Sale and Supply of Alcohol (Display of Low-alcohol Beverages and Other Remedial Matters) Amendment Bill

Sale and Supply of Alcohol (Display of Low-alcohol Beverages and Other Remedial Matters) Amendment Bill

Government Bill

114—1

Explanatory note

General policy statement

The Sale and Supply of Alcohol Act 2012 (the Act) was introduced to reform alcohol laws in New Zealand. Since 2013, certain minor and technical issues have emerged that require correction. These corrections are:

  • permitting low and non-alcoholic beer, wine, and mead to be displayed for sale in the “single-area ” of supermarkets; and

  • clarifying that any company can hold a licence under the Act.

This Bill provides for the mechanisms to make these changes to the Act. The Bill does not affect the original policy intent or amend any substantive issues.

Departmental disclosure statement

The Ministry of Justice is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 provides that the Act comes into force on the day after the date on which it receives the Royal assent.

Clause 3 provides that the Act amends the Sale and Supply of Alcohol Act 2012 (the principal Act).

Clause 4 amends section 28 of the principal Act. The purpose of the amendment is to clarify that a company within the meaning of the Companies Act 1993 can hold an on-licence, off-licence, or special licence. The proviso is that a company must not be prevented from doing so by a restriction in its constitution (if any) from selling alcohol or holding a licence under the principal Act.

Clause 5 amends section 114 of the principal Act to allow for the display or promotion of, or the advertisement for, low-alcohol or non-alcoholic beer, wine, or mead within an alcohol area. Low-alcohol or non-alcoholic beer, wine, or mead is defined in new section 114(5)(d). It is a product that is specified in section 58(1)(a) to (d) but that is not alcohol as defined in section 5(1).

Hon Amy Adams

Sale and Supply of Alcohol (Display of Low-alcohol Beverages and Other Remedial Matters) Amendment Bill

Government Bill

114—1

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Sale and Supply of Alcohol (Display of Low-alcohol Beverages and Other Remedial Matters) Amendment Act 2015.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act

This Act amends the Sale and Supply of Alcohol Act 2012 (the principal Act).

4 Section 28 amended (Who can hold on-licences, off-licences, and special licences)

(1)

After section 28(1)(b), insert:

(ba)

any company within the meaning of the Companies Act 1993 that is not prevented by a restriction in its constitution (if any) from selling alcohol or from holding a licence (or a licence of the kind or kinds concerned); or

(2)

In section 28(1)(f), after “body corporate,”, insert “company,”.

5 Section 114 amended (Effect of single-area conditions)

(1)

After section 114(4), insert:

(4A)

The effect of a single-area condition set out in subsections (1) to (4) does not apply in relation to the display or promotion of, or the advertisement for, low-alcohol or non-alcoholic beer, wine, or mead.

(2)

In section 114(5)(c), replace “section 113(3)(b).” with “section 113(3)(b); and”.

(3)

After section 114(5)(c), insert:

(d)

low-alcohol or non-alcoholic beer, wine, or mead means a product that is specified in section 58(1)(a) to (d) but that is not alcohol.