(1) The forms set out in Schedule 1 are the forms to be used in respect of the several matters to which those forms relate.

(2) Such variations may be made in any form as the circumstances of any particular case may require.

(1) Where any person is required to give public notice of the making of an application under the Act or these regulations, the notice shall be in form 1.

(2) As soon as possible after the second publication of the notice, and before the hearing or determination of the application, the applicant must deliver a copy of each public notice and details of the dates and newspapers in which the notice was published for the first and second time to the Secretary of the District Licensing Agency or (as the case may require) to the Secretary of the Licensing Authority.

(1) The notice required by section 9(5), 16(2A), 18(4), 31(4), 39(2A), 41(4), 55(4), 62(2A), 64(4), or 76(4) of the Act must be in form 1A.

(2) The notice must be printed on paper that is at least of International size A4 and the print must be legible and prominent.

(1) An application for an on-licence in respect of any premises shall be in form 2.

(2) An application for an on-licence in respect of any conveyance shall be in form 3.

(3) Every application for an on-licence shall be accompanied by the following:

• (a) Three copies of the application:

• (b) (Where the applicant is incorporated) A copy of the certificate of incorporation or other documentary evidence of its incorporation:

• (c) (Where the applicant is a company) A copy of the memorandum of association, or other documentary evidence of its authority to sell liquor or to hold a licence under the Act

• (d) (where the applicant is a board, organisation, or body to which section 8(1)(bb) of the Act applies) a reference to the Act under which the applicant is authorised to sell liquor or hold an on-licence under the Act:

• (e) (Where the applicant is a manager acting for any person pursuant to a property order made under the Protection of Personal and Property Rights Act 1988) A copy of the property order:

• (ea) (where the application is made in respect of any conveyance that is a ship, ferry, hovercraft, or aircraft) a current Safe Ship Management Certificate (if a ship, ferry, or hovercraft) or a current certificate of airworthiness (if an aircraft):

• (f) A photograph of the exterior of the premises or an artist's impression of the exterior of the proposed premises as they will look when they are finished:

• (g) A map, or a copy of a map or of a portion of a map, showing the location of the premises:

• (h) A scale plan showing—

  • (i) Those parts of the premises that are to be used for the sale or supply of liquor; and

  • (ii) Those parts of the premises (if any) that the applicant intends should be designated as restricted areas or as supervised areas:

  • (iii) Each entrance to the premises that the applicant intends should be designated as a principal entrance:

• (i) (Where the applicant is not the owner of the premises) A written statement from the owner to the effect that the owner has no objection to the grant of the licence:

• (j) A certificate by the local authority that the proposed use of the premises meets town planning requirements:

• (ja) a menu or other indication of the standard and style of food to be provided or proposed to be provided:

• (k) The prescribed fee.

(1) An on-licence in respect of any premises shall be in form 4.

(2) An on-licence in respect of any conveyance shall be in form 5.

(3) The Licensing Authority or District Licensing Agency, as the case may be, may direct that any on-licence shall have attached to it a scale plan of the premises showing—

• (a) The part or parts of the premises in which liquor may be sold or supplied or consumed; and

• (b) The part or parts of the premises designated as restricted areas or as supervised areas; and

• (c) Each entrance to the premises designated as a principal entrance.

(4) No such scale plan shall be deemed to be part of the licence for the purposes of section 25(2) of the Act.

(5) Where a scale plan is attached to the licence, the licensee shall produce it for inspection whenever required to do so by a member of the Police or an inspector.

(1) On granting an application for an on-licence in respect of any premises, the Licensing Authority or District Licensing Agency shall determine whether to authorise the sale or supply or consumption of liquor in the premises generally or only in any specified part or parts of the premises.

(2) Where the Licensing Authority or District Licensing Agency determines to authorise the sale or supply or consumption of liquor only in any specified part or parts of the premises, each such part shall be adequately defined on the face of the licence, or in a scale plan attached to the licence.

(3) If, in any case to which subclause (2) of this regulation applies, the licensee subsequently wishes to sell or supply or allow the consumption of liquor in any greater area, or in any other part, of the premises, the licensee shall apply to the Licensing Authority or District Licensing Agency for authority to do so, and shall attach to the application a scale plan showing the proposed changes.

(4) The Licensing Authority or District Licensing Agency may either grant the application or require the applicant to make an application under section 16 of the Act for the variation of the relevant condition.

