Licensing Amendment Act (No. 2) 1953
Licensing Amendment Act (No. 2) 1953
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Licensing Amendment Act (No. 2) 1953
Licensing Amendment Act (No. 2) 1953
Public Act |
1953 No 90 |
|
Date of assent |
26 November 1953 |
|
Contents
An Act to amend the Licensing Act 1908.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title.
This Act may be cited as the Licensing Amendment Act (No. 2) 1953, and shall be read together with and deemed part of the Licensing Act 1908 (hereinafter referred to as the principal Act).
Part I Polls in Special Areas
King Country Poll
2 Special poll of electors of King country.
(1)
On the day appointed for the taking of the licensing poll next following the passing of this Act, and concurrently with the taking of that poll, there shall be taken in accordance with this Part of this Act a special poll (in this Part referred to as the King country poll) of the electors (including the Maori electors) of the area known as the King country, being the area defined in the First Schedule to this Act, on the proposal that the sale of liquor be authorized in the King country (in this section referred to as the licensing proposal), and on the further proposal that, if the licensing proposal is carried, a licensing Trust or licensing Trusts be established to conduct hotels and sell liquor in the King country (in this section referred to as the Trust proposal).
(2)
The proposals shall be submitted in separate voting papers in the forms numbered 1 and 2 in the Fourth Schedule to this Act:
Provided that the voting paper given to any elector of a Maori electoral district shall be printed both in the English language and in the Maori language.
(3)
Any elector of a Maori electoral district who is a resident of the King country may vote at any Maori polling place that—
(a)
Is in the Maori electoral district; and
(b)
Is also in a European electoral district of which any part is within the King country.
(4)
Any elector, other than an elector of a Maori electoral district, who is a resident of the King country may vote at any European polling place in a European electoral district of which any part is within the King country:
Provided that if the polling place is in an electoral district other than that of which he is an elector he shall vote as an absent voter under section one hundred and thirty-nine of the Electoral Act 1927.
Ibid., p. 525
(5)
Notwithstanding anything in any regulations for the time being in force for the purposes of postal voting under section one hundred and forty of the Electoral Act 1927, postal voting papers for the purposes of the poll under this section may be issued only by the Returning Officer for an electoral district of which any part is within the King country or by a Deputy Returning Officer at any polling place at which any elector would be entitled to vote in person under this section.
(6)
The licensing proposal shall be deemed to be carried if the number of valid votes recorded for that proposal is not less than three-fifths of all the valid votes recorded in respect of the proposal.
(7)
The Trust proposal shall be deemed to be carried if—
(a)
The licensing proposal is carried; and
(b)
The number of valid votes recorded for the Trust proposal exceeds the number of valid votes recorded against it.
(8)
The determination of the electors at the poll shall come into force at the expiration of three months after the day on which the poll is taken.
3 Grant of licences if licensing proposal carried and Trust proposal not carried.
If at the King country poll the licensing proposal is carried, and the Trust proposal is not carried, it shall be lawful, after the coming into force of the determination of the electors, for licences to be granted in the King country in accordance with the principal Act; and for that purpose the following provisions shall apply:
(a)
Every Licensing Committee in whose district any part of the King country is situated shall have in respect of that part the powers and functions conferred by section eleven of the Licensing Amendment Act 1910 on Licensing Committees constituted under section ten of that Act, as if the King country had been a no-licence district and the poll were a local restoration poll at which the restoration proposal was carried and the Trust proposal was not carried:
1948, No. 74
(b)
The provisions of the said section eleven and of section eighty-four of the Licensing Amendment Act 1948, so far as they are applicable and with the necessary modifications, shall apply accordingly as if each such part as aforesaid were a licensing district:
(c)
For the purposes of section twenty-seven of the Licensing Amendment Act 1948 (which relates to the maximum number of publicans’ licences), any publican’s licence granted pursuant to this section shall be deemed to be a publican’s licence to which paragraph (d) of subsection one of that section applies.
4 Licensing Trust to be constituted if Trust proposal carried.
If at the King country poll the Trust proposal is carried, the following provisions shall apply:
1949, No. 43
(a)
As soon as may be practicable after the coming into force of the determination of the electors, the King country shall be declared to be a licensing Trust district by Order in Council under section three of the Licensing Trusts Act 1949, as if the King country had been a no-licence district and the poll were a local restoration poll at which the Trust proposal was carried, or may by Order in Council under that section be divided into two or more districts which shall be declared by the Order to be licensing Trust districts:
(b)
A licensing Trust or licensing Trusts shall be constituted for the said licensing Trust district or districts under Part I of that Act, and the provisions of that Part shall apply accordingly.
