New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 July 2011
| Public Act | 1989 No 63 |
| Date of assent | 17 August 1989 |
| Commencement | see section 1(2) |
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.
1 Short Title and commencement
2A Meaning of term evidence of age document
9 Applications for on-licences
12 Unopposed applications may be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority
20 Reports on applications for renewals
21 Unopposed applications to be granted, opposed applications to be forwarded to Licensing Authority
23 Decision on application for renewal
25 Display of signs and licence
27 Annual returns [Repealed]
28 Special provisions relating to BYO restaurants
31 Applications for off-licences
34 Unopposed applications may be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority
36 Types of premises in respect of which off-licences may be granted
43 Reports on applications for renewals
44 Unopposed applications to be granted, opposed applications to be forwarded to Licensing Authority
46 Decision on application for renewal
48 Display of signs and licence
50 Annual returns [Repealed]
51 Special provisions relating to caterers
52 Special provisions relating to auctioneers
55 Applications for club licences
58 Unopposed applications may be granted by District Licensing Agency, opposed applications to be forwarded to Licensing Authority
60 Conditions of club licences
66 Reports on applications for renewals
67 Unopposed applications to be granted, opposed applications to be forwarded to Licensing Authority
69 Decision on application for renewal
70 Display of signs and licence
72 Annual returns [Repealed]
74 Special licences for social gatherings
75 Who may hold special licence
76 Applications for special licences
79 Criteria for special licences
80 Conditions of special licences
82 Duration of special licences
Part 5
Licensing Authority and District Licensing Agencies
85 Licensing Authority established
86 Term of office of members of Authority
87 Resignation or removal from office
89 Remuneration and travelling expenses
90 Officers of Authority and professional assistance
93 Authority may give directions where appropriate Agency in doubt
94 Authority may refer matters for investigation
95 Authority may refer matters to District Licensing Agency
96 Authority may send statements to 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
104 Local authority may delegate powers and duties
General provisions relating to Authority and Agencies
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
Part 6
Management of licensed premises
115 Manager to be on duty at all times and responsible for compliance
116 Managers to hold certificate
117 Kinds of managers' certificates
117A General manager must hold prescribed qualification
118 Applications for managers' certificates
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
127 Decision on application for renewal
130 Notice of appointment, etc, of manager, temporary manager, or acting manager
131 Power of inspectors to enter licensed premises
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
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
141 Right to appear and be heard on appeals
142 Orders relating to determination of appeals
144 Appeal in respect of additional points of law
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
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
162 Purchasing of liquor by minors
162B Commission of infringement offence
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
173 Closure of licensed premises in case of riot
174 Closure of premises in case of fighting, etc
175 Powers of entry on licensed premises
176 Power of Police to demand information
177A Power of Police to seize samples of liquor
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
181 Liability of licensee for offences by manager
182 Offences to be punishable on summary conviction
183 Court may order forfeiture in certain cases
184 Notice of prosecution or conviction of managers and licensees
186 Trusts to be bodies corporate
192 Second and subsequent elections
195 In default of election Governor-General may appoint members
196 President of trust to be elected
197 Trust may appoint deputy president
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
205 Trusts may determine own procedure
207 Yearly statement of financial position 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
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]
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
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
219K Region of community trust
219L Object of community trust
219M Duty to apply net profits
219N Matters to be included in trust deed
219P Trust deed not to be inconsistent with this Act
219R Election of subsequent trustees
219S Qualification of electors
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
219Y Annual meeting of electors
219Z Amalgamation of community trusts
219ZB Distribution of assets where community trust put into liquidation
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
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
226 Duplicate licence or certificate
228 Temporary licence during repairs, etc
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]
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
An Act to reform the law relating to the sale of liquor to the public