(1) An application for an off-licence shall be in form 6.

(2) Every application for a off-licence shall be accompanied by the following:

• (a) Three copies of the application:

• (b) (Where the applicant is incorporated) A copy of the certificate of incorporation or other documentary evidence of its incorporation:

• (c) (Where the applicant is a company) A copy of the memorandum of association or other documentary evidence of its authority to sell liquor or to hold a licence under the Act

• (d) (where the applicant is a board, organisation, or body to which section 30(1)(bb) of the Act applies) a reference to the Act under which the applicant is authorised to sell liquor or hold an off-licence under the Act:

• (e) (Where the applicant is a manager acting for any person pursuant to a property order made under the Protection of Personal and Property Rights Act 1988) A copy of the property order:

• (f) (Where the applicant is a club) Evidence that the club—

  • (i) Held a charter under section 164 of the Sale of Liquor Act 1962 immediately before the 1st day of April 1990; or

  • (ii) Holds a club licence under the Sale of Liquor Act 1989,—

  and is not a sports club:

• (g) (Where the application relates to a hotel or tavern) A reference to the number of the on-licence held by the applicant in respect of the hotel or tavern:

• (h) (Where the application relates to premises in which the principal business is the manufacture or sale of liquor) Particulars of the principal business conducted on the premises, and (where that principal business is wine making) the number of the licence held under the Wine Makers Act 1981:

• (i) (Where the application relates to a supermarket) Particulars of the floor area of the supermarket, including any separate departments set aside for such foodstuffs as fresh meat, fresh fruit and vegetables, and delicatessen items:

• (j) (where the application relates to a grocery store) particulars of the principal business of the store, including evidence and certified accounts showing the percentage of turnover that is derived from the sale of main order household foodstuffs:

• (k) (Where the application is made in reliance on section 36(2)(a) of the Act) Evidence to show that the sale of liquor in premises of a kind described in paragraph (c) or paragraph (d) of section 36(1) of the Act would not be economic:

• (l) (Where the application is made in reliance on section 36(2)(b) of the Act) Particulars of the kind of goods sold in the premises to which it is claimed the sale of liquor would be complementary:

• (m) (Where the application is made by the holder of an auctioneer's licence) The number of the licence held under the Auctioneers' Act 1928:

• (ma) (where the application relates to the business of a caterer) evidence to show that the applicant is or will be conducting the business of a caterer, including the frequency and types of functions that are or are proposed to be catered for:

• (n) A photograph of the exterior of the premises or an artist's impression of the exterior of the proposed premises as they will look when they are finished:

• (o) A map, or a copy of a map or of a portion of a map, showing the location of the premises:

• (p) A scale plan showing—

  • (i) Those parts of the premises that are to be used for the sale or supply of liquor; and

  • (ii) Those parts of the premises (if any) that the applicant intends should be designated as restricted areas or as supervised areas; and

  • (iii) (Except where the applicant is a club) Each entrance to the premises that the applicant intends should be designated as a principal entrance:

• (q) (Where the applicant is not the owner of the premises) A written statement from the owner to the effect that the owner has no objection to the grant of the licence:

• (r) A certificate by the local authority that the proposed use of the premises meets town planning requirements:

• (s) The prescribed fee.

(1) An off-licence shall be in form 7.

(2) The Licensing Authority or District Licensing Agency, as the case may be, may direct that any off-licence shall have attached to it a scale plan of the premises showing—

• (a) The part or parts of the premises in or from which liquor may be sold or delivered; and

• (b) The part or parts of the premises designated as restricted areas or as supervised areas; and

• (c) (Except where the licensee is a club) Each entrance to the premises designated as a principal entrance.

(3) No such scale plan shall be deemed to be part of the licence for the purposes of section 48(2) or section 48(3) of the Act.

(4) Where a scale plan is attached to the licence, the licensee shall produce it for inspection whenever required to do so by a member of the Police or an inspector.

(1) On granting an application for an off-licence in respect of any premises, the Licensing Authority or District Licensing Agency shall determine whether to authorise the sale or delivery of liquor in or from the premises generally or only in or from any specified part or parts of the premises.

(2) Where the Licensing Authority or District Licensing Agency determines to authorise the sale or delivery of liquor only in or from any specified part or parts of the premises, each such part shall be adequately defined on the face of the licence, or in a scale plan attached to the licence.

