Reprint as at 1 September 2015

Coat of Arms of New Zealand

Sale and Supply of Alcohol Act 2012

Public Act
 
2012 No 120
Date of assent
 
18 December 2012
Commencement
 
see 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

1Title
2Commencement
3Purpose
4Object
5Interpretation
5AStatus of examples
6Use of electronic records
7Act binds the Crown
8Certain sales by makers, importers, distributors, and wholesalers exempted
9Exemption for certain alcohol not intended for drinking
10Certain messes and canteens exempted, but codes of practice required instead
11Authorised sales of alcohol at international airports exempted
12Homestays exempted
13Kinds of licence
14On-licences generally
15On-licences: BYO restaurants
16On-licences: caterers
17Off-licences: sale and supply on licensed premises
18Off-licences: sale for delivery and sales at distance
19Off-licences: direct delivery of alcohol, by arrangement with holder, by distributor, importer, manufacturer, or wholesaler
20Off-licences: auctioneers
21Club licences
22Special licences
23Limitation on effect of sections 14 to 22
24No obligation to serve
25Issue of second licence for premises already licensed
26Licences not to be held without express authority of this Act
27Licences not to be issued to persons not empowered to hold them
28Who can hold on-licences, off-licences, and special licences
29Limitations on holding of on-licences and off-licences by clubs
30Who can hold club licences
31Limitation on effect of sections 28 and 30
32Kinds of premises for which off-licences may be issued
33Determining whether premises are grocery store
34Exception for certain areas where some licensed premises not economic
35Exception for certain complementary sales
36No off-licences for petrol stations, certain garages, dairies, convenience stores, conveyances, or shops within shops
37On-licences for BYO restaurants
38On-licences for caterers
39Off-licences for auctioneers
40Off-licences for remote sellers of alcohol
41No special licence where permanent licence or variation of permanent licence more appropriate
42Restrictions on issue of special licences for consumption off-premises
43Default national maximum trading hours
44Permitted trading hours for premises without relevant local alcohol policy
45Permitted trading hours for premises with relevant local alcohol policy
45APurpose
45BGame, and other terms, defined
45CEligible premises
45DTrading hours extended
45EEffect of extensions (on one-way door restrictions, etc)
45FDisplay of information about extensions
45GSpecial licences unaffected, and not limiting, but do not apply if notice given
46No sale or supply outside permitted trading hours: all licences
47Sale and supply on Anzac Day morning, Good Friday, Easter Sunday, and Christmas Day restricted: on-licences
48Sale on Anzac Day morning, Good Friday, Easter Sunday, and Christmas Day restricted: off-licences
49Remote sales exempted from trading hours restrictions
50One-way door restrictions in local alcohol policies to be complied with
51Non-alcoholic drinks to be available
52Low-alcohol drinks to be available
53Food to be available
54Help with and information about transport to be available
55Requirements relating to special licences for consumption off-premises
56Display of signs: on-licences, off-licences
57Display of licence: all licences
58Restriction on kinds of alcohol sold in supermarkets and grocery shops, and premises directly accessible from supermarket or grocery shop
59Requirements relating to remote sales by holders of off-licences
60Sale and supply in clubs to members and guests only
61Administrative requirements for club licences
62No bring-your-own alcohol in clubs
63Requirements and restrictions imposed as conditions
64Issue of licences, certificates, and authorities
65Secretary of authority to set up and maintain registers
66Record of applications
67Certified extracts to be evidence
68Licensees and managers to have address for service
69Notification of licensing authority by company of changes in company shareholding or name
70Notification of licensing authority by beneficial owner of shares of changes in shareholding
71Notification of Police
72Duplicate licence or certificate
73Surrender of licence or manager’s certificate
74Temporary licence during repairs, etc
75Territorial authorities may have local alcohol policies
76Territorial authorities may adopt joint local alcohol policy
77Contents of policies
78Territorial authorities must produce draft policy
79Territorial authority must produce provisional policy by consulting on draft policy using special consultative procedure
80Territorial authority wishing to adopt provisional policy must give public notice
81Right of appeal to licensing authority
82Appeals to be dealt with in public
83Consideration of appeals by licensing authority
84Actions territorial authority may take if asked to reconsider element of provisional policy
85Effect of High Court decisions on appeal by territorial authority
86Effect of resubmission of provisional policy to licensing authority
87When local alcohol policy adopted
88Territorial authority may discontinue development of local alcohol policy
