Reprint as at 1 December 2014

Sale and Supply of Alcohol Act 2012

Public Act2012 No 120
Date of assent18 December 2012
Commencementsee section 2

Note

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

1 Title

2 Commencement

Part 1
Preliminary matters

3 Purpose

4 Object

5 Interpretation

6 Use of electronic records

7 Act binds the Crown

Part 2
Sale and supply of alcohol generally

Subpart 1Licensing generally, requirements on licensees, and conditions

Exemptions

8 Certain sales by makers, importers, distributors, and wholesalers exempted

9 Exemption for certain alcohol not intended for drinking

10 Certain messes and canteens exempted, but codes of practice required instead

11 Authorised sales of alcohol at international airports exempted

12 Homestays exempted

Kinds of licence and their effect

13 Kinds of licence

14 On-licences generally

15 On-licences: BYO restaurants

16 On-licences: caterers

17 Off-licences: sale and supply on licensed premises

18 Off-licences: sale for delivery and sales at distance

19 Off-licences: direct delivery of alcohol, by arrangement with holder, by distributor, importer, manufacturer, or wholesaler

20 Off-licences: auctioneers

21 Club licences

22 Special licences

23 Limitation on effect of sections 14 to 22

24 No obligation to serve

25 Issue of second licence for premises already licensed

Who can hold licences

26 Licences not to be held without express authority of this Act

27 Licences not to be issued to persons not empowered to hold them

28 Who can hold on-licences, off-licences, and special licences

29 Limitations on holding of on-licences and off-licences by clubs

30 Who can hold club licences

31 Limitation on effect of sections 28 and 30

Restrictions on issue of off-licences

32 Kinds of premises for which off-licences may be issued

33 Determining whether premises are grocery store

34 Exception for certain areas where some licensed premises not economic

35 Exception for certain complementary sales

36 No off-licences for petrol stations, certain garages, dairies, convenience stores, conveyances, or shops within shops

Endorsed licences for BYO restaurants, auctioneers, and caterers

37 On-licences for BYO restaurants

38 On-licences for caterers

39 Off-licences for auctioneers

40 Off-licences for remote sellers of alcohol

Restrictions on issue of special licences

41 No special licence where permanent licence or variation of permanent licence more appropriate

42 Restrictions on issue of special licences for consumption off-premises

Permitted trading hours

43 Default national maximum trading hours

44 Permitted trading hours for premises without relevant local alcohol policy

45 Permitted trading hours for premises with relevant local alcohol policy

Restrictions relating to trading hours

46 No sale or supply outside permitted trading hours: all licences

47 Sale and supply on Anzac Day morning, Good Friday, Easter Sunday, and Christmas Day restricted: on-licences

48 Sale on Anzac Day morning, Good Friday, Easter Sunday, and Christmas Day restricted: off-licences

49 Remote sales exempted from trading hours restrictions

Requirements on holders of on-licences and club licences

50 One-way door restrictions in local alcohol policies to be complied with

51 Non-alcoholic drinks to be available

52 Low-alcohol drinks to be available

53 Food to be available

54 Help with and information about transport to be available

Requirements on holders of special licences

55 Requirements relating to special licences for consumption off-premises

Other restrictions and requirements

56 Display of signs: on-licences, off-licences

57 Display of licence: all licences

58 Restriction on kinds of alcohol sold in supermarkets and grocery shops, and premises directly accessible from supermarket or grocery shop

59 Requirements relating to remote sales by holders of off-licences

60 Sale and supply in clubs to members and guests only

61 Administrative requirements for club licences

62 No bring-your-own alcohol in clubs

Requirements imposed as conditions

63 Requirements and restrictions imposed as conditions

Miscellaneous licensing provisions

64 Issue of licences, certificates, and authorities

65 Secretary of authority to set up and maintain registers

66 Record of applications

67 Certified extracts to be evidence

68 Licensees and managers to have address for service

69 Notification of licensing authority by company of changes in company shareholding or name

70 Notification of licensing authority by beneficial owner of shares of changes in shareholding

71 Notification of Police

72 Duplicate licence or certificate

73 Surrender of licence or manager's certificate

74 Temporary licence during repairs, etc

Subpart 2Local alcohol policies

75 Territorial authorities may have local alcohol policies

76 Territorial authorities may adopt joint local alcohol policy

77 Contents of policies

78 Territorial authorities must produce draft policy

79 Territorial authority must produce provisional policy by consulting on draft policy using special consultative procedure