5 King country to be no-licence district if licensing proposal not carried.
(1)
If at the King country poll the licensing proposal is not carried, the King country shall be deemed for all purposes, as from the coming into force of the determination of the electors, to be a no-licence district within the meaning of section two of the Licensing Amendment Act 1910, and all the provisions of the principal Act and of any other enactment relating to no-licence districts shall apply accordingly.
(2)
The provisions of section one hundred and forty-seven a of the principal Act (as inserted by section thirty-six of this Act) shall also apply to the King country—
(a)
Until the coming into force of the determination of the electors at the poll; and
(b)
Thereafter, if the licensing proposal is not carried, so long as the King country continues to be a no-licence district,—
as if the King country were a no-licence district to which the said section one hundred and forty-seven a is expressed to apply.
1945, No. 10
(3)
If the licensing proposal is not carried, the provisions of section ten of the Electoral Amendment Act 1945 shall extend and apply to the King country no-licence district.
6 Consequential repeals and amendment.
(1)
The following enactments are hereby repealed as from the coming into force of the determination of the electors at the King country poll:
(a)
Sections two hundred and seventy-two and two hundred and seventy-three of the principal Act:
(b)
The King Country Licences Act 1909:
Ibid., pp. 356, 362
(c)
Sections twenty-nine and forty-five of the Licensing Amendment Act 1910:
Ibid., p. 369
(d)
Section nine of the Licensing Amendment Act 1914:
1948, No. 74
(e)
Subsection three of section sixty-six, section eighty-one, and Part VI of the Licensing Amendment Act 1948.
(2)
Section thirty-eight of the Licensing Amendment Act 1910 is hereby consequentially amended, as from the coming into force of the determination of the electors at the King country poll, by omitting from subsection one the words “or within any area to which section two hundred and seventy-three of the principal Act is applicable”
.
7 Saving.
(1)
Notwithstanding anything in the foregoing provisions of this Act, and without limiting the provisions of the Acts Interpretation Act 1924, if the Trust proposal is carried at the King country poll, or if the licensing proposal at that poll is not carried, the tourist-house licences then in force in respect of the licensed premises known as the Chateau Tongariro and the Hotel Waitomo, and in respect of the licensed premises at Turangi known as Bridge Lodge, shall not be affected.
(2)
In any such case as aforesaid, those licences and those premises and the licensees thereof shall be under and subject to the jurisdiction of the Licensing Committees in whose districts the premises are situated immediately before the coming into force of the determination of the electors at the King country poll; and the provisions of the principal Act shall apply to them in all respects as if the licensing proposal had been carried and the Trust proposal had not been carried.
Special Polls in Johnsonville and Porirua Areas
8 Special poll of electors of Johnsonville area.
(1)
On a day to be fixed by the Governor-General by Order in Council, there shall be taken in accordance with this Part of this Act a special poll (in this Part referred to as the Johnsonville poll) of the electors of the area defined in the Second Schedule to this Act on the proposal that the sale of liquor be authorized in that area (in this section referred to as the licensing proposal), and on the further proposal that, if the licensing proposal is carried, a licensing Trust be established to conduct hotels and sell liquor in that area (in this section referred to as the Trust proposal).
(2)
The proposals shall be submitted in separate voting papers in the forms numbered 1 and 2 in the Fifth Schedule to this Act.
(3)
The licensing proposal shall be deemed to be carried if the number of valid votes recorded for that proposal is not less than three-fifths of all the valid votes recorded in respect of the proposal.
(4)
The Trust proposal shall be deemed to be carried if—
(a)
The licensing proposal is carried; and
(b)
The number of valid votes recorded for the Trust proposal exceeds the number of valid votes recorded against it.
9 Special poll of electors of Porirua area.
(1)
On a day to be fixed by the Governor-General by Order in Council, there shall be taken in accordance with this Part of this Act a special poll (in this Part of this Act referred to as the Porirua poll) of the electors of the area defined in the Third Schedule to this Act on the proposal that the sale of liquor be authorized in that area (in this section referred to as the licensing proposal), and on the further proposal that, if the licensing proposal is carried, a licensing Trust be established to conduct hotels and sell liquor in that area (in this section referred to as the Trust proposal).