89Disallowance of local alcohol policy
90When local alcohol policy is in force
91Licensing authority to be given copy of local alcohol policy
92Licensing authority to keep register of local alcohol policies
93Relationship of local alcohol policies and district plans
94Local alcohol policies to be consistent with general law
95Amendment of local alcohol policies
96Revocation of local alcohol policies
97Local alcohol policies to be reviewed every 6 years
98Licences to which subpart applies
99Applications to be made to licensing committee
100Form of application
101Notification requirements
102Objections to applications
103Police, Medical Officer of Health, and inspector must inquire into applications
104Who decides application for licence
105Criteria for issue of licences
106Considering effects of issue or renewal of licence on amenity and good order of locality
107Authority or committee may refuse licence even if application not opposed
108Licence may be refused if contrary to local alcohol policy
109Conditions may be imposed if required by local alcohol policy
110Particular conditions: on-licences and club licences
111Imposition of one-way door restrictions by condition
112Compulsory conditions relating to display and promotion of alcohol in single area in supermarkets and grocery stores
113Describing alcohol areas
114Effect of single-area conditions
115Application of single-area conditions can be delayed for some renewals
116Particular discretionary conditions, and other compulsory conditions: off-licences
117Other discretionary conditions
118Different conditions may apply to different parts of premises
119Restricted and supervised areas
120Variation of conditions
121Licence expires when new licence issued for same premises
122Expiry or renewal of licences
123Application of section 122
124Application for renewal lapses if licence expires
125Restriction on renewal of off-licences
126Renewal of licence held by auctioneer or caterer
127Application for renewal of licence
128Objections to renewal
129Police, Medical Officer of Health, and inspector must inquire into application
130Who decides application for renewal
131Criteria for renewal
132Imposition of conditions on renewal
133Renewal of licences where relevant local alcohol policy exists
134Licensing committee may decide certain application on papers
135Decision on renewal
136Temporary authorities: on-licences and off-licences
137Filing of applications
138Form of application
139Notification requirements
140Objections to applications
141Inquiry into applications by Police, inspector, and Medical Officer of Health
142Criteria for issue of special licences
143Additional requirements for large-scale events
144Licensing committee may refuse special licence of own motion
145Special licence may be refused if contrary to local alcohol policy
146Conditions may be imposed if required by local alcohol policy
147Particular discretionary conditions and compulsory conditions: special licences
148Different conditions may apply in certain cases
149Duration of special licences
150Display of special licences
151Medical Officer of Health may delegate functions
152Suspension of certain decisions (by licensing committee or licensing authority) to grant licence or manager’s certificate
153Effect of appeal against other decisions
154Who may appeal
155Procedure for commencing appeal
156Adjournment if notice of appeal not given
157Appeals by way of rehearing
158Determination of appeal
159Who may appeal to High Court
160Procedure for commencing appeal
161Appeals
162Appeal against decision of licensing authority on question of law
163Right to appear and be heard on appeals
164Orders relating to determination of appeals
165Appeal on additional question of law
166Extension of time
167No review until right of appeal exercised
168Further appeal to Court of Appeal
169Alcohol Regulatory and Licensing Authority
170Functions of licensing authority
171Powers of licensing authority
172Licensing authority may issue practice directions
173Licensing authority may give directions where licensing committee in doubt
174Licensing authority may refer matters for investigation
175Licensing authority may refer matters to licensing committees
176Licensing authority may give statements to licensing committees
177Meetings of licensing authority
178Annual report
179Membership of licensing authority
180Chairperson and deputy chairperson
181Term of office of members
182Resignation or removal from office
183Fees and allowances
184Officers of licensing authority
185Professional assistance
186Territorial authorities to appoint district licensing committees
187Functions of licensing committees
188Powers of licensing committees
189Composition of licensing committees
190Meetings of licensing committees
191Quorum
192Territorial authority to establish and maintain list of licensing committee’s members
193Appointment of commissioners
194Resignation or removal
195Fees and allowances for members
196Secretary of licensing committees
197Licensing inspectors
198Delegation of functions, duties, or powers of chief executives
199Annual report
200Application of Local Government Official Information and Meetings Act 1987
