or otherwise makes them guilty of a civil wrong; or
b: gives rise to a right for a person to—
i: terminate, cancel, or modify a contract or an agreement; or
ii: enforce or accelerate the performance of an obligation; or
iii: require the performance of an obligation not otherwise arising for performance; or
c: places the amalgamating trusts in breach of any enactment, rule of law, or contractual provision prohibiting, restricting, or regulating the assignment, transfer, or issue of any property or the disclosure of any information; or
d: releases a surety wholly or in part from an obligation; or
e: releases or discharges a contract or security; or
f: entitles any employee to receive any payment or other benefit by reason that he or she ceased, as a result of this Act, to be an employee of an amalgamating trust. 1989 No 63 s 219Z(9), (10) Voluntary administration and liquidation
391: Voluntary administration and liquidation under Companies Act 1993
1: Parts 15A 16 17
2: However, section 241(2)﻿(a) and (b) 1989 No 63 s 219ZA
392: Distribution of assets
1: Any net surplus (whether or not in money) of a community trust in liquidation must be distributed to each territorial authority whose district overlaps wholly or partly the trust region.
2: If the trust region overlaps 2 or more territorial authority districts, the surplus must be distributed in shares to be determined by the High Court in proportion to the number of residents in each territorial authority district who are electors of the community trust. 1989 No 63 s 219ZB Miscellaneous
393: Liability of community trust to taxes
1: A community trust is liable to income tax, rates, and all other taxes and duties as if it were a body corporate formed for private pecuniary gain.
2: For the purposes of the Inland Revenue Acts (as defined in section 3
a: a community trust and the licensing trust that was converted into the community trust are, in relation to all assets and liabilities that, by this Act, become the assets and liabilities of the community trust, treated as the same person:
b: all transactions entered into by, and all acts of, a licensing trust before conversion to a community trust, in relation to all assets and liabilities that, by this Act, become assets and liabilities of the community trust, are treated as having been entered into or performed by the community trust on the date on which they were entered into or performed by the licensing trust. 1989 No 63 s 219ZC
394: Application of Trusts Act 2019
The Trusts Act 2019 Section 394 replaced 30 January 2021 section 161 Trusts Act 2019
395: Application of Local Authorities (Members' Interests) Act 1968
For the purposes of the Local Authorities (Members' Interests) Act 1968 1989 No 63 s 219ZE
396: Application of Local Government Official Information and Meetings Act 1987
For the purposes of Parts 1 to 4 1989 No 63 s 219ZF
3: Other matters
Regulations
397: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for any or all of the following purposes:
a: prescribing the procedure to be followed in respect of applications, objections, and reports to, and proceedings before, the licensing authority or district licensing committees:
b: prescribing fees payable to the licensing authority in relation to the performance of its functions:
c: prescribing fees payable to territorial authorities in relation to—
i: the performance of the functions of their licensing committees; or
ii: the performance of the functions of their inspectors; or
iii: the undertaking of enforcement activities:
d: for the purpose only of any investigations to be undertaken in relation to the possibility of introducing minimum pricing schemes for alcohol, requiring persons who sell alcohol to give the chief executive information relating to the quantities of alcohol they have sold over any period and the prices at which they have sold it:
e: prescribing the form in which information required to be given by regulations under paragraph (d) must be given:
f: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations under subsection (1)﻿(d)—
a: may apply differently to different sales, depending on whether they are made by people in their capacity as manufacturer, wholesaler, holder of an off-licence, or holder of an on-licence or club licence:
b: may apply differently to different kinds of alcohol:
c: may—
i: create offences for failing or refusing to comply with their requirements; and
ii: prescribe penalties (being fines not exceeding $20,000) for committing the offences.
3: Regulations made under subsection (1)﻿(f) for the purposes of the definition in section 5(1)
a: the kind of licence to which the notice relates:
b: the kind of person required to give the notice.
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 397(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
398: Regulations regulating sale of alcohol containing less than 15% ethanol (other than beer, mead, and wine)
1: This subsection applies to alcohol that—
a: is not alcohol of one of the following kinds:
i: beer:
ii: fruit or vegetable wine:
iii: grape wine:
iv: mead; and
b: contains less than 15% ethanol by volume measured at 20°C.