(2)
The proposals shall be submitted in separate voting papers in the forms numbered 1 and 2 in the Fifth Schedule to this Act.
(3)
The licensing proposal shall be deemed to be carried if the number of valid votes recorded for that proposal exceeds the number of valid votes recorded against it.
(4)
The Trust proposal shall be deemed to be carried if—
(a)
The licensing proposal is carried; and
(b)
The number of valid votes recorded for the Trust proposal exceeds the number of valid votes recorded against it.
10 When determination of electors to come into force.
The determination of the electors at the Johnsonville poll or the Porirua poll shall come into force at the expiration of three months after the day on which the poll is taken.
11 Grant of licences if licensing proposal carried and Trust proposal not carried.
If at the Johnsonville poll or at the Porirua poll the licensing proposal is carried and the Trust proposal is not carried, it shall be lawful, after the coming into force of the determination of the electors at that poll, for licences to be granted, in accordance with the principal Act, in the area in which the poll was taken; and for that purpose the following provisions shall apply:
(a)
Every Licensing Committee in whose district any part of that area is situated shall have in respect of that part the powers and functions conferred by section eleven of the Licensing Amendment Act 1910 on Licensing Committees constituted under section ten of that Act, as if the area had been a no-licence district and the poll were a local restoration poll at which the restoration proposal was carried and the Trust proposal was not carried:
1948, No. 74
(b)
The provisions of the said section eleven and of section eighty-four of the Licensing Amendment Act 1948, so far as they are applicable and with the necessary modifications, shall apply accordingly as if each such part as aforesaid were a licensing district:
(c)
For the purposes of section twenty-seven of the Licensing Amendment Act 1948 (which relates to the maximum number of publicans’ licences) any publican’s licence granted pursuant to this section shall be deemed to be a publican’s licence to which paragraph (d) of subsection one of that section applies.
12 Licensing Trust to be constituted if Trust proposal carried.
If at the Johnsonville poll or the Porirua poll the Trust proposal is carried, the following provisions shall apply:
1949, No. 43
(a)
As soon as may be practicable after the coming into force of the determination of the electors, the area in which the poll was taken shall be declared to be a licensing Trust district under section three of the Licensing Trusts Act 1949, as if the area had been a no-licence district and the poll were a local restoration poll at which the Trust proposal was carried:
(b)
A licensing Trust shall be constituted for the said licensing Trust district under Part I of that Act, and the provisions of that Part shall apply accordingly:
Provided that if the Trust proposal is carried at both the Johnsonville poll and the Porirua poll, the two areas in which the polls were taken shall be combined and shall be declared to be one licensing Trust district for the purposes of the said Part I, and one licensing Trust shall be constituted therefor.
13 Provision for further polls if licensing proposal not carried.
(1)
Subject to the provisions of this section, if at the Johnsonville poll or at the Porirua poll the licensing proposal is not carried, further polls may from time to time be taken in the area in which the proposal was not carried until the licensing proposal is carried.
(2)
No such further poll as aforesaid shall be taken until after the expiration of two years from the date of the first poll under this Part of this Act, or, in the case of any subsequent poll, until after the expiration of two years from the date of the poll immediately preceding it.
(3)
No such further poll as aforesaid shall be taken unless the Licensing Control Commission reports to the Minister that in its opinion it is desirable that such a poll should be taken.
(4)
Every poll under this section shall be taken in the same area, on the same proposals, and in the same manner as the poll provided for by the foregoing provisions of this Part of this Act relating to that area; and the provisions of this Part, so far as they are applicable and with the necessary modifications, shall apply accordingly.
Polls as to Licences in Certain Other Areas
14 Provision for polls as to licences in certain areas in licensing districts.
1945, No. 10
(1)
Notwithstanding anything in the principal Act or any other enactment, where by reason of any change in the boundaries of any electoral district that took effect after the tenth day of December, nineteen hundred and eighteen (being the date of the passing of the Licensing Amendment Act 1918), and before the twelfth day of November, nineteen hundred and forty-five (being the date of the passing of the Electoral Amendment Act 1945), any area, not being an area to which any of the foregoing provisions of this Part of this Act applies, that was formerly within any no-licence district is at the passing of this Act within any licensing district, not being a no-licence district or a licensing Trust district, that area (in this section referred to as a special area) shall be deemed for all purposes to be part of the licensing district within which it is situated at the passing of this Act, and the provisions of the principal Act shall apply accordingly:
Provided that the Licensing Control Commission shall not authorize the granting of any licence in the special area unless at a poll of electors taken in accordance with this section the proposal that the issue of licences be authorized is carried.
