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  • repealed
  • Sale of Liquor Act 1989: repealed, on 18 December 2013, by section 418(3) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).
2 Interpretation
  • In this Act, unless the context otherwise requires,—

    airport bar means premises used or intended to be used in the course of business principally for the provision of liquor to air travellers, whether arriving at or departing from the airport

    Armed Forces Canteen Council means the council constituted under that name by section 3 of the Armed Forces Canteens Act 1948

    bar, in relation to any hotel or tavern, includes any part of the hotel or tavern that is used principally or exclusively for the sale, supply, or consumption of liquor

    building code has the meaning ascribed to it by the Building Act 2004

    chartered club means any club—

    • (a) that, immediately before the commencement of this Act, held a charter granted under the Sale of Liquor Act 1962, the Licensing Act 1908, or any former Licensing Act; or

    • (b) that is a voluntary association of persons combined for promoting the common object of private social intercourse, convenience, and comfort and providing its own liquor, and not for the purposes of gain

    club means—

    • (a) any chartered club; or

    • (b) any club that has as its object, or as one of its objects, participating in or promoting any sport or other recreational activity, otherwise than for gain; or

    • (c) any other voluntary association of persons (whether incorporated or not) combined for any purpose other than gain

    community trust means—

    • (b) a community trust that is the amalgamation of 2 or more community trusts under section 219Z

    conveyance means any ship, ferry, aircraft, hovercraft, train, coach, or other vehicle used for the transport of persons

    defence area has the same meaning as in section 2(1) of the Defence Act 1990

    District Licensing Agency, in relation to any district, means the local authority for that district constituted as the District Licensing Agency by section 99

    generally accepted accounting practice means—

    • (a) financial reporting standards (within the meaning of section 2(1) of the Financial Reporting Act 1993) so far as those standards apply to licensing trusts or community trusts (as the case may require); and

    • (b) in relation to matters for which no provision is made in financial reporting standards (within the meaning of section 2(1) of the Financial Reporting Act 1993) and that are not subject to any applicable rule of law, accounting policies that—

      • (i) are appropriate to the licensing trust or community trust; and

      • (ii) have authoritative support within the accounting profession in New Zealand

    guardian, in relation to a person, means the person's guardian within the meaning of the Care of Children Act 2004

    hotel means any premises used or intended to be used in the course of business principally for the provision to the public of—

    • (a) lodging; and

    • (b) liquor, meals, and refreshments for consumption on the premises

    inspector means an inspector appointed under this Act

    licence means a licence under this Act

    licensed premises means any premises, or any part of any premises, on which liquor may be sold pursuant to a licence; and includes any conveyance, or any part of any conveyance, in which liquor may be sold pursuant to a licence

    licensee means a person who holds a licence for the time being in force under this Act

    Licensing Authority means the Liquor Licensing Authority constituted by section 85

    licensing trust district means—

    • (a) a licensing trust district specified in Schedule 3; and

    • (b) a licensing trust district constituted under section 185

    liquor means any fermented, distilled, or spirituous liquor (including spirits, wine, ale, beer, porter, honeymead, stout, cider, and perry) that is found on analysis to contain 1.15% or more alcohol by volume

    local authority means a territorial authority within the meaning of the Local Government Act 2002

    manager means a manager of licensed premises appointed under and for the purposes of this Act

    member means a member of a licensing trust

    Minister means the Minister of the Crown who, under the authority of the Prime Minister, is for the time being responsible for the administration of this Act

    naval ship has the same meaning as in section 2(1) of the Defence Act 1990

    New Zealand Fire Service means the fire service established under that name by section 3 of the Fire Service Act 1975

    New Zealand Fire Service Commission means the commission constituted under that name by section 4 of the Fire Service Act 1975

    no-licence district means a no-licence district to which Part 10 of the Sale of Liquor Act 1962 applied immediately before the commencement of this Act

    objector means a person who has filed an objection under this Act

    permanent club charter means a charter granted under section 260(3) of the Licensing Act 1908 or any former Licensing Act and in force immediately before the commencement of this Act

    pharmacist means a health practitioner who is, or is deemed to be, registered with the Pharmacy Council established by section 114(5) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of pharmacy

    principal entrance, in relation to any licensed premises, means any entrance to the premises so designated by the Licensing Authority

    prison has the same meaning as in section 3(1) of the Corrections Act 2004

    prohibited persons, in relation to any licence, means—

    • (a) persons who are under the age of 18 years; and

    • (b) persons to whom liquor may not be sold pursuant to the licence; and

    • (c) persons who are intoxicated

    public notice,—

    • (a) for the purposes of this Act, other than Part 9A, means a notice published twice in a newspaper or newspapers—