80 Territorial authority wishing to adopt provisional policy must give public notice

81 Right of appeal to licensing authority

82 Appeals to be dealt with in public

83 Consideration of appeals by licensing authority

84 Actions territorial authority may take if asked to reconsider element of provisional policy

85 Effect of High Court decisions on appeal by territorial authority

86 Effect of resubmission of provisional policy to licensing authority

87 When local alcohol policy adopted

88 Territorial authority may discontinue development of local alcohol policy

89 Disallowance of local alcohol policy

90 When local alcohol policy is in force

91 Licensing authority to be given copy of local alcohol policy

92 Licensing authority to keep register of local alcohol policies

93 Relationship of local alcohol policies and district plans

94 Local alcohol policies to be consistent with general law

95 Amendment of local alcohol policies

96 Revocation of local alcohol policies

97 Local alcohol policies to be reviewed every 6 years

Subpart 3Licensing process: on-licences, off-licences, and club licences

98 Licences to which subpart applies

Applications for licences

99 Applications to be made to licensing committee

100 Form of application

101 Notification requirements

102 Objections to applications

103 Police, Medical Officer of Health, and inspector must inquire into applications

104 Who decides application for licence

105 Criteria for issue of licences

106 Considering effects of issue or renewal of licence on amenity and good order of locality

107 Authority or committee may refuse licence even if application not opposed

108 Licence may be refused if contrary to local alcohol policy

109 Conditions may be imposed if required by local alcohol policy

110 Particular conditions: on-licences and club licences

111 Imposition of one-way door restrictions by condition

112 Compulsory conditions relating to display and promotion of alcohol in single area in supermarkets and grocery stores

113 Describing alcohol areas

114 Effect of single-area conditions

115 Application of single-area conditions can be delayed for some renewals

116 Particular discretionary conditions, and other compulsory conditions: off-licences

117 Other discretionary conditions

118 Different conditions may apply to different parts of premises

119 Restricted and supervised areas

Variation of conditions

120 Variation of conditions

Duration

121 Licence expires when new licence issued for same premises

122 Expiry or renewal of licences

123 Application of section 122

124 Application for renewal lapses if licence expires

Renewals

125 Restriction on renewal of off-licences

126 Renewal of licence held by auctioneer or caterer

127 Application for renewal of licence

128 Objections to renewal

129 Police, Medical Officer of Health, and inspector must inquire into application

130 Who decides application for renewal

131 Criteria for renewal

132 Imposition of conditions on renewal

Matters that relate to decisions to renew licences

133 Renewal of licences where relevant local alcohol policy exists

134 Licensing committee may decide certain application on papers

135 Decision on renewal

Temporary authorities

136 Temporary authorities: on-licences and off-licences

Subpart 4Licensing process: special licences

Applications for special licences

137 Filing of applications

138 Form of application

139 Notification requirements

140 Objections to applications

141 Inquiry into applications by Police, inspector, and Medical Officer of Health

142 Criteria for issue of special licences

143 Additional requirements for large-scale events

144 Licensing committee may refuse special licence of own motion

145 Special licence may be refused if contrary to local alcohol policy

146 Conditions may be imposed if required by local alcohol policy

147 Particular discretionary conditions and compulsory conditions: special licences

148 Different conditions may apply in certain cases

149 Duration of special licences

150 Display of special licences

Other matters

151 Medical Officer of Health may delegate functions

Subpart 5Appeals

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

153 Effect of appeal against other decisions

Appeals to licensing authority

154 Who may appeal

155 Procedure for commencing appeal

156 Adjournment if notice of appeal not given

157 Appeals by way of rehearing

158 Determination of appeal

Appeals to High Court

159 Who may appeal to High Court

160 Procedure for commencing appeal

161 Appeals

162 Appeal against decision of licensing authority on question of law

163 Right to appear and be heard on appeals

164 Orders relating to determination of appeals

165 Appeal on additional question of law

166 Extension of time

167 No review until right of appeal exercised

Appeals to Court of Appeal

168 Further appeal to Court of Appeal

Subpart 6Licensing bodies

Alcohol Regulatory and Licensing Authority

169 Alcohol Regulatory and Licensing Authority

170 Functions of licensing authority

171 Powers of licensing authority

172 Licensing authority may issue practice directions

173 Licensing authority may give directions where licensing committee in doubt

174 Licensing authority may refer matters for investigation

175 Licensing authority may refer matters to licensing committees

176 Licensing authority may give statements to licensing committees

177 Meetings of licensing authority

178 Annual report

179 Membership of licensing authority

180 Chairperson and deputy chairperson

181 Term of office of members

182 Resignation or removal from office

183 Fees and allowances

184 Officers of licensing authority

185 Professional assistance

District licensing committees