(2)
Whenever the Licensing Control Commission is of opinion that the issue of a licence or licences should be authorized in any special area or in any part thereof, it may, by notice in the Gazette, authorize the taking of a poll of the electors residing in the special area, or in that part, on the proposal that the issue of licences be authorized therein (in this section referred to as the licensing proposal), and on the further proposal that, if the licensing proposal is carried, every licence so authorized be issued to a local Trust (in this section referred to as the Trust proposal):
Provided that whenever a poll is so taken, no further poll shall be taken under this section in that area or part until after the expiration of two years from the date on which the first-mentioned poll is taken.
(3)
The proposals shall be submitted in separate voting papers in the forms numbered 1 and 2 in the Sixth Schedule to this Act.
(4)
In the notice under subsection two of this section, the Commission shall specify the majority required to carry the licensing proposal, which shall be determined by the Commission in accordance with subsection five of this section.
(5)
The majority required to carry the licensing proposal at a poll in any special area, or in any specified part thereof, shall be—
(a)
Three-fifths of all the valid votes recorded in respect of that proposal, if more than half of the population of the whole of the special area resides in an area which was in a licensing district when the electors of that licensing district carried a proposal that no licences be granted in that district:
(b)
More than half of all the valid votes recorded in respect of the proposal, if more than half of the population of the whole of the special area resides in an area which became part of a no-licence district by reason only of a change in the boundaries of any electoral district.
(6)
The Trust proposal shall be deemed to be carried at any such poll if the number of valid votes recorded for that proposal exceeds the number of valid votes recorded against the proposal.
(7)
If the licensing proposal is carried, the following provisions shall apply:
1948, No. 74
(a)
The Licensing Control Commission may from time to time, in accordance with Part II of the Licensing Amendment Act 1948 and this Act, authorize the granting of a licence or licences in the special area or part within which the poll was taken, and the provisions of the said Part II and of the principal Act, so far as they are applicable, shall apply:
(b)
The proviso to subsection one of this section shall cease to apply to the special area or part in which the poll was taken.
(8)
Section twelve of the Licensing Amendment Act 1910 is hereby amended by repealing paragraphs (b) to (f).
15 Directions for taking poll under last preceding section.
(1)
Whenever the Licensing Control Commission authorizes the taking of any poll under section fourteen of this Act, the Commission may—
(a)
Define an area within which the poll is to be taken:
(b)
Fix a date for the taking of the poll:
(c)
Fix a date for the closing of the rolls of electors:
(d)
Appoint a Returning Officer to conduct the poll:
(e)
Give such directions as may be necessary in relation to the form of notices to be given by the Returning Officer in respect of the poll:
(f)
Direct how the costs of preparing rolls and conducting the poll shall be borne by the local authorities having jurisdiction in the area in which the poll is to be taken, or by any one or more of them:
(g)
Authorize or direct the doing of any other thing necessary or expedient for the taking of the poll.
(2)
The Commission may direct that the rolls of electors of the appropriate 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 Returning Officer shall prepare a supplementary roll.
General Provisions as to Polls
16 Procedure at polls under this Part.
Subject to the provisions of this Part of this Act and of any regulations made thereunder, and subject to all necessary modifications, every poll under this Part of this Act shall be taken in the same manner as polls in no-licence districts relating to local restoration, and the provisions of the principal Act relating to licensing polls, so far as they are applicable, shall apply.
17 Regulations.
The Governor-General may from time to time, by Order in Council, make all such regulations as he deems necessary or expedient for the purpose of giving full effect to the provisions of this Part of this Act and for the due administration thereof.
Part II Wine Makers’ Licences
18 Commencement of this Part.
This Part of this Act shall come into force on the first day of July, nineteen hundred and fifty-four.