2: Regulations made under section 397
3: The regulations may apply to all alcohol to which subsection (1) applies, or alcohol of that kind of a stated description.
4: The description may be stated by reference to any or all of the following characteristics:
a: the volume of the vessel in which the alcohol is sold:
b: the proportion by volume (at 20°C) of ethanol in the alcohol:
c: the amount by volume (at 20°C) of ethanol in the alcohol.
5: The regulations may apply to all licensed premises, or premises for which a licence of a stated description is held.
399: Consultation on regulations regulating sale of alcohol containing less than 15% ethanol (other than beer, mead, and wine)
Before recommending the making of regulations regulating or prohibiting the sale on licensed premises of alcohol to which section 398(1)
400: Regulations banning or restricting certain alcohol products
1: Regulations made under section 397
a: declare any product containing ethanol to be a banned alcohol product or a restricted alcohol product:
b: declare products of any described kind containing ethanol to be banned alcohol products or restricted alcohol products:
c: regulate or control the distribution, importation, manufacture, or sale of restricted alcohol products (or regulate or control any or all of those things):
d: regulate, control, or prohibit the advertising, display for sale, labelling, packaging, or promotion of restricted alcohol products (or regulate, control, or prohibit any or all of those things).
2: A product may be declared to be a banned alcohol product or a restricted alcohol product by reference to its name or trade name.
3: A kind of product may be described by reference to any or all of the following characteristics:
a: its ethanol content as a proportion:
b: its ethanol content described in terms of a standard drink (as defined in the regulations concerned):
c: its content of any ingredient or ingredients other than ethanol:
d: the proportions of any of its ingredients (whether or not including ethanol):
e: the lack of any ingredient or ingredients:
f: the capacity of the container in which it is sold or supplied:
g: the state in which it is sold or supplied.
4: Subsection (3)﻿(f) does not prevent the description of a kind of product not (or not necessarily) sold or supplied in containers.
5: Before recommending the making of regulations of a kind described in subsection (1), the Minister must, to the extent that is reasonably practicable having regard to the circumstances of the particular case, consult the persons the Minister has reason to believe are representative of interests likely to be substantially affected by the regulations.
6: This subsection applies to regulations—
a: declaring any product containing ethanol to be a banned alcohol product; or
b: declaring products of any described kind containing ethanol to be banned alcohol products.
7: The Minister must not recommend the making of regulations to which subsection (6) applies unless satisfied, after consultation with the Minister of Health, that the product or kind of product concerned—
a: is particularly dangerous to health; or
b: has special appeal to young people because of—
i: its nature; or
ii: any advertising, display for sale, labelling, packaging, or promotion.
8: The Minister must not recommend the making of regulations of a kind described in subsection (1) that come into force sooner than the day 3 months after the date of their publication under the Legislation Act 2019 Section 400(8) amended 28 October 2021 section 3 Secondary Legislation Act 2021
401: Point-of-sale information regulations
Regulations made under section 397
a: the ethanol content of alcohol of different kinds:
b: the potential harmful effects of consuming alcohol (on people in general, people of particular kinds, people in particular situations, or 2 or all of them).
402: Content of fees regulations
1: Regulations under section 397(1)﻿(b) or (c)
a: may do anything reasonably necessary to ensure that, so far as is practicable, the total costs of the licensing authority are recovered out of the fees paid to it under this Act:
b: may do anything reasonably necessary to ensure that, so far as is practicable, the following are recovered out of the fees paid to territorial authorities under this Act:
i: the total costs to territorial authorities of the performance by their district licensing committees of their functions:
ii: the total costs to territorial authorities of inspectors employed or contracted by them (or, where inspectors employed or contracted by them perform both the functions of an inspector and other functions, the appropriate proportion of the total costs of those inspectors):
iii: the total costs to territorial authorities (in addition to those referred to in subparagraph (ii)) of their undertaking (directly or by agents or contractors) of enforcement activities under this Act:
c: may provide for different fees to be payable in respect of the performance of the same functions in relation to different premises, on the basis of factors such as—
i: the kinds of premises involved (whether premises for which licences of different kinds are held, premises of different kinds or descriptions for which licences of the same kind are held, or both); and
ii: the kinds of licence held for the premises involved; and
iii: the capacity and likely patronage of the premises; and
iv: the trading hours (or intended trading hours) of the premises; and
v: any actual or proposed activities, arrangements, or systems that may reduce the risk of alcohol-related harm arising from the operation of the premises; and
vi: the previous conduct or performance of the licensee or proposed licensee (or any person involved or likely to be involved in the operation of the premises with or on behalf of the licensee or proposed licensee), whether in relation to the premises concerned or in relation to other premises:
d: may prescribe maximum or minimum fees or both:
e: may provide for full or partial refunds of fees in the case of clerical error, or a change in the level of fees prescribed by regulation:
f: may prescribe annual fees:
g: may prescribe a penalty fee (of not more than half the annual fee concerned) for the late payment of any annual fee:
h: may provide for the full or partial waiver of fees (or fees of particular kinds) in the case of particular financial hardship of the persons required to pay them:
i: may prescribe the manner in which fees are to be collected or paid (either generally, or in particular circumstances).