(3) If, in any case to which subclause (2) of this regulation applies, the licensee subsequently wishes to sell or deliver liquor in or from any greater area, or in or from any other part of the premises, the licensee shall apply to the Licensing Authority or District Licensing Agency for authority to do so, and shall attach to the application a scale plan showing the proposed changes.

(4) The Licensing Authority or District Licensing Agency may either grant the application or require the applicant to make an application under section 39 of the Act for the variation of the relevant condition.

(1) An application for a club licence shall be in form 8.

(2) Every application for a club licence shall be accompanied by the following:

• (a) Three copies of the application:

• (b) (Where the club is incorporated) A copy of the certificate of incorporation or other documentary evidence of its incorporation:

• (c) (Where the club held a charter under the Sale of Liquor Act 1962) Identifying particulars of the club's charter:

• (d) A copy of the club's constitution or rules:

• (e) A photograph of the exterior of the premises or an artist's impression of the exterior of the proposed premises as they will look when they are finished:

• (f) A map, or a copy of a map or of a portion of a map, showing the location of the premises:

• (g) A plan showing—

  • (i) Those parts of the premises that are to be used for the sale or supply of liquor; and

  • (ii) Those parts of the premises (if any) that the club intends should be designated as restricted areas or as supervised areas:

• (h) (Where the club is not the owner of the premises) A written statement from the owner to the effect that the owner has no objection to the grant of the licence:

• (i) A certificate by the local authority that the proposed use of the premises meets town planning requirements:

• (ia) a schedule of the club's activities that includes the days and hours during which the premises are used for those activities.

• (j) The prescribed fee.

(1) A club licence shall be in form 9.

(2) The Licensing Authority or District Licensing Agency, as the case may be, may direct that any club licence shall have attached to it a scale plan of the premises showing—

• (a) The part or parts of the premises in which liquor may be sold or supplied or consumed; and

• (b) The part or parts of the premises designated as restricted areas or as supervised areas.

(3) No such scale plan shall be deemed to be part of the licence for the purposes of section 70 of the Act.

(4) Where a scale plan is attached to the licence, the club shall produce it for inspection whenever required to do so by a member of the Police or an inspector.

(1) On granting an application for a club licence in respect of any premises, the Licensing Authority or District Licensing Agency shall determine whether to authorise the sale of liquor in the premises generally or only in any specified part or parts of the premises.

(2) Where the Licensing Authority or District Licensing Agency determines to authorise the sale of liquor only in any specified part or parts of the premises, each such part shall be adequately defined on the face of the licence, or in a scale plan attached to the licence.

(3) If, in any case to which subclause (2) of this regulation applies, the club subsequently wishes to sell or deliver liquor in or from any greater area, or in or from any other part, of the premises, the club shall apply to the Licensing Authority or District Licensing Agency for authority to do so, and shall attach to the application a scale plan showing the proposed changes.

(4) The Licensing Authority or District Licensing Agency may either grant the application or require the applicant to make an application under section 62 of the Act for the variation of the relevant condition.

(1) An application for a special licence in respect of any premises shall be in form 10.

(2) An application for a special licence in respect of any conveyance shall be in form 11.

(3) Every application for a special licence shall be accompanied by the following:

• (a) Three copies of the application:

• (b) (where the applicant is a board, organisation, or body to which section 75(bb) of the Act applies) a reference to the Act under which the applicant is authorised to sell liquor or hold an on-licence under the Act:

• (c) (Where the applicant is a manager acting for any person pursuant to a property order made under the Protection of Personal and Property Rights Act 1988) A copy of the property order:

• (d) (Where the applicant is a club and holds a club licence under the Act) The number of the club licence:

• (e) (Where the applicant is a club but does not hold a club licence under the Act) Such of the following particulars as the District Licensing Agency may require:

  • (i) (Where the club is incorporated) A copy of the certificate of incorporation or other documentary evidence of its incorporation; and

  • (ii) (Where the club held a charter under the Sale of Liquor Act 1962) Identifying particulars of the club's charter; and

  • (iii) A copy of the club's constitution or rules:

• (f) (Where the application is made for a licence under section 74 of the Act) Identifying particulars of the on-licence or club licence held by the applicant:

• (g) A plan showing—

  • (i) Those parts of the premises that are to be used for the sale or supply of liquor; and

  • (ii) Those parts of the premises (if any) that the applicant intends should be designated as restricted areas or as supervised areas:

• (h) (Where the applicant is not the owner of the premises) A written statement from the owner to the effect that the owner has no objection to the grant of the licence:

• (i) The prescribed fee.