19 Interpretation.
1914, No. 27, s. 11(13) (Reprint of Statutes, Vol. IV, p. 369)
In this Part of this Act, unless the context otherwise requires,—
“Wine” includes any liquor that is produced from any fruit or vegetable, whether the fruit or vegetable is cultivated or not, and is of a strength not exceeding forty per cent of proof spirit:
1948, No. 74, s. 104(3)
References to the manufacture of wine include, in relation to the holder of a grape wine licence, but not otherwise, references to the blending of wine in accordance with section twenty-one of this Act.
20 Wine makers’ licences.
1914, No. 27, s. 11(1)
(1)
No person shall manufacture wine for sale except pursuant to this Part of this Act and to the terms of a wine maker’s licence granted by a Magistrate under this Part and for the time being in force.
(2)
A wine maker’s licence shall be either—
(a)
A grape wine licence; or
(b)
A fruit wine licence.
(3)
No person shall be the holder of both a grape wine licence and a fruit wine licence.
(4)
No holder of any wine maker’s licence shall cause or permit any part of the premises or equipment used by him for the manufacture of wine to be used for the manufacture of any kind of wine that is not specified in his licence, except with the prior consent in writing of a Magistrate and subject to such conditions and restrictions as the Magistrate thinks fit.
21 Grape wine licences.
(1)
Every grape wine licence shall be in the prescribed form, and shall authorize the holder thereof to manufacture, in a quantity to be specified in the licence, wine from grapes grown in New Zealand. The quantity to be so specified shall not exceed the limit, if any, specified in the application for the licence.
1948, No. 74, s. 104(1)
(2)
Every grape wine licence shall be deemed to include authority for the holder thereof to blend wine of his own manufacture with wine manufactured by any other holder of a grape wine licence, so long as the following conditions are complied with, namely:
(a)
The total quantity of wine, including blended wine, manufactured by the licensee during the year of the currency of his licence shall not exceed the quantity specified in the licence:
(b)
The strength of the wine after blending shall not exceed forty per cent of proof spirit.
Ibid., s. 104(2)
(3)
It shall be lawful for the holder of a grape wine licence to sell and deliver wine manufactured by him to any other holder of a grape wine licence for the purpose of being blended with wine manufactured by that other holder, and for that other holder to purchase and receive the wine for that purpose, notwithstanding that the premises of either or both of the parties to the sale are situated within a no-licence district, and none of the provisions of the principal Act relating to no-licence districts shall apply to any such sale.
1947, No. 7
(4)
Nothing in this Part of this Act shall prevent the holder of a grape wine licence from using fruit essences, concentrates, or other ingredients, in conformity with the provisions of the Food and Drugs Act 1947 and of any regulations for the time being in force under that Act, in the manufacture of liqueurs and cocktails.
22 Fruit wine licences.
(1)
Every fruit wine licence shall be in the prescribed form, and shall authorize the holder thereof to manufacture, in a quantity to be specified in the licence, such kind or kinds of wine as shall be so specified, being wine, cider, or perry from apples or pears grown in New Zealand, or wine from any fruit, not being grapes, grown in New Zealand, or wine from any vegetable grown in New Zealand, whether the fruit or vegetable is cultivated or not. The quantity to be so specified shall not exceed the limit, if any, specified in the application for the licence.
(2)
Nothing in this Part of this Act shall prevent the fortifying of fruit wines by the addition of spirit distilled from grape wine or the lees thereof pursuant to the Distillation Act 1908.
23 Provisions applying to all wine makers’ licences.
1914, No. 27, s. 11(8)
(1)
Every wine maker’s licence shall authorize the holder thereof to sell wine manufactured by him pursuant to his licence in quantities of not less than two gallons to any one person at any one time.
1948, No. 74, s. 105(1)
(2)
The holder of a wine maker’s licence may sell and deliver wine pursuant to this section, and to the terms of his licence, at any time when the holder of a wholesale licence may sell or deliver liquor pursuant to section eight of the Sale of Liquor Restriction Act 1917, and shall not be entitled to sell or deliver wine at any other time.
(3)
The wine may be delivered from one place only, being premises specified in the licence, and shall not be consumed on the wine maker’s premises or at the place so specified for delivery.
1948, No. 74, s. 105(1)
(4)
Where the place specified in any wine maker’s licence as the place from which wine may be delivered on sale is situated in a no-licence district, nothing in section one hundred and forty-six of the principal Act shall prevent the holder from selling wine, pursuant to this section and to the terms of his licence, to any person not residing or carrying on business within the district,—
(a)
If the wine is to be delivered beyond the limits of the district; or
(b)
If the wine is sold and delivered to the purchaser in person on the premises of the wine maker and is taken away by the purchaser from the place where it is sold.
1914, No. 27, s. 11(10)
(5)
No holder of a wine maker’s licence shall sell or offer for sale, or cause or permit to be sold or offered for sale, any wine manufactured by him, unless the name and address of the licensee are printed on a label attached to the cask or bottle containing the wine.
Ibid., s. 11(9)
(6)
Every wine maker’s licence shall, unless sooner forfeited under the principal Act or cancelled under this Part of this Act, continue in force until the thirtieth day of June next after its issue.
24 Granting of wine makers’ licences.
Ibid., s. 11(4)
(1)
No wine maker’s licence shall be granted unless the Magistrate is satisfied—
(a)
That the applicant for the licence is a fit person to be the holder of such a licence; and
(b)
That the premises in which the wine is to be manufactured, and the equipment therein, are suitable for the manufacture, storage, and sale of wine of the kind to which the application relates and are maintained in a proper sanitary condition; and
(c)
That, in the case of an application for a grape wine licence, the applicant will have available to him a sufficient supply of grapes to enable him to manufacture the quantity of wine specified in his application.
Ibid., s. 11(2)
(2)
Every application for a wine maker’s licence shall—
(a)
Be made in the prescribed form and manner to the Registrar of the Magistrate’s Court nearest to the place where the applicant proposes to manufacture wine:
(b)
Specify whether the licence applied for is a grape wine licence or a fruit wine licence, and, in the case of a fruit wine licence, the kind or kinds of wine intended to be manufactured by the applicant:
1914, No. 27, s. 11(6)
(c)
Specify the total quantity of wine intended to be manufactured by the applicant, whether for sale or otherwise, during the year of the currency of the licence that is applied for:
(d)
Be dealt with in the prescribed manner.
(3)
Notwithstanding anything in this Part of this Act, any holder of a wine maker’s licence may apply to a Magistrate, at any time during the currency of the licence, to increase the quantity specified in the licence. On any such application the Magistrate may increase that quantity, subject to the provisions of paragraph (c) of subsection one of this section in the case of a licence to which that paragraph applies, and on payment in any case of such additional fee as may be required by reason of the increased quantity.
Ibid., s. 11(5)
(4)
In respect of every wine maker’s licence, the applicant shall deposit with the Registrar, when the application for the licence is made, the appropriate fee as prescribed in the Seventh Schedule to this Act. If the licence is granted, the amount so deposited shall be applied in the manner prescribed by section one hundred and forty of the principal Act. If the licence is not granted, that amount shall be refunded to the applicant.
(5)
Notwithstanding anything in subsection four of this section, where any applicant for a wine maker’s licence under this Part of this Act is at the commencement of this Part the holder of a wine maker’s licence under section eleven of the Licensing Amendment Act 1914, the fee payable in respect of any licence granted to the applicant under this Part for the year ending on the thirtieth day of June, nineteen hundred and fifty-five, shall be half the appropriate fee prescribed in the said Seventh Schedule.
25 Offences.
Ibid., s. 11(15)
(1)
Subject to the foregoing provisions of this Part of this Act, the place specified in a wine maker’s licence as the place from which wine may be delivered on sale shall be deemed to be licensed premises, and the holder of the licence shall be deemed to be a licensed person, within the meaning of the following provisions of the principal Act, namely:
(a)
Sections one hundred and eighty-nine and one hundred and ninety (which relate to closing hours for licensed premises):
(b)
Part VI (which relates to prohibition orders):
(c)
Sections two hundred and eighteen to two hundred and thirty-two (which relate to the inspection of licensed premises):
(d)
Sections two hundred and thirty-three to two hundred and thirty-six (which relate to adulteration).
1914, No. 27, s. 11(7), (11)
(2)
Subject to the provisions of subsection one of this section, every person commits an offence and is liable to a fine not exceeding two hundred pounds who acts in contravention of or fails to comply with any of the provisions of this Part of this Act.
Ibid., s. 11(12)
(3)
If the holder of a wine maker’s licence is convicted of an offence against the principal Act or against this Part of this Act the convicting Court may in its discretion cancel his licence. Any person whose licence is so cancelled shall thereby be disqualified from holding a licence under this Part of this Act for two years after the date of the cancellation.
26 Repeals and savings.
1948, No. 74
(1)
This Part of this Act is in substitution for section eleven of the Licensing Amendment Act 1914, and that section and the Second Schedule to that Act and sections one hundred and four and one hundred and five of the Licensing Amendment Act 1948 are hereby repealed.
(2)
Without limiting the provisions of the Acts Interpretation Act 1924, but subject to the provisions of this Part of this Act, it is hereby declared that the repeal of any provision by this section shall not affect any document made or any thing whatsoever done under the provision so repealed, and every such document or thing, so far as it is subsisting or in force at the time of the repeal and could have been made or done under this Act, shall continue and have effect as if it had been made or done under the corresponding provision of this Part of this Act and as if that provision had been in force when the document was made or the thing was done.
Part III Miscellaneous
27 Power of Licensing Control Commission to conduct inquiries.
1948, No. 74
Section thirteen of the Licensing Amendment Act 1948 is hereby amended by inserting in subsection one, after paragraph (h), the following paragraph:
“(hh)
To conduct inquiries on such matters as may from time to time be referred to it by the Minister:”.
28 Appeals from certain decisions of Licensing Control Commission.
(1)
The Licensing Amendment Act 1948 is hereby amended by inserting, after section sixty-five, the following heading and section:
“Appeals from Licensing Control Commission
“65a
“(1)
Notwithstanding anything in this Act, where the Commission—
“(a)
Cancels any licence under section thirty-one of this Act (which relates to the cancellation of unnecessary licences); or
“(b)
Determines under section thirty-eight of this Act the amount of compensation payable to any person on the cancellation or surrender of a licence,—
any person being the licensee or the owner of the licensed premises or a lessee, sublessee, or tenant thereof or a mortgagee within the meaning of section forty-six of this Act, or any other person having any estate or interest in the licensed premises, may appeal to the Supreme Court against the Commission’s decision on giving notice of appeal within fourteen days after the giving of the decision.
“(2)
Where the holder of any licence is required or directed by a Licensing Committee to rebuild, add to, alter, or repair any licensed premises, and on any appeal to the Commission against that direction under subsection two of section sixty-five of this Act the Commission confirms or modifies the direction, or directs that the matter be referred back to the Licensing Committee for further consideration, any person being the licensee or the owner of the licensed premises or a lessee, sublessee, or tenant thereof or a mortgagee within the meaning of section forty-six of this Act, or any other person having any estate or interest in the licensed premises, may, if after the determination of the appeal by the Commission it will be necessary for the licensee or owner to expend five thousand pounds or more in order to comply with the direction, appeal to the Supreme Court against the Commission’s decision on giving notice of appeal within fourteen days after the giving of that decision.
“(3)
Notwithstanding anything in this section, a Judge of the Supreme Court, on the application by motion of any person having a right of appeal under this section, may grant leave to that person to give notice of appeal after the expiration of the time prescribed by this section, and within such time as the Judge thinks fit, where in the opinion of the Judge there was reasonable cause for the failure or inability of that person to give notice within the time prescribed by this section.
“(4)
The notice of appeal shall be in writing and shall be filed in the office of the Supreme Court. It shall not be necessary to state in the notice the grounds of the appeal. Either before or immediately after the filing of the notice of appeal, a copy of the notice shall be delivered or sent to the Secretary of the Commission.
“(5)
The operation of the decision appealed against shall be suspended until the final determination of the appeal. In the case of the cancellation of a licence, the licence shall, if the appeal is not finally determined on or before the expiry of the licence by effluxion of time, be deemed to be extended until the final determination of the appeal, and the provisions of subsections two and three of section one hundred and sixteen of the principal Act shall, with the necessary modifications, apply with respect to the licence.
“(6)
Every appeal under this section shall be by way of rehearing of the original proceedings, in like manner as if the proceedings had been properly and duly commenced in the Supreme Court. On any such appeal the Commission may be represented by counsel. The Court may, on hearing the appeal, confirm, modify, or reverse the decision appealed against, and the decision of the Court shall be final and binding on all parties.
“(7)
If the appellant does not prosecute his appeal with due diligence, the Commission may apply to the Supreme Court for the dismissal of the appeal.”