201Licensing authority and licensing committees have powers of commissions of inquiry
202Procedure
203Proceedings of licensing authority and licensing committees
204Right of certain persons to appear in proceedings
205Right of persons to appear in relation to appeal under section 81
206Right of persons to appear in relation to certain applications for variation, suspension, and cancellation
207Evidence in proceedings before licensing authority or licensing committee
208Licensing authority or licensing committee may waive certain omissions
209Licensing committee may state case for opinion of licensing authority
210Licensing authority may state case for opinion of High Court
211Decisions to be given in writing
212Appointment of managers: on-licences, off-licences, and club licences
213Appointment of manager: special licences
214Manager to be on duty at all times and responsible for compliance
215Circumstances where section 214 does not apply
216Managers to hold certificate
217Manager’s certificate
218Manager must hold prescribed qualification
219Applications for manager’s certificates
220Reports
221Who decides application for manager’s certificate
222Criteria for manager’s certificates
223Duration of manager’s certificates
224Application for renewal of manager’s certificates
225Reports and applications for renewals
226Who decides application for renewal of manager’s certificates
227Criteria for renewal
228Decision on application for renewal
229Temporary manager
230Acting manager
231Notice of appointment, etc, of manager, temporary manager, or acting manager
232Licensees to keep record of managers, acting managers, and temporary managers
233Sales by unlicensed persons
234Allowing unlicensed premises to be used for sale of alcohol
235Use of unlicensed premises as place of resort for consumption of alcohol
236People found on unlicensed premises kept as place of resort for consumption of alcohol
237Irresponsible promotion of alcohol
238Offences relating to banned and restricted alcohol products
239Sale or supply of alcohol to people under purchase age on or from licensed premises
240Exemptions in respect of licensed premises
241Supplying alcohol to minors
242Employment of minors
243Buying of alcohol by people under purchase age
244Minors in restricted areas or supervised areas
245Permitting minors to be in restricted areas or supervised areas
246Who is guardian
247Unauthorised sale or supply
248Sale or supply of alcohol to intoxicated people
249Allowing people to become intoxicated
250Manager intoxicated on duty
251Employee intoxicated on duty
252Allowing intoxication on licensed premises
253Allowing disorderly conduct on licensed premises
254Sales of spirit in vessel exceeding 500 ml
255Being on licensed premises outside licensing hours
256Allowing people on licensed premises outside licensing hours
257Offences relating to evidence of age documents
258Licensee’s offences in respect of manager
259Failure to comply with certain requirements and restrictions imposed by or under this Act
260Infringement offences
261Commission of infringement offences
262Infringement notices
263Payment of infringement fees
264Regulations
265Closure of premises by order
266Closure of licensed premises by Police
267Powers of entry on licensed premises
268Power to seize samples of alcohol
269Power of Police to demand information
270Constable may apply for search warrant
271Search and Surveillance Act 2012 to apply
272Matters of proof relating to status of premises
273Matters of proof relating to content of alcohol
274Evidence of sale or consumption of alcohol
275Liability of licensees for offences by managers
276Community Magistrates have jurisdiction in some cases
277Forfeiture
278Notice of prosecution or conviction of managers and licensees
279Building Act 2004
280Variation, suspension, or cancellation of licences other than special licences
281Suspension or cancellation of licences by licensing authority in respect of certain offences
282Hearing for suspension or cancellation under section 281
283Variation, suspension, or cancellation of special licences
284Hearing for variation, suspension, or cancellation of special licences under section 283
285Suspension or cancellation of manager’s certificates
286Suspension of licence for non-compliance with public health or fire precaution requirements
287Automatic suspension of licence for non-payment of annual fee
288Holdings giving rise to cancellation of licence and manager’s certificate
289Cancellation of licence after 3 holdings within 3 years
290Cancellation of manager’s certificate after 3 holdings within 3 years
291Procedure for applications for cancellation of licence
292Restrictions on person whose licence has been cancelled
293Restriction on person whose manager’s certificate has been cancelled
294Licensing authority may cancel manager’s certificate after making finding
295Duty to collaborate
296List of licensees and managers who hold licences or manager’s certificates
297Removal of entry relating to holding
298Purpose of list
299List to be made available to constables and inspectors only
300Licensing trust established by Order in Council