(1) A special licence in respect of any premises shall be in form 12.

(2) A special licence in respect of any conveyance shall be in form 13.

(3) The District Licensing Agency may direct that any special licence shall have attached to it a scale plan of the premises showing—

• (a) The part or parts of the premises in which liquor may be sold; and

• (b) The part or parts of the premises designated as restricted areas or as supervised areas.

(4) No such scale plan shall be deemed to be part of the licence for the purposes of section 83 of the Act.

(5) Where a scale plan is attached to the licence, the licensee shall produce it for inspection whenever required to do so by a member of the Police or an inspector.

(1) On granting an application for a special licence in respect of any premises, the District Licensing Agency shall determine whether to authorise the sale of liquor in the premises generally or only in any specified part or parts of the premises.

(2) Where the District Licensing Agency determines to authorise the sale of liquor only in any specified part or parts of the premises, each such part shall be adequately defined on the face of the licence, or in a scale plan attached to the licence.

(1) An application by the holder of an on-licence or an off-licence or a club licence for the variation or cancellation of any condition of the licence under section 16 or section 39 or section 62 of the Act shall be in form 14.

(2) Every such application shall be filed with the District Licensing Agency, and shall be accompanied by the following:

• (a) Three copies of the application:

• (b) The prescribed fee.

(1) An application by the holder of an on-licence or an off-licence or a club licence for the renewal of the licence shall be in form 15.

(2) Every such application shall be accompanied by the following:

• (a) Three copies of the application:

• (b) The prescribed fee.

(1) An application for authority to carry on, for a period not exceeding 3 months,—

• (a) The sale and supply of liquor on any premises or conveyance in respect of which an on-licence is in force; or

• (b) The sale and delivery of liquor on or from any premises in respect of which an off-licence is in force,—

shall be made in form 17.

(2) Every such application shall be accompanied by the following:

• (a) Three copies of the application:

• (b) The prescribed fee.

(1) An application for a manager's certificate shall be in form 18.

(2) Every application for a manager's certificate shall be accompanied by the following:

• (a) One copy of the application:

• (b) (where the applicant claims previous experience in managing licensed premises) evidence in duplicate of previous experience, in particular recent experience:

• (c) (where the applicant claims relevant training or qualifications) evidence in duplicate of relevant training, in particular recent training, and evidence of relevant qualifications:

• (d) (Where the applicant intends to be the manager of a particular club) Evidence in duplicate of the applicant's involvement in the management and activities of the club:

• (e) The prescribed fee.

(1) An application for the renewal of a manager's certificate shall be in form 20.

(2) Every application for the renewal of a manager's certificate shall be accompanied by the following:

• (a) Three copies of the application:

• (b) The prescribed fee.

The Licence Controller Qualification issued by the Hospitality Standards Institute (the Institute) is a qualification for the purposes of section 117A of the Act.

(1) Before awarding the Licence Controller Qualification to a person, the Institute must be satisfied that the person has successfully completed the 2 New Zealand Qualifications Authority unit standards described in subclause (2).

(2) The 2 unit standards are—

• (a) unit standard 4646, which requires the person to demonstrate knowledge of the Act; and

• (b) unit standard 16705, which requires the person to demonstrate knowledge of host responsibility requirements as a general manager.

(1) This regulation applies to persons who, at the commencement of this regulation, held a valid general manager's certificate.

(2) Despite regulation 21AAB(1), the Institute may award the Licence Controller Qualification to a person to whom this regulation applies if the Institute is satisfied that the person has successfully completed the Institute's transition test, including obtaining 100% in the section of that test that relates to the Act.

(3) If a person takes the Institute's transition test and does not obtain 100% in the section of that test that relates to the Act, the Institute must not award the Licence Controller Qualification to that person until he or she has, at the Institute's discretion, either—

• (a) retaken part of the section of that test that relates to the Act and obtained 100%; or

• (b) retaken all of the section of that test that relates to the Act and obtained 100%; or

• (c) successfully completed the 2 unit standards described in regulation 21AAB(2).

