Licensing Fund Act 1989

Reprint
as at 25 January 2005

Coat of Arms of New Zealand

Licensing Fund Act 1989

Public Act1989 No 61
Date of assent31 July 1989
Commencement31 July 1989

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry of Justice.


An Act to make provision relating to the Licensing Fund

1 Short Title
  • This Act may be cited as the Licensing Fund Act 1989.

2 Licensing Fund and Licensing Fund Account preserved
  • (1) There shall continue to be a Licensing Fund, which shall be the same fund as that established under the same name by section 16 of the Licensing Amendment Act 1948 and continued in existence by section 17 of the Sale of Liquor Act 1962.

    (2) All money payable to the Fund shall continue to be paid to the credit of the Licensing Fund Account established at the Reserve Bank of New Zealand pursuant to section 18 of the Sale of Liquor Act 1962.

    (3) The Licensing Fund Account shall hereafter be operated upon by cheque signed by the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act.

    (4) Any money belonging to the Fund and available for investment may from time to time be invested by the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act—

    • (a) in New Zealand Government securities; or

    • (b) on deposit in any bank or banks approved by the Minister of Finance; or

    • (c) in any other manner, or in any other securities, that may from time to time be authorised by the Minister of Finance.

    (5) The chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act shall be entitled to recover, out of money for the time being standing to the credit of the Licensing Fund, the reasonable expenses incurred by the chief executive in administering the Fund.

    (6) Subject to subsection (5), and to section 3, the Minister of Finance may from time to time direct the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act to pay into a Crown Bank Account the whole or any part of the money for the time being standing to the credit of the Licensing Fund.

    (7) For the purposes of the audit of accounts, all money belonging to the Fund shall be deemed to be public money within the meaning of the Public Finance Act 1989; and the Auditor-General has the same duties and powers in respect of that money, and of every person dealing with it, as if the Fund were a public entity as defined by section 4 of the Public Audit Act 2001.

    Section 2(3): amended, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

    Section 2(4): amended, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

    Section 2(5): amended, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

    Section 2(6): amended, on 25 January 2005, pursuant to section 83(7) of the Public Finance Act 1989 (1989 No 44).

    Section 2(6): amended, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

    Section 2(7): amended, on 1 July 2001, by section 53 of the Public Audit Act 2001 (2001 No 10).

3 Refunds of fair price in certain cases
  • (1) Any person who, at any time within the period of 5 years immediately preceding the commencement of this Act, paid any money by way of fair price on the issue of any new wholesale licence under the Sale of Liquor Act 1962 may, at any time within 1 year after the commencement of this Act, apply to the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act for a refund of a part of that money.

    (2) On an application under subsection (1), the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act shall refund to the applicant the amount by which the sum paid by the applicant exceeds the revised amount.

    (3) For the purposes of subsection (2), the revised amount shall be calculated in accordance with the following formula:

    .

    where

    FP
    is the amount paid by way of fair price; and
    N
    is the number of years that elapsed in whole or in part between the date of the issue of the licence and the date of the commencement of this Act.

    Section 3(1): amended, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

    Section 3(2): amended, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39).

4 Hotel Investment Account continued
  • (1) There shall continue to be a Hotel Investment Account established by section 20 of the Sale of Liquor Act 1962, but only for the purpose of advances made, and related agreements entered into, before the commencement of this Act; and in respect of any such advances or agreements the provisions of that section shall continue to apply as if this Act had not been passed.

    (2) No new advances shall be made out of the Hotel Investment Account, except to the extent required by any agreement entered into before the commencement of this Act.

    (3) All money for the time being standing to the credit of the Hotel Investment Account shall be paid into the Licensing Fund, except to the extent necessary for any advance required by any agreement entered into before the commencement of this Act.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Licensing Fund Act 1989. The reprint incorporates all the amendments to the Act as at 25 January 2005, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)