186 Territorial authorities to appoint district licensing committees

187 Functions of licensing committees

188 Powers of licensing committees

189 Composition of licensing committees

190 Meetings of licensing committees

191 Quorum

192 Territorial authority to establish and maintain list of licensing committee's members

193 Appointment of commissioners

194 Resignation or removal

195 Fees and allowances for members

196 Secretary of licensing committees

197 Licensing inspectors

198 Delegation of functions, duties, or powers of chief executives

199 Annual report

200 Application of Local Government Official Information and Meetings Act 1987

General provisions relating to licensing authority and licensing committees

201 Licensing authority and licensing committees have powers of commissions of inquiry

202 Procedure

203 Proceedings of licensing authority and licensing committees

204 Right of certain persons to appear in proceedings

205 Right of persons to appear in relation to appeal under section 81

206 Right of persons to appear in relation to certain applications for variation, suspension, and cancellation

207 Evidence in proceedings before licensing authority or licensing committee

208 Licensing authority or licensing committee may waive certain omissions

209 Licensing committee may state case for opinion of licensing authority

210 Licensing authority may state case for opinion of High Court

211 Decisions to be given in writing

Subpart 7Management of licensed premises

212 Appointment of managers: on-licences, off-licences, and club licences

213 Appointment of manager: special licences

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

215 Circumstances where section 214 does not apply

Manager's certificates

216 Managers to hold certificate

217 Manager's certificate

218 Manager must hold prescribed qualification

219 Applications for manager's certificates

220 Reports

221 Who decides application for manager's certificate

222 Criteria for manager's certificates

223 Duration of manager's certificates

224 Application for renewal of manager's certificates

225 Reports and applications for renewals

226 Who decides application for renewal of manager's certificates

227 Criteria for renewal

228 Decision on application for renewal

Miscellaneous provisions

229 Temporary manager

230 Acting manager

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

232 Licensees to keep record of temporary and acting managers

Subpart 8Offences and closure of premises

Unlicensed persons and unlicensed premises

233 Sales by unlicensed persons

234 Allowing unlicensed premises to be used for sale of alcohol

235 Use of unlicensed premises as place of resort for consumption of alcohol

236 People found on unlicensed premises kept as place of resort for consumption of alcohol

Irresponsible promotion of alcohol

237 Irresponsible promotion of alcohol

Banned and restricted alcohol products

238 Offences relating to banned and restricted alcohol products

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

240 Exemptions in respect of licensed premises

241 Supplying alcohol to minors

242 Employment of minors

243 Buying of alcohol by people under purchase age

244 Minors in restricted areas or supervised areas

245 Permitting minors to be in restricted areas or supervised areas

246 Who is guardian

Other offences on licensed premises

247 Unauthorised sale or supply

248 Sale or supply of alcohol to intoxicated people

249 Allowing people to become intoxicated

250 Manager intoxicated on duty

251 Employee intoxicated on duty

252 Allowing intoxication on licensed premises

253 Allowing disorderly conduct on licensed premises

254 Sales of spirit in vessel exceeding 500 ml

255 Being on licensed premises outside licensing hours

256 Allowing people on licensed premises outside licensing hours

257 Offences relating to evidence of age documents

258 Licensee's offences in respect of manager

Failure to comply with requirement or restriction

259 Failure to comply with certain requirements and restrictions imposed by or under this Act

Infringement offences

260 Infringement offences

261 Commission of infringement offences

262 Infringement notices

263 Payment of infringement fees

264 Regulations

Closure of premises

265 Closure of premises by order

266 Closure of licensed premises by Police

Powers of entry on licensed premises

267 Powers of entry on licensed premises

268 Power to seize samples of alcohol

269 Power of Police to demand information

Further powers of Police

270 Constable may apply for search warrant

271 Search and Surveillance Act 2012 to apply

Matters of evidence

272 Matters of proof relating to status of premises

273 Matters of proof relating to content of alcohol

274 Evidence of sale or consumption of alcohol

Miscellaneous provisions

275 Liability of licensees for offences by managers

276 Community Magistrates have jurisdiction in some cases

277 Forfeiture

278 Notice of prosecution or conviction of managers and licensees

Subpart 9Other enforcement provisions

General enforcement provisions

279 Building Act 2004

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

281 Suspension or cancellation of licences by licensing authority in respect of certain offences

282 Hearing for suspension or cancellation under section 281

283 Variation, suspension, or cancellation of special licences

284 Hearing for variation, suspension, or cancellation of special licences under section 283

285 Suspension or cancellation of manager's certificates

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

287 Automatic suspension of licence for non-payment of annual fee

Cancellation of licences and manager's certificates for repeat offending or breaches