2: Subparagraphs (i) to (vi) of paragraph (c) of subsection (1) do not limit or affect the generality of that paragraph.
3: Subsection (1) does not limit or affect the generality of section 397(1)﻿(b) or (c)
403: Consultation on proposed fees regulations
Before recommending the making of regulations under section 397(1)﻿(b) or (c)
404: Fees to be reviewed every 5 years
1: Not later than 5 years after the commencement of this section, and not later than 5 years after the most recent review, the chief executive must—
a: undertake and complete a review of all regulations made under section 397(1)﻿(b) or (c)
b: report to the Minister on whether regulations amending or replacing them should be made.
2: Not later than 3 months after receiving a report under subsection (1)﻿(b), the Minister must consider whether to recommend to the Governor-General the making of regulations amending or replacing the regulations to which it relates. Fee-setting by territorial authorities
405: Fee-setting by territorial authorities
1: The Governor-General may, by Order in Council, authorise territorial authorities to prescribe by bylaw fees for any matter for which fees payable to territorial authorities can be prescribed by regulations under this Act.
2: While an order under subsection (1) is in force,—
a: if a territorial authority has in force a bylaw prescribing a fee payable to it for a matter stated in the order,—
i: the fee for the matter is the fee prescribed by the bylaw; and
ii: every reference in this Act to the fee prescribed for the matter by regulations under this Act is a reference to the fee for the matter prescribed by the bylaw:
b: if a territorial authority does not have in force a bylaw prescribing a fee for a matter stated in the order, the fee for the matter is the fee (if any) prescribed by regulations under this Act.
3: Section 403
4: Before making a bylaw prescribing fees for any matter for which fees payable to territorial authorities can be prescribed by regulations under this Act a territorial authority must, to the extent that is reasonably practicable having regard to the circumstances of the particular case, consult the persons the authority has reason to believe are representative of interests likely to be substantially affected by the bylaw.
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 405(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Transitional matters
406: Disposal of certain applications made within 6 months after day of assent
1: This section applies to an application made under the 1989 Act
2: An application to which this section applies must be dealt with by the licensing authority or District Licensing Agency—
a: under the 1989 Act
b: as if this Act had not been enacted.
3: If the application for it was made after the day of assent, a licence granted (by virtue of subsection (2)) under the 1989 Act
4: The person who made an application to which this section applies may ask the licensing authority or District Licensing Agency (as the case requires) to consider it under section 407
5: Subsections (3) and (4) override subsection (2).
6: In this section and sections 407 408 1989 Act Sale of Liquor Act 1989 day of assent District Licensing Agency 1989 Act
407: Disposal of applications made between 6 and 12 months after day of assent
1: This section applies to an application made under the 1989 Act
a: after the day 6 months after the day of assent; but
b: before the day 12 months after the day of assent.
2: An application to which this section applies must be dealt with by the licensing authority or District Licensing Agency under the 1989 Act
a: as if such of the new provisions stated below as have corresponding provisions in the 1989 Act
b: as if such of the new provisions stated below (if any) as do not have corresponding provisions in the 1989 Act were provisions of the 1989 Act
c: as if references in the new provisions stated below to a licensing committee were references to the appropriate District Licensing Agency; and
d: otherwise as if this Act (other than this section) had not been enacted.
3: This section, the 1989 Act
4: In this section, the new provisions stated below
a: means sections 3 4 5 102 103 105 106 128 129 131 132 140 141 142
b: includes any part of any of those sections.
408: Certain otherwise ineligible applications may be granted for limited period
1: This section applies to an application if—
a: it is an application for an off-licence for premises for which an off-licence cannot be issued under this Act but could have been granted under the 1989 Act
b: it is an application for the renewal of an off-licence for premises for which an off-licence cannot be issued under this Act; or
c: it is an application for a licence of a kind that (in the opinion of the licensing authority or District Licensing Agency, reached after considering all the particular circumstances),—
i: by virtue of the criteria stated in this Act for the issue of licences of that kind, would not be, or would be unlikely to be, issued if the application had been made under this Act; but
ii: can appropriately be issued under the 1989 Act
d: it is an application for the renewal of a licence of a kind that (in the opinion of the licensing authority or District Licensing Agency, reached after considering all the particular circumstances),—
i: by virtue of the criteria stated in this Act for the renewal of licences of that kind, would not be, or would be unlikely to be, renewed if the application had been made under this Act; but
ii: could appropriately be renewed under the 1989 Act
2: Where this section applies to an application,—
a: the licence concerned may be granted or renewed; but
b: the grant or renewal must be for a period that ends no more than 2 years after the day of assent.
3: This section is subject to section 406
409: Existing licences continue in force
1: Every on-licence, off-licence, club licence, and special licence granted under the former licensing Act that was in force immediately before the commencement of this section, continues in force as if it is a licence of that kind issued under this Act; but—
a: it expires in accordance with this Act, as if this Act had been in force when it was granted; and
b: it can be renewed only by application made and considered under this Act.
2: Despite subsection (1), the trading hours permitted for premises to which a licence continued by that subsection applies—
a: are the default maximum national trading hours stated by section 43
b: in every other case, are the shorter trading hours permitted under that licence.
2A: The trading hours permitted for premises to which an off-licence endorsed to indicate that section 51
a: are the default maximum national trading hours stated by section 43
b: are the shorter trading hours permitted under the licence, in every other case.
2B: Subsection (2A) overrides subsection (2).
3: Subsection (1) is subject to section 406 Section 409(2A) inserted 5 December 2013 section 6 Sale and Supply of Alcohol Amendment Act 2013 Section 409(2B) inserted 5 December 2013 section 6 Sale and Supply of Alcohol Amendment Act 2013
410: Transitional provision relating to BYO restaurants and managers
1: This section applies to the holder of an on-licence endorsed under section 28
2: If the licence is endorsed under this Act with a condition that a manager or managers be appointed, the holder of the licence need not comply with the condition before the expiry of 6 months after the date of the endorsement.
411: Transitional provision for certain manager's certificates
1: Every person is deemed to hold a manager's certificate who, immediately before the commencement of this section, holds a current club manager's certificate or general manager's certificate under the Sale of Liquor Act 1989
2: The certificate that the person is deemed to hold under subsection (1) continues in force until its expiry under the Sale of Liquor Act 1989
3: On the expiry of the certificate, a district licensing committee may issue a limited renewal certificate that is valid for 1 year.
4: On the expiry of the limited renewal certificate, the licensing committee may deem it to be a manager's certificate issued under this Act if it is satisfied that its holder meets the qualifications prescribed in section 218
412: Existing members of licensing authority continue in office
1: Every member of the licensing authority holding office immediately before the commencement of this section continues in office as if appointed under this Act, but only for the rest of the term for which he or she was appointed.
2: The person holding office immediately before the commencement of this section as chairperson of the licensing authority continues in office as if appointed chairperson under this Act.
413: Interpretation of documents constituting certain existing bodies corporate
1: In subsection (2), existing body section 28
2: For the purposes of section 28(1)
a: a restriction in the constitution of an existing body that prevents it from selling liquor must be treated as a restriction that prevents it from selling alcohol:
b: a restriction in the constitution of an existing body that prevents it from holding a licence under a former licensing Act must be treated as a restriction that prevents it from holding a licence under this Act:
c: a restriction in the constitution of an existing body that prevents it from holding a licence of a particular kind under a former licensing Act must be treated as a restriction that prevents it from holding a licence of that kind (or, as the case may be, a licence of a corresponding kind) under this Act:
d: an existing body (other than a company) that is authorised to sell liquor must be treated as being authorised to sell alcohol:
e: an existing body (other than a company) that is authorised to hold a licence under a former licensing Act must be treated as being authorised to hold a licence under this Act:
f: an existing body (other than a company) that is authorised to hold a licence of a particular kind under a former licensing Act must be treated as being authorised to hold a licence of that kind (or, as the case may be, a licence of a corresponding kind) under this Act.