301When Minister must recommend establishment of licensing trust
302Licensing trust is body corporate
303Existing licensing trusts continue in existence
304Alteration of trust boundaries
305Functions of licensing trust
306Licensing trust liable to taxes
307How licensing trust may spend profits
308Election of members
309Qualification to be elected or appointed member
310First election of members
311Second and later elections
312Who is qualified to vote in election of members of licensing trust
313Conduct of election
314Electoral roll
315Governor-General may appoint members to make up required number
316Term of office
317Election of president of trust
318Vacancy in office of president
319Deputy president
320Minister may appoint deputy of member
321Remuneration
322Disqualification from election or appointment as member of licensing trust
323Disqualification from continuing to be member of licensing trust
324Offence of acting as member of licensing trust while disqualified
325Vacation of office by members
326Extraordinary vacancies
327District Court may issue removal summons
328District Court may remove member from office
329First meeting of trust
330Procedure at meetings
331Trusts may determine own procedure
332Financial year
333Accounting records
334Financial statements
335Annual meeting of electors
336Power to compromise with creditors
337Variation of establishment of licensing trust
338Creation, alteration, or abolition of wards takes effect at next triennial general election of members
339Alteration of number of members for ward takes effect at next triennial general election of members
340Amalgamation of licensing trusts
341Notice of amalgamation proposal
342Meeting to discuss amalgamation proposal
343Poll on amalgamation proposal
344Amalgamation by Order in Council
345Effect of Order in Council
346Voluntary administration and liquidation under Companies Act 1993
347Distribution of assets
348Application of sections 349 and 350
349Poll may be held on competition proposal
350Monopoly provisions continue to apply
351Resolution to convert licensing trust to community trust
352Public notice of resolution
353Electors may request meeting
354Meeting to discuss resolution
355Poll on resolution
356Electors may request poll on conversion at any time
357Establishment of community trust
358Order in Council vesting licensing trust’s undertaking in community trust
359Community trust is body corporate
360Existing community trust continues in existence
361Name of community trust
362Region of community trust
363Alteration of community trust boundaries
364Functions of community trust
365How community trust may spend profits
366Contents of trust deed
367Variation of trust deed
368Trust deed must be consistent with Act
369First trustees
370Election of trustees
371Who is qualified to vote in election of trustees of community trust
372Conduct of election of trustees
373Electoral roll for election of trustees
374Governor-General may appoint trustees to make up required number
375Trustees’ term of office
376Disqualification from election or appointment as trustee
377Disqualification from continuing to hold office as trustee
378Vacation of office by trustees
379Extraordinary vacancies
380Removal of trustee from office
381Financial year
382Accounting records
383Financial statements
384Annual meeting of electors
385Amalgamation of community trusts
386Notice of amalgamation proposal
387Meeting to discuss amalgamation proposal
388Poll on amalgamation proposal
389Amalgamation by Order in Council
390Effect of Order in Council
391Voluntary administration and liquidation under Companies Act 1993
392Distribution of assets
393Liability of community trust to taxes
394Application of Trustee Act 1956
395Application of Local Authorities (Members’ Interests) Act 1968
396Application of Local Government Official Information and Meetings Act 1987
397Regulations
398Regulations regulating sale of alcohol containing less than 15% ethanol (other than beer, mead, and wine)
399Consultation on regulations regulating sale of alcohol containing less than 15% ethanol (other than beer, mead, and wine)
400Regulations banning or restricting certain alcohol products
401Point-of-sale information regulations
402Content of fees regulations
403Consultation on proposed fees regulations
404Fees to be reviewed every 5 years
405Fee-setting by territorial authorities
406Disposal of certain applications made within 6 months after day of assent
407Disposal of applications made between 6 and 12 months after day of assent
408Certain otherwise ineligible applications may be granted for limited period
409Existing licences continue in force
410Transitional provision relating to BYO restaurants and managers
411Transitional provision for certain manager’s certificates
412Existing members of licensing authority continue in office
413Interpretation of documents constituting certain existing bodies corporate
414Permanent club charters unaffected
415Matters not completed by District Licensing Agencies
416Jurisdiction of Youth Court
417Consequential amendments
418Repeals
Reprint notes

The Parliament of New Zealand enacts as follows: