Sale and Supply of Alcohol Amendment Regulations 2014

2014/359

Coat of Arms of New Zealand

Sale and Supply of Alcohol Amendment Regulations 2014

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 1st day of December 2014

Present:
The Right Hon John Key presiding in Council

Pursuant to section 397(1)(f) of the Sale and Supply of Alcohol Act 2012, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council (given on the recommendation of the Minister of Justice), makes the following regulations.

Regulations

1 Title
  • These regulations are the Sale and Supply of Alcohol Amendment Regulations 2014.

2 Commencement
  • These regulations come into force on 8 January 2015.

3 Principal regulations
4 Regulation 23 replaced (Prescribed qualifications)
  • Replace regulation 23 with:

    23 Prescribed qualifications
    • (1) A qualification is a prescribed qualification for the purposes of section 218 of the Act if—

      • (a) it relates to the management of licensed premises; and

      • (b) it was issued, in respect of an industry that involves the sale and supply of alcohol on licensed premises, by an industry training organisation recognised under the Industry Training and Apprenticeships Act 1992; and

      • (c) before awarding it to any person, the organisation was satisfied that the person had successfully completed the following 2 New Zealand Qualifications Authority unit standards:

        • (i) version 8 (or any later version) of unit standard 4646 (which requires a person to demonstrate knowledge of the Act); and

        • (ii) version 5 (or any later version) of unit standard 16705 (which requires a person to demonstrate knowledge of host responsibility requirements as a manager).

      (2) Until 1 January 2016, a qualification is also a prescribed qualification for the purposes of section 218 of the Act if—

      • (a) it relates to the management of licensed premises; and

      • (b) it was issued, in respect of an industry that involves the sale and supply of alcohol on licensed premises, by an industry training organisation recognised under the Industry Training and Apprenticeships Act 1992; and

      • (c) it is intended by the organisation to provide bridging training to enable the holders of manager’s certificates under the Sale of Liquor Act 1989, and people with qualifications based on that Act, to qualify for manager’s certificates under the Act (and is known as the Licence Controller Qualification Bridging Test, or has some similar name); and

      • (d) before awarding it to any person, the organisation was satisfied that the person—

        • (i) held a Licence Controller Qualification awarded under regulation 21AAC(2) of the Sale of Liquor Regulations 1990; or

        • (ii) had successfully completed the following 2 New Zealand Qualifications Authority unit standards:

          • (A) version 7 (or any earlier version) of unit standard 4646 (which required a person to demonstrate knowledge of the Sale of Liquor Act 1989); and

          • (B) version 4 (or any earlier version) of unit standard 16705 (which required a person to demonstrate knowledge of host responsibility requirements as a manager).

      (3) Every reference in subclause (1) to a numbered unit standard includes a reference to a unit standard that has been developed in substitution for it.

Michael Webster,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 8 January 2015, amend the Sale and Supply of Alcohol Regulations 2013 (the principal regulations) by replacing regulation 23 of the principal regulations. The purpose of these regulations is to clarify what are the prescribed qualifications that a person must have in order to qualify for a manager’s certificate under the Sale and Supply of Alcohol Act 2012 (the new Act). A prescribed qualification is a qualification relating to the management of licensed premises, awarded by a recognised industry training organisation to a person who has successfully completed a version of the 2 relevant New Zealand Qualifications Authority unit standards that is based on the new Act. For a transitional period ending on 1 January 2016, a person qualifies for a manager’s certificate if the person has successfully completed a bridging course based on the new Act and either the person holds a Licence Controller Qualification awarded under regulation 21AAC of the (now revoked) Sale of Liquor Regulations 1990 or has successfully completed a now superseded version of the 2 relevant New Zealand Qualifications Authority unit standards based on the (now repealed) Sale of Liquor Act 1989.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 4 December 2014.

These regulations are administered by the Ministry of Justice.