288 Holdings giving rise to cancellation of licence and manager's certificate

289 Cancellation of licence after 3 holdings within 3 years

290 Cancellation of manager's certificate after 3 holdings within 3 years

291 Procedure for applications for cancellation of licence

292 Restrictions on person whose licence has been cancelled

293 Restriction on person whose manager's certificate has been cancelled

294 Licensing authority may cancel manager's certificate after making finding

Agencies' duty to collaborate

295 Duty to collaborate

Licensing authority to keep and maintain list

296 List of licensees and managers who hold licences or manager's certificates

297 Removal of entry relating to holding

298 Purpose of list

299 List to be made available to constables and inspectors only

Part 3
Licensing trusts, community trusts, and other matters

Subpart 1Licensing trusts

Establishment of licensing trusts

300 Licensing trust established by Order in Council

301 When Minister must recommend establishment of licensing trust

302 Licensing trust is body corporate

303 Existing licensing trusts continue in existence

304 Alteration of trust boundaries

305 Functions of licensing trust

306 Licensing trust liable to taxes

307 How licensing trust may spend profits

Elections

308 Election of members

309 Qualification to be elected or appointed member

310 First election of members

311 Second and later elections

312 Who is qualified to vote in election of members of licensing trust

313 Conduct of election

314 Electoral roll

315 Governor-General may appoint members to make up required number

316 Term of office

Members

317 Election of president of trust

318 Vacancy in office of president

319 Deputy president

320 Minister may appoint deputy of member

321 Remuneration

Disqualification and vacancies

322 Disqualification from election or appointment as member of licensing trust

323 Disqualification from continuing to be member of licensing trust

324 Offence of acting as member of licensing trust while disqualified

325 Vacation of office by members

326 Extraordinary vacancies

Removal from office

327 District Court may issue removal summons

328 District Court may remove member from office

Conduct of business

329 First meeting of trust

330 Procedure at meetings

331 Trusts may determine own procedure

332 Financial year

333 Accounting records

334 Financial statements

335 Annual meeting of electors

336 Power to compromise with creditors

Variation of licensing trust

337 Variation of establishment of licensing trust

338 Creation, alteration, or abolition of wards takes effect at next triennial general election of members

339 Alteration of number of members for ward takes effect at next triennial general election of members

Amalgamation of licensing trusts

340 Amalgamation of licensing trusts

341 Notice of amalgamation proposal

342 Meeting to discuss amalgamation proposal

343 Poll on amalgamation proposal

344 Amalgamation by Order in Council

345 Effect of Order in Council

Voluntary administration and liquidation

346 Voluntary administration and liquidation under Companies Act 1993

347 Distribution of assets

Special provisions relating to existing district and suburban trusts

348 Application of sections 349 and 350

349 Poll may be held on competition proposal

350 Monopoly provisions continue to apply

Subpart 2Community trusts

Conversion of licensing trust to community trust

351 Resolution to convert licensing trust to community trust

352 Public notice of resolution

353 Electors may request meeting

354 Meeting to discuss resolution