      • (i) nominated for the purpose of any application or other matter under this Act (whether generally or in any particular case) by the Secretary of the District Licensing Agency; and

      • (ii) circulating in the locality to which the act, matter, or thing required to be publicly notified relates or refers, or in which it arises; and

      • (iii) with an interval of not less than 5 nor more than 10 days between each notification:

    • (b) for the purposes of Part 9A, means a notice published twice in a newspaper or newspapers—

      • (i) circulating in the district of the licensing trust concerned or the region of the community trust concerned (as the case may be); and

      • (ii) with an interval of not less than 5 nor more than 10 days between each notification

    restaurant means any premises in which meals are regularly supplied on sale to the public for consumption on the premises

    restricted area, in relation to any licensed premises, means any part of those premises so designated by the Licensing Authority or the District Licensing Agency to which persons who are under the age of 18 years shall not be admitted

    Secretary means the Secretary of the Licensing Authority or (as the case may require) the Secretary of a District Licensing Agency

    sports club means any club that has as its object, or as one of its objects, participating in or promoting any sport or other recreational activity, otherwise than for gain

    supervised area, in relation to any licensed premises, means any part of those premises so designated by the Licensing Authority or the District Licensing Agency to which a person under the age of 18 years may not be admitted unless accompanied by the person's parent or guardian

    tavern means any premises used or intended to be used in the course of business principally for the provision to the public of liquor and other refreshments; but does not include an airport bar

    temporary authority means a temporary authority order granted and in force under this Act

    tourist-house means a hotel in which liquor is sold to members of the public only if they are lodging on the premises, or are on the premises for the purpose of having a meal

    working day means any day except—

    • (a) a Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and

    • (b) a day in the period commencing with 20 December in any year and ending with 15 January in the following year.

    Compare: 1962 No 139 ss 2, 162; 1969 No 130 s 19; 1970 No 35 s 2(2); 1974 No 13 s 2; 1976 No 167 s 18; 1979 No 59 s 8(3); 1980 No 168 s 9(1); 1981 No 125 s 33; 1982 No 113 s 5

    Section 2 building code: inserted, on 1 July 1992, by section 92(1) of the Building Act 1991 (1991 No 150).

    Section 2 building code: amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

    Section 2 community trust: inserted, on 1 October 2004, by section 4 of the Sale of Liquor Amendment Act 2004 (2004 No 21).

    Section 2 defence area: amended, on 1 April 1990, pursuant to section 105(2) of the Defence Act 1990 (1990 No 28).

    Section 2 Defence Council: repealed, on 1 April 2000, by section 2(1) of the Sale of Liquor Amendment Act 1999 (1999 No 92).

    Section 2 generally accepted accounting practice: inserted, on 1 April 2005, by section 4 of the Sale of Liquor Amendment Act 2004 (2004 No 21).

    Section 2 generally accepted accounting practice paragraph (a): amended, on 1 July 2011, by section 12 of the Financial Reporting Amendment Act 2011 (2011 No 22).

    Section 2 generally accepted accounting practice paragraph (b): amended, on 1 July 2011, by section 12 of the Financial Reporting Amendment Act 2011 (2011 No 22).

    Section 2 guardian: inserted, on 1 December 1999, by section 2(5) of the Sale of Liquor Amendment Act 1999 (1999 No 92).

    Section 2 guardian: amended, on 1 July 2005, by section 151 of the Care of Children Act 2004 (2004 No 90).

    Section 2 local authority: replaced, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

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

    Section 2 naval ship: amended, on 1 April 1990, pursuant to section 105(2) of the Defence Act 1990 (1990 No 28).

    Section 2 penal institution: repealed, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 2 pharmacist: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

    Section 2 prison: inserted, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 2 prohibited persons paragraph (a): amended, on 1 December 1999, by section 2(2) of the Sale of Liquor Amendment Act 1999 (1999 No 92).

    Section 2 public notice: replaced, on 1 October 2004, by section 4 of the Sale of Liquor Amendment Act 2004 (2004 No 21).

    Section 2 restricted area: amended, on 1 December 1999, by section 2(3) of the Sale of Liquor Amendment Act 1999 (1999 No 92).

    Section 2 supervised area: replaced, on 1 December 1999, by section 2(4) of the Sale of Liquor Amendment Act 1999 (1999 No 92).