414: Permanent club charters unaffected
1: A permanent club charter that (by virtue of section 238
2: The provisions of this Act relating to the following matters apply to the holder of a permanent club charter and to the club premises as if the club were the holder of a club licence:
a: the appointment of managers and the management of licensed premises:
b: the keeping of records and the filing of returns:
c: the payment of annual or other fees.
3: Every provision of this Act creating an offence, section 267 sections 268 269
a: the club concerned were the holder of a club licence for the premises; and
b: the premises were the premises for which the club licence were held.
4: So long as a permanent club charter is in force, it authorises the existence of the club concerned.
5: Notwithstanding subsections (1) to (4), the holder of a permanent club charter may, with the approval of the licensing authority, surrender the charter and obtain a club licence instead.
415: Matters not completed by District Licensing Agencies
1: A matter before a District Licensing Agency that has not been completed before the Agency goes out of existence (whether a matter relating to licensing or a matter relating to a manager's certificate) may be completed by the appropriate district licensing committee; and the committee has all powers necessary to complete it.
2: Subsection (1) is subject to sections 406 407
415A: Application of amendments to section 360 and Schedule 1
This Act must be read as if the amendments to section 360 Schedule 1 Part 25 Section 415A inserted 17 December 2016 section 92 Statutes Amendment Act 2016 Amendment to Children, Young Persons, and Their Families Act 1989
416: Jurisdiction of Youth Court
1: This section amends the Children, Young Persons, and Their Families Act 1989
2: Section 272(3) imprisonment— imprisonment; or
d: an infringement offence against the Sale and Supply of Alcohol Act 2012 section 239A
3: Section 272(5)
a: inserting or (d) (3)﻿(c)
b: inserting or an infringement offence referred to in subsection (3)﻿(d) imprisonment 2013-12-18 Children, Young Persons, and Their Families Act 1989 Consequential amendments and repeals
417: Consequential amendments
1: The enactments stated in Schedule 2
2: The regulations stated in Schedule 3 2013-12-18 Alcohol Advisory Council Act 1976 Alcoholism and Drug Addiction Act 1966 Armed Forces Discipline Act 1971 Auckland Domain Act 1987 Auctioneers Act 1928 Broadcasting Act 1989 Civil Aviation Act 1990 Corrections Act 2004 Customs and Excise Act 1996 Defence Act 1990 Electoral Act 1993 Electricity Industry Reform Act 1998 Gambling Act 2003 Health Act 1956 Hotel Association of New Zealand Act 1969 Innkeepers Act 1962 Local Electoral Act 2001 Local Government (Rating) Act 2002 Maori Community Development Act 1962 Misuse of Drugs Amendment Act 2005 New Zealand Railways Corporation Act 1981 Policing Act 2008 Private Security Personnel and Private Investigators Act 2010 Public Audit Act 2001 Racing Act 2003 Referenda (Postal Voting) Act 2000 Reserves Act 1977 Residential Tenancies Act 1986 Search and Surveillance Act 2012 Shop Trading Hours Act Repeal Act 1990 Smoke-free Environments Act 1990 Amusement Devices Regulations 1978 Food Hygiene Regulations 1974 Gambling (Prohibited Property) Regulations 2005 New Zealand Railways Corporation (Staff) Regulations 1982 Ticketing (Public Bar) Notice 1982
418: Repeals
1: Sections 85 to 98
2: Sections 4 10 11 13 19 20 22(a), (c), and (d) 32 33 35 42 43 45(a), (c), and (d) 56 57 59 65 66 68(a), (c), and (d) 77 to 79
3: The Sale of Liquor Act 1989 2012-12-19 Sale of Liquor Act 1989 section 418(1) 2013-06-18 Sale of Liquor Act 1989 section 418(2) 2013-12-18 Sale of Liquor Act 1989 section 418(3)