355 Poll on resolution

356 Electors may request poll on conversion at any time

357 Establishment of community trust

358 Order in Council vesting licensing trust's undertaking in community trust

Status, name, region, and functions of community trust

359 Community trust is body corporate

360 Existing community trust continues in existence

361 Name of community trust

362 Region of community trust

363 Alteration of community trust boundaries

364 Functions of community trust

365 How community trust may spend profits

Trust deed

366 Contents of trust deed

367 Variation of trust deed

368 Trust deed must be consistent with Act

Trustees

369 First trustees

370 Election of trustees

371 Who is qualified to vote in election of trustees of community trust

372 Conduct of election of trustees

373 Electoral roll for election of trustees

374 Governor-General may appoint trustees to make up required number

375 Trustees' term of office

376 Disqualification from election or appointment as trustee

377 Disqualification from continuing to hold office as trustee

378 Vacation of office by trustees

379 Extraordinary vacancies

380 Removal of trustee from office

Conduct of business

381 Financial year

382 Accounting records

383 Financial statements

384 Annual meeting of electors

Amalgamation of community trusts

385 Amalgamation of community trusts

386 Notice of amalgamation proposal

387 Meeting to discuss amalgamation proposal

388 Poll on amalgamation proposal

389 Amalgamation by Order in Council

390 Effect of Order in Council

Voluntary administration and liquidation

391 Voluntary administration and liquidation under Companies Act 1993

392 Distribution of assets

Miscellaneous

393 Liability of community trust to taxes

394 Application of Trustee Act 1956

395 Application of Local Authorities (Members' Interests) Act 1968

396 Application of Local Government Official Information and Meetings Act 1987

Subpart 3Other matters

Regulations

397 Regulations

398 Regulations regulating sale of alcohol containing less than 15% ethanol (other than beer, mead, and wine)

399 Consultation on regulations regulating sale of alcohol containing less than 15% ethanol (other than beer, mead, and wine)

400 Regulations banning or restricting certain alcohol products

401 Point-of-sale information regulations

402 Content of fees regulations

403 Consultation on proposed fees regulations

404 Fees to be reviewed every 5 years

Fee-setting by territorial authorities

405 Fee-setting by territorial authorities

Transitional matters

406 Disposal of certain applications made within 6 months after day of assent

407 Disposal of applications made between 6 and 12 months after day of assent

408 Certain otherwise ineligible applications may be granted for limited period

409 Existing licences continue in force

410 Transitional provision relating to BYO restaurants and managers

411 Transitional provision for certain manager's certificates

412 Existing members of licensing authority continue in office

413 Interpretation of documents constituting certain existing bodies corporate

414 Permanent club charters unaffected

415 Matters not completed by District Licensing Agencies

Amendment to Children, Young Persons, and Their Families Act 1989

416 Jurisdiction of Youth Court

Consequential amendments and repeals

417 Consequential amendments

418 Repeals

Schedule 1
Existing licensing and community trusts

Schedule 2
Consequential amendments to other enactments

Schedule 3
Consequential amendments to regulations

Reprint notes


The Parliament of New Zealand enacts as follows: