Supplementary Order Paper No 109

No 109

House of Representatives

Supplementary Order Paper

Tuesday, 21 August 2012

Alcohol Reform Bill


Proposed amendments

Charles Chauvel, in Committee, to move the following amendments:

Clause 45:

Delete clause 45 (lines 1 to 21 on page 52).

Clause 46:

In the heading to clause 46, replace for premises with (line 22 on page 52) with contained in.

In clause 46(1)(a), replace there is in force a local alcohol policy containing (lines 27 and 28 on page 52) with the local alcohol policy contains.

In clause 46(2)(a), replace there is in force a local alcohol policy containing (lines 36 and 37 on page 52) with the local alcohol policy contains.

Clause 75:

In the heading to clause 75, replace may (line 14 on page 68) with must.

In clause 75, replace subclause (1) (lines 17 to 19 on page 68) with:

  • (1) Every territorial authority must have a policy relating to the sale, supply, or consumption of alcohol within its district.

In clause 75(2), delete paragraph (b) (lines 23 and 24 on page 68).

In clause 75, delete subclause (4) (lines 29 and 30 on page 35).

Replace clause 77 (lines 1 to 21 on page 69) with:

77 Contents of policies
  • (1) A local alcohol policy must include policies on the following matters:

    • (a) the location of licensed premises by reference to broad areas:

    • (b) the location of licensed premises by reference to proximity to premises or facilities of particular kinds:

    • (c) the process for managing intoxicated people in public places in collaboration between police, ambulance, and health services:

    • (d) whether further licences (or licences of a particular kind or kinds) should be issued for premises in the district concerned, or any stated part of the district.

    (2) Where areas are identified as having reached saturation levels in terms of cumulative impact of licensed premises subsection 1(d) applies and there is a rebuttable presumption that no further licenses will be granted in this area.

    (3) A local alcohol policy may include policies on the following matters:

    • (a) maximum trading hours provided they are more restrictive than those set out in section 46:

    • (b) the issue of licences, or licences of a particular kind or kinds, subject to discretionary conditions:

    • (c) one-way door restrictions:

    • (d) a strategy for reducing alcohol-related harm in the district.

    (4) Any policies pursuant to subsection (1)(a) to (c), and subsection (3)(a) must be considered in accordance with section 130, but do not apply automatically to special licences, or premises for which a special licence is held or has been applied for.

Clause 77A:

In clause 77A(1), delete that wishes to have a local alcohol policy (line 24 on page 70).

In clause 77A(2)(c), after the demography (line 34 on page 70), insert and socio-economic composition.

In clause 77A(4), after Medical Officers of Health (lines 6 and 7 on page 71), insert local iwi and hapū.

Clause 78:

In clause 78, replace subsection (1) (lines 11 to 15 on page 71), with:

  • (1) After producing a draft policy under section 77A, a territorial authority must produce a provisional policy by using the special consultative procedure to consult on the draft policy.

Clause 80:

In clause 80(1), replace If, after producing a provisional policy under section 78, a territorial authority continues to wish to have a local alcohol policy, it (lines 25 to 27 on page 71) with After producing a provisional policy under section 78 using the special consultative procedure, a territorial authority.

Clause 83:

In clause 83(1)(c), replace Act; or (line 21 on page 73) with Act.

In clause 83(1), delete paragraph (d) (line 22 on page 73).

Clause 84:

In clause 84(2)(b), replace element; or (lines 4 and 5 on page 74) with element.

In clause 84(2), delete paragraph (c) (line 6 on page 74).

Clause 85:

In clause 85, delete subclauses (2) and (3) (lines 14 to 16 on page 74).

Clause 86A:

Delete clause 86A (lines 8 to 12 on page 75).

Clause 91:

In clause 91, replace subclause (1) (line 30 on page 77 to line 2 on page 78), with:

  • (1) A territorial authority may, by using the special consultative procedure, revoke its local alcohol policy, and adopt another in its place.

Clause 92:

In clause 92, replace A territorial authority that has a local alcohol policy must review it (lines 12 and 13 on page 78), with A territorial authority must review its local alcohol policy.


Explanatory note

This Supplementary Order Paper makes local alcohol policies (LAPs) mandatory for all territorial authorities in line with the Law Commission’s recommendation. It also lifts the restriction on local alcohol policies being restricted to licensing to allow local bodies and individuals to effect cultural change through the vehicle of the LAP in line with the Law Commission’s report. It strengthens the content of LAPs by enabling the consideration of local demographics and social-economic factors to influence their content. It imposes a duty to consult with local iwi and hapū, and gives a right of appeal so that the community should be intimately involved with the process of dealing with alcohol-related harm in their area. It also states that a public hearing provision should apply.