(4) This regulation expires on the close of 31 March 2008.

A person (the applicant) applying to an issuer for an evidence of age document must be 18 years of age or older, and must—

• (a) Produce a statutory declaration made by the applicant that includes the information specified in regulation 21B; and

• (b) Produce 1 of the forms of evidence of identification specified in regulation 21C; and

• (c) If the applicant produces 1 of the forms of evidence of identification specified in regulation 21C(d), (f), (g), (i), or (j), produce a statement as to identification that complies with regulation 21D; and

• (d) Produce 1 of the forms of evidence of address specified in regulation 21E; and

• (e) Produce, or permit the issuer to take, 2 photographs of the applicant that comply with regulation 21F.

The statutory declaration must include the following information:

• (a) The applicant's full name:

• (b) The applicant's residential and postal addresses:

• (c) The applicant's date of birth:

• (d) The applicant's place of birth:

• (e) The applicant's gender.

The forms of evidence of identification are any of the following that have been issued to the applicant:

• (a) A New Zealand passport that is current or has expired within the 2 years immediately preceding the date of the application:

• (b) A New Zealand driver licence that is current or has expired within the 2 years immediately preceding the date of the application:

• (c) An overseas passport that is current or has expired within the 2 years immediately preceding the date of the application:

• (d) Any of the following certificates issued under the Citizenship Act 1977:

  • (i) A certificate of New Zealand citizenship:

  • (ii) A certificate confirming New Zealand citizenship:

  • (iii) A certificate confirming registration of citizenship by descent:

• (e) A certificate of identity, issued under the Passports Act 1992, that is current or has expired within the 2 years immediately preceding the date of the application:

• (f) A certificate of identity, as defined in section 2(1) of the Immigration Act 1987, that is current or has expired within the 2 years immediately preceding the date of the application:

• (g) A confirmation of residence permit issued by or on behalf of the New Zealand Government:

• (h) A refugee travel document, issued by or on behalf of the New Zealand Government, that is current or has expired within the 2 years immediately preceding the date of the application:

• (i) A full birth certificate issued in New Zealand, the Cook Islands, Niue, or Tokelau:

• (j) A birth certificate issued in a country (other than New Zealand, the Cook Islands, Niue, or Tokelau) containing information equivalent to that contained in a full New Zealand birth certificate.

A statement as to identification complies with this regulation if the statement—

• (a) Contains the full name, address, and occupation of—

  • (i) The person making the statement (the person); and

  • (ii) The applicant; and

• (b) States that the person—

  • (i) Is 20 years of age or older, as the case may be; and

  • (ii) Holds a current New Zealand passport or a current New Zealand driver licence or a current overseas passport, and provides sufficient information (including the number) to identify the passport or licence; and

  • (iii) Is not a relative, spouse, civil union partner, or de facto partner of the applicant; and

  • (iv) Does not live at the same address as the applicant; and

• (c) States that the person has known the applicant for not less than 1 year; and

• (d) States that the person believes that the applicant is 18 years of age or older, as the case may be; and

• (e) Has attached to it a photograph of the applicant that—

  • (i) Complies with regulation 21F; and

  • (ii) Has, on the back of it, a certificate by the person that the photograph is a true likeness of the applicant.

The forms of evidence of address are as follows:

• (a) An account statement, issued to the applicant in the 12 months immediately preceding the date of the application, from a bank, building society, credit union, or credit card issuer:

• (b) A telephone, gas, or electricity account issued to the applicant in the 6 months immediately preceding the date of the application:

• (c) A form of identification issued in the 12 months immediately preceding the date of the application that includes the name and address of the applicant and that is acceptable to the issuer as evidence of the applicant's address.

The photographs of the applicant comply with this regulation if they show the applicant without wearing any item (such as sunglasses, a hat, or head coverings) that obscures the applicant's face or prevents the photographs from being a good likeness of the applicant, unless—

• (a) The applicant is required to wear the item for religious or medical reasons; and

• (b) The applicant signs and supplies to the issuer a statement to that effect.

(1) Where, on an appeal under section 137 of the Act, the Licensing Authority is not satisfied that a copy of the notice of appeal has been given to each of the other parties to the proceedings before the District Licensing Agency, the Licensing Authority may adjourn the proceedings and give such directions for the service of copies of the notice as it thinks fit.

(2) Every person on whom a copy of the notice of appeal is duly served shall be entitled to attend as a party to the proceedings before the Licensing Authority.

The following particulars shall be recorded in the register set up by the Secretary of the Licensing Authority under section 220 of the Act:

• (a) where the application is to be determined by the Licensing Authority, the date on which a complete file relating to an application under the Act is received from a District Licensing Agency:

• (aa) where the application has been determined by a District Licensing Agency, the date on which the particulars required by section 221(4) of the Act are received from the District Licensing Agency:

• (b) The name and address of the applicant:

• (c) The nature of the application:

• (d) The premises or conveyance in respect of which the application is made:

• (e) The date on which the application is heard or determined:

• (f) The manner in which the application is disposed of.

• (g) a copy of the licence or certificate, or renewal of licence or certificate, as the case may be.

The following particulars relating to special licences shall be recorded in the register set up by the Secretary of each District Licensing Agency under section 221(2) of the Act:

• (a) The name and address of the applicant:

• (b) The date on which the application is received:

• (c) The particular occasion or event, or series of occasions or events, or the particular kind or kinds of social gatherings, for which the licence is sought:

• (d) The premises or conveyance for which the licence is sought:

• (e) The date on which the application is heard or determined:

• (f) The manner in which the application is disposed of.

The Licensing Authority may, in respect of any application or matter before it, obtain a report from the Police or from any District Licensing Agency, inspector, Medical Officer of Health, or Chief Fire Officer, or from any other person authorised in any particular case to furnish a report.

Every notice of objection filed with the Secretary of the Licensing Authority or the Secretary of a District Licensing Agency pursuant to the Act or these regulations shall set forth the grounds of the objection.

(1) Subject to the provisions of the Act and of these regulations, any notice, summons, or other document required by the Act or these regulations to be served on or given or sent to any person may be served by delivering it to that person or by leaving it at his or her usual or last known place of residence or business, or by posting it by registered letter addressed to the person at his or her address for service under section 223 of the Act or, if there is no such address for service, at his or her usual or last known place of residence or business. If so posted, it shall be deemed to have been served at the time when the registered letter would in the ordinary course of post be delivered.

(2) If the person is absent from New Zealand, the notice, summons, or other document may be served in a manner referred to in subclause (1) of this regulation on his or her agent in New Zealand. If the person is deceased, it may be served in any such manner on his or her personal representative.

(3) If the person or his or her place of residence or business is not known, or if the person is absent from New Zealand and has no known agent in New Zealand, or is deceased and has no personal representative, the notice, summons, or other document may be served in such manner as may be directed by the Chairperson of the Licensing Authority or (as the case may require) the Chairperson of the District Licensing Agency.

(4) Notwithstanding anything in this regulation, the Chairperson of the Licensing Authority or (as the case may require) the Chairperson of the District Licensing Agency may in any case direct the manner in which any notice, summons, or other document is to be served, or direct that service be dispensed with.

(1) Fees of the following amounts are payable to the appropriate District Licensing Agency in respect of the following applications:

(2) Out of each fee payable under paragraph (a) or paragraph (d) or paragraph (f) of subclause (1), the District Licensing Agency must pay to the Licensing Authority $124.

(3) Out of each fee payable under paragraph (b) or paragraph (e) or paragraph (h) of subclause (1), the District Licensing Agency must pay to the Licensing Authority $21.

Fees of the following amounts are payable to the Licensing Authority in respect of the following matters:

The fees fixed by these regulations are inclusive of goods and services tax under the Goods and Services Tax Act 1985.

The maximum remuneration payable immediately before the commencement of this Act to the chairman of any licensing trust under section 8(1) of the Licensing Trusts Act 1949 or section 9(1) of the Invercargill Licensing Trust Act 1950 or section 9(1) of the Masterton Licensing Trust Act 1947 shall be deemed to be the maximum fixed under section 199 of the Act in respect of the remuneration payable to the president of that Trust, but without limiting the power of the Minister to fix a different maximum in any case in accordance with section 199 of the Act.

A licensing trust may pay to each of its members, other than the president, in respect of each meeting of the trust or of any committee of the trust attended by that member, remuneration at a rate fixed by the trust not exceeding $240, but no more than $12,500 in total in any financial year.

A written request to the Minister under section 185(2) of the Act to constitute a licensing trust in respect of any area shall be in form 26, and shall include a description of the area that is proposed as the trust district.

(1) Where the Minister receives a written request to constitute a licensing trust, the Minister may, by notice in writing, require the Licensing Authority to appoint a scrutineer to peruse the request and to advise the Minister on it.

(2) In particular, the scrutineer shall—

• (a) Scrutinise the names, addresses, and occupations of the signatories to the request to ensure that they include at least 15 percent of the residents of the area, being persons qualified to vote in local authority elections; and

• (b) Check the description of the proposed trust district to ensure that no part of it is included in the district of any other licensing trust.

Where a licensing trust gives public notice under subsection (2) of section 211 of the Act of a proposal to amalgamate with any other licensing trust, the notice shall include a statement of the right of the electors of the trust under subsection (4) of that section to require a poll of electors to be held on the amalgamation proposal.

Where written notice is to be given to a licensing trust requiring the holding of a poll on an amalgamation proposal under section 211(4) of the Act, or on a competition proposal under section 215(3)(b) of the Act, or on a proposal to reconstitute a licensing trust as a community trust under section 219E(2) or section 219F(2) of the Act, the notice shall be given in form 27.

(1) Where a licensing trust receives a written request for the holding of a poll on an amalgamation proposal under section 211(4) of the Act, or on a competition proposal under section 215(3)(b) of the Act, or on a proposal to reconstitute a licensing trust as a community trust undersection 219E(2) or section 219F(2) of the Act, the licensing trust shall, by notice in writing, require the Licensing Authority to appoint a scrutineer to peruse the request and to advise the licensing trust on it.

(2) In particular, the scrutineer shall scrutinise the names, addresses, and occupations of the signatories to the request to ensure that they include at least 15 percent of the electors of the trust.

(1) The Licensing Authority must direct that a poll be held where—

• (a) a scrutineer appointed under regulation 38 has informed the Licensing Authority that at least 15% of the electors of the licensing trust have requested that a poll be held on an amalgamation proposal under section 211 of the Act, or on a competition proposal under section 215 of the Act, or on a proposal to reconstitute a licensing trust as a community trust under section 219E(2) or section 219F(2) of the Act; or

• (b) a licensing trust has informed the Licensing Authority that it has resolved that a poll be held on any competition proposal under section 215 of the Act, or reconstitution proposal under section 219E(2) or section 219F(2) of the Act.

(2) By the same or any further direction, the Licensing Authority may also—

• (a) Fix a date for the taking of the poll; and

• (b) Fix a date for the closing of the rolls of electors; and

• (c) Appoint an electoral officer to conduct the poll; and

• (d) Give such directions as may be necessary in relation to the form of notices to be given by the electoral officer in respect of the poll; and

• (e) Determine the form of the ballot paper; and

• (f) Authorise or direct the doing of any other thing necessary or expedient for the taking of the poll.

(3) The Licensing Authority may direct that the rolls of electors of the appropriate electoral districts (including Maori electoral districts) for the time being in force, or the rolls of electors of the districts or portions of the districts of any local authorities for the time being in force, shall be suitably marked to indicate the persons entitled to vote and used as the rolls of electors for the purposes of the poll and for the purpose of ensuring that electors residing, on the date fixed for the closing of the rolls, in the area in which the poll is to be taken are entitled to vote, may direct that the electoral officer shall prepare a supplementary roll.

(4) Every poll under this section shall be a poll of the persons who are residing, on the date fixed for the closing of the rolls, in the area and who are qualified as electors of any local authority having jurisdiction in that area.

(5) Subject to any directions given by the Licensing Authority, the provisions of the Local Electoral Act 2001, so far as they are applicable and with any necessary modifications, shall apply to the poll.

All costs and expenses of or incidental to the holding of any poll held under section 211 or section 215 or section 219E or section 219F of the Act shall be borne by the trust or trusts concerned.

The provisions of regulation 39(2) of these regulations, except paragraph (a), shall apply with any necessary modifications to any poll held under section 249(3)(a) or section 250(3)(a) or section 251(3)(a) or section 252(3)(a) or section 253(3)(a) of the Act.

Regulations 37 to 40 apply, with any necessary modifications, to any poll held under section 219Z(5) of the Act.

The regulations and orders specified in Schedule 2 to these regulations are hereby revoked.