Sale of Liquor Act 1989

  • repealed
  • Sale of Liquor Act 1989: repealed, on 18 December 2013, by section 418(3) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).

Reprint as at 18 December 2013

Sale of Liquor Act 1989

Public Act1989 No 63
Date of assent17 August 1989
Commencementsee section 1(2)
  • Sale of Liquor Act 1989: repealed, on 18 December 2013, by section 418(3) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).


Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.


Contents

Title

1 Short Title and commencement

2 Interpretation

2A Meaning of term evidence of age document

3 Act binds the Crown

4 Object of Act [Repealed]

5 Application of Act

5A Exemption for homestays

6 Underlying principle of Act

Part 1
On-licences

7 On-licences

8 Who may hold on-licence

9 Applications for on-licences

10 Objections [Repealed]

11 Reports [Repealed]

12 Unopposed applications may be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority

13 Criteria for on-licences [Repealed]

14 Conditions of on-licences

15 No obligation to serve

16 Variation of conditions

17 Duration of on-licences

18 Renewal of on-licences

19 Objections to renewal [Repealed]

20 Reports on applications for renewals [Repealed]

21 Unopposed applications to be granted, opposed applications to be forwarded to Licensing Authority

22 Criteria for renewal

23 Decision on application for renewal

24 Temporary authority

25 Display of signs and licence

26 Managers

27 Annual returns [Repealed]

28 Special provisions relating to BYO restaurants

Part 2
Off-licences

29 Off-licences

30 Who may hold off-licence

31 Applications for off-licences

32 Objections [Repealed]

33 Reports [Repealed]

34 Unopposed applications may be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority

35 Criteria for off-licences [Repealed]

36 Types of premises in respect of which off-licences may be granted

37 Conditions of off-licences

38 No obligation to serve

39 Variation of conditions

40 Duration of off-licences

41 Renewal of off-licences

42 Objections to renewal [Repealed]

43 Reports on applications for renewals [Repealed]

44 Unopposed applications to be granted, opposed applications to be forwarded to Licensing Authority

45 Criteria for renewal

46 Decision on application for renewal

47 Temporary authority

48 Display of signs and licence

49 Managers

50 Annual returns [Repealed]

51 Special provisions relating to caterers

52 Special provisions relating to auctioneers

Part 3
Club licences

53 Club licences

54 Who may hold club licence

55 Applications for club licences

56 Objections [Repealed]

57 Reports [Repealed]

58 Unopposed applications may be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority

59 Criteria for club licences [Repealed]

60 Conditions of club licences

61 No obligation to serve

62 Variation of conditions

63 Duration of club licences

64 Renewal of club licences

65 Objections to renewal [Repealed]

66 Reports on applications for renewals [Repealed]

67 Unopposed applications to be granted, opposed applications to be forwarded to Licensing Authority

68 Criteria for renewal

69 Decision on application for renewal

70 Display of signs and licence

71 Managers

72 Annual returns [Repealed]

Part 4
Special licences

73 Special licences

74 Special licences for social gatherings

75 Who may hold special licence

76 Applications for special licences

77 Objections [Repealed]

78 Reports [Repealed]

79 Criteria for special licences [Repealed]

80 Conditions of special licences

81 No obligation to serve

82 Duration of special licences

83 Display of licence

84 Managers

Part 5
Licensing Authority and District Licensing Agencies

Licensing Authority

[Repealed]

85 Licensing Authority established [Repealed]

86 Term of office of members of Authority [Repealed]

87 Resignation or removal from office [Repealed]

88 Deputies of members [Repealed]

89 Remuneration and travelling expenses [Repealed]

90 Officers of Authority and professional assistance [Repealed]

91 Functions of Authority [Repealed]

92 Powers of Authority [Repealed]

93 Authority may give directions where appropriate Agency in doubt [Repealed]

94 Authority may refer matters for investigation [Repealed]

95 Authority may refer matters to District Licensing Agency [Repealed]

96 Authority may send statements to Agencies [Repealed]

97 Meetings of Authority [Repealed]

98 Annual report [Repealed]

District Licensing Agencies

99 Local authority to be District Licensing Agency

100 Functions of District Licensing Agency

101 Powers of District Licensing Agency

102 Secretary of District Licensing Agency

103 Inspectors

104 Local authority may delegate powers and duties

105 Annual reports

General provisions relating to Authority and Agencies

106 Procedure

107 Proceedings of Licensing Authority or Agency

108 Right of certain persons to appear

109 Evidence in proceedings before Authority or Agency

110 Authority and Agencies deemed to be commissions of inquiry

111 Authority or Agency may waive certain omissions

112 Authority or Agency may state case for opinion of High Court

113 Decisions to be given in writing

114 Issue of licences

Part 6
Management of licensed premises

115 Manager to be on duty at all times and responsible for compliance

Managers' certificates

116 Managers to hold certificate

117 Kinds of managers' certificates

117A General manager must hold prescribed qualification

118 Applications for managers' certificates

119 Reports

120 Unopposed applications may be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority

121 Criteria for managers' certificates

122 Duration of managers' certificates

123 Renewal of managers' certificates

124 Reports and applications for renewals

125 Unopposed applications to be granted, opposed applications to be forwarded to Licensing Authority

126 Criteria for renewal

127 Decision on application for renewal

Miscellaneous provisions

128 Temporary manager

129 Acting manager

130 Notice of appointment, etc, of manager, temporary manager, or acting manager

Enforcement provisions

131 Power of inspectors to enter licensed premises

131A Building Act 2004

132 Variation, suspension, or cancellation of licences other than special licences

132A Suspension or cancellation of licences by Licensing Authority in respect of certain offences

133 Variation, suspension, or cancellation of special licences

134 Suspension of licence for non-compliance with public health or fire precaution requirements

135 Suspension or cancellation of managers' certificates

136 Restraining continuing breaches of conditions of licence [Repealed]

136A Offences under Part 5 of Rugby World Cup 2011 (Empowering) Act 2010

Part 7
Appeals

137 Appeals to Licensing Authority against decisions of District Licensing Agencies

138 Appeals to High Court against decisions of Licensing Authority on grounds of suitability

139 Appeal against decision of Licensing Authority on question of law

140 Notice of appeal

141 Right to appear and be heard on appeals

142 Orders relating to determination of appeals

143 Dismissal of appeal

144 Appeal in respect of additional points of law

145 Extension of time

146 Date of hearing

147 Effect of appeal against decision by Licensing Authority to grant licence or manager's certificate

147A Effect of appeal against other decisions by Licensing Authority

148 No review until right of appeal exercised

149 Appeals to High Court to be heard by Administrative Division [Repealed]

150 Further appeal to Court of Appeal

Part 8
Offences and enforcement

Unlicensed persons and unlicensed premises

151 Sales by unlicensed person

152 Allowing unlicensed premises to be used for sale of liquor

153 Use of unlicensed premises as place of resort for consumption of liquor

154 Persons found on unlicensed premises kept as place of resort for consumption of liquor

Excessive consumption of alcohol

154A Promotion of excessive consumption of alcohol

Minors

155 Sale or supply of liquor to minors

156 Exemptions in respect of restricted areas [Repealed]

157 Exemptions in respect of other parts of licensed premises

158 Further exemptions in respect of supervised areas [Repealed]

159 Further exemptions in respect of licensee's or manager's family or lodger's spouse [Repealed]

160 Purchasing liquor for minors

161 Employment of minors

162 Purchasing of liquor by minors

162A Infringement offences

162B Commission of infringement offence

162C Infringement notices

162D Payment of infringement fees

163 Minors in restricted areas or supervised areas

164 Permitting minors to be in restricted areas or supervised areas

Other offences on licensed premises

165 Unauthorised sale or supply

166 Sale or supply of liquor to intoxicated person

167 Allowing person to become intoxicated

168 Allowing drunkenness or disorderly conduct on licensed premises

169 Sales of spirits otherwise than in a glass

170 Being on licensed premises outside licensing hours

171 Allowing person on licensed premises outside licensing hours

172 Making false representation to licensees, etc

172A Licensee's offences in respect of manager

Closure of premises

173 Closure of licensed premises in case of riot

174 Closure of premises in case of fighting, etc

Further powers of Police

175 Powers of entry on licensed premises

176 Power of Police to demand information

177 Search warrant

177A Power of Police to seize samples of liquor

Matters of evidence

178 Matters of proof relating to status of premises or conveyance

179 Matters of proof relating to content of liquor

180 Evidence of sale or consumption of liquor

Miscellaneous provisions

181 Liability of licensee for offences by manager

182 Offences to be punishable on summary conviction [Repealed]

183 Court may order forfeiture in certain cases

184 Notice of prosecution or conviction of managers and licensees

Part 9
Licensing trusts

Constitution

185 Constitution of trusts

186 Trusts to be bodies corporate

187 Objects of trusts

188 Trusts liable for taxes

189 Distribution of profits

Elections

190 Election of members

191 First election of members

192 Second and subsequent elections

193 Qualification of electors

194 Conduct of elections

195 In default of election Governor-General may appoint members

Members

196 President of trust to be elected

197 Trust may appoint deputy president

198 Deputies of members

199 Remuneration of president and other members

Disqualification and vacancies

200 Disqualification of members of trust

201 Vacation of office by members

202 Filling of extraordinary vacancies

203 Ouster of office

Conduct of business

204 Meetings of trust

205 Trusts may determine own procedure

206 Books of account

207 Yearly balance sheet and statements

207A Annual meeting of electors

208 Power to compromise with creditors

Variation, amalgamation, and winding up

209 Variation of constitution of trust

210 Election of members on creation or alteration of wards

211 Amalgamation of trusts

212 Liquidation

213 Distribution of assets where trust put into liquidation

Special provisions relating to existing district and suburban trusts

214 Application of sections 215 and 216

215 Poll may be held on competition proposal

216 Provisions applying until competition proposal carried

Special provisions relating to other trusts

[Repealed]

217 Application of sections 218 and 219 [Repealed]

218 Poll may be held on expansion proposal [Repealed]

219 Provisions applying until expansion proposal carried [Repealed]

Part 9A
Community trusts

Reconstitution of licensing trust as community trust

219A Licensing trust members may resolve to reconstitute trust as community trust

219B Public notice of resolution

219C Electors may requisition meeting

219D Meeting to discuss resolution

219E Poll on resolution

219F Electors may requisition poll

219G Establishment of community trust

219H Vesting of licensing trust's undertaking in community trust

Status, name, region, and purpose of community trust

219I Community trust to be body corporate with full powers

219J Name of community trust

219K Region of community trust

219L Object of community trust

219M Duty to apply net profits

Trust deed

219N Matters to be included in trust deed

219O Variation of trust deed

219P Trust deed not to be inconsistent with this Act

Trustees

219Q Trustees

219R Election of subsequent trustees

219S Qualification of electors

219T Conduct of elections

219U In default of election Governor-General may appoint trustees

219V Term of office of trustees

219W Persons not capable of holding office as trustee

Accountability

219X Financial statements

219Y Annual meeting of electors

Amalgamation and liquidation

219Z Amalgamation of community trusts

219ZA Liquidation

219ZB Distribution of assets where community trust put into liquidation

Miscellaneous matters

219ZC Taxes and duties

219ZD Application of Trustee Act 1956

219ZE Application of Local Authorities (Members' Interests) Act 1968

219ZF Application of Local Government Official Information and Meetings Act 1987

Part 10
Miscellaneous provisions

220 Secretary to set up and maintain register

221 Record of applications

222 Certified extracts to be evidence

223 Licensees and managers to have address for service

224 Certain licensees to file annual returns [Repealed]

225 Notification of Licensing Authority by company of changes in company shareholding or name

225A Notification of Licensing Authority by beneficial owner of shares of changes in shareholding

225B Notification of Police

226 Duplicate licence or certificate

227 Surrender of licence

228 Temporary licence during repairs, etc

229 Regulations

230 Amendments and repeals

Part 11
Transitional provisions

231 Certain licences deemed to be on-licences

232 Certain permits deemed to be on-licences

233 New Zealand Railways Corporation deemed to be holder of on-licences for trains

234 Certain licences deemed to be off-licences

235 Certain licensees deemed to be holders of off-licences

236 Certain clubs deemed to be holders of off-licences

237 Certain licences and club charters deemed to be club licences

238 Permanent club charters unaffected

239 Booth licences deemed to be special licences

240 District and suburban licensing trusts deemed to be holders of certain licences

241 Certain licensing trusts to continue

242 Present conditions of sale to continue

243 New licences to be issued as soon as practicable

244 Certain premises and parts of premises deemed to be restricted areas or supervised areas

245 Certain managers' certificates deemed to be general managers' certificates

246 Certain managers' certificates deemed to be club managers' certificates [Repealed]

247 Transfer of records

248 Applications and appeals pending at commencement of this Act

249 Special provisions relating to Roskill no-licence district

250 Special provisions relating to Wellington East no-licence district

251 Special provisions relating to Grey Lynn no-licence district

252 Special provisions relating to Eden no-licence district

253 Special provisions relating to Tawa special district

254 Minister to consider amalgamation of new district with existing trust district

Schedule 1
Enactments amended

Schedule 2
Enactments repealed

Schedule 3
Existing licensing trusts

Reprint notes


An Act to reform the law relating to the sale of liquor to the public