1948, No. 74
(2)
Section thirty-three of the Licensing Amendment Act 1948 is hereby amended by repealing subsection three.
29 Commission may authorize poll as to whether publican’s licence is desired.
The Licensing Amendment Act 1948 is hereby further amended by inserting, after section fifty, the following section:
“50a
“(1)
The local authority of any district, or any two or more local authorities of adjoining districts, or any fifty or more electors residing in any such district or districts as aforesaid, may, at any time before the Commission authorizes the granting of a publican’s licence in any area in any such district or districts as aforesaid, apply in writing to the Commission for the taking of a poll for the purpose of ascertaining whether the residents of that area desire that a publican’s licence be granted in that area.
“(2)
On any application under this section, the Commission may hold such inquiry and take such evidence as it thinks fit; and if it is of opinion that the application is made in good faith and that such a poll should be taken it shall direct that a poll be taken under this section.
“(3)
If the Commission directs that a poll be taken as aforesaid, it may also direct that a further poll be taken, simultaneously therewith, for the purpose of ascertaining whether, if a licence is issued, the residents desire that it be issued to a local Trust.
“(4)
If the Commission directs that a poll be taken under this section, it may, by the same or any further direction,—
“(a)
Determine an area within which the poll is to be taken and define the boundaries of that area:
“(b)
Fix a date for the taking of the poll:
“(c)
Fix a date for the closing of the rolls of electors:
“(d)
Appoint a Returning Officer to conduct the poll:
“(e)
Give such directions as may be necessary in relation to the form of notices to be given by the Returning Officer in respect of the poll:
“(f)
Direct how the costs of preparing rolls and conducting the poll shall be borne by the local authorities having jurisdiction in the area in which the poll is to be taken, or by any one or more of them:
“(g)
Authorize or direct the doing of any other thing necessary or expedient for the taking of the poll.
“(5)
The Commission may direct that the rolls of electors of the appropriate 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 Returning Officer shall prepare a supplementary roll.
“(6)
Every poll under this section shall be a poll of the electors residing, on the date fixed for the closing of the rolls, in the area determined by the Commission as aforesaid.
1953, No. 16
“(7)
Subject to the provisions of this section and of any regulations under this Act, and of any directions given by the Commission as aforesaid, and subject to any necessary modifications, the provisions of the Local Elections and Polls Act 1953, so far as they are applicable, shall apply to the poll.
“(8)
Every direction or decision of the Commission under this section shall be final and binding on all parties.”
30 Commission to have regard to result of poll.
1948, No. 74
Section fifty of the Licensing Amendment Act 1948 is hereby amended by inserting, after subsection two, the following subsection:
“(2a)
If in the case of a poll taken under subsection two of section fifty a of this Act a majority in number of the valid votes recorded at the poll is against the granting of a licence, the Commission shall not authorize the granting of a publican’s licence in the area in which the poll was taken unless in its opinion, having regard to the proportion that the total number of valid votes bears to the number of electors entitled to vote, the proportion that the number of valid votes recorded against the granting of the licence bears to the total number of valid votes, the convenience of travellers, and all such other matters as it considers relevant, there are special circumstances in which it is desirable in the public interest that a licence should be granted.”
31 Section 55 of Licensing Amendment Act 1948 (as to hearing of applications for licence) amended.
(1)
Section fifty-five of the Licensing Amendment Act 1948 is hereby amended by repealing subsection seven, and substituting the following subsection:
1948, No. 74
“(7)
Where any such application relates to a publican’s licence, no person shall be entitled to object, under paragraph (c) of section ninety-one of the principal Act, on the ground that the premises are in the immediate vicinity of a place of public worship, hospital, or school, or that the quiet of the place in which the premises are situated will be disturbed if a licence is granted.”
(2)
The said section fifty-five is hereby further amended by inserting, after subsection five, the following subsection:
1949, No. 43
“(5a)
Where under the principal Act or this Act, or under any regulations made under section forty-six of the Licensing Trusts Act 1949, a poll has been held, in the area in which the licence is intended to be granted, on the proposal that the licence be granted to a local Trust, and a majority in number of the valid votes recorded at the poll is in favour of that proposal, and the licence is applied for by any local authority on behalf of a Trust intended to be formed to hold the licence, the Trust shall be entitled to the licence unless in the opinion of the Committee, having regard to the proportion that the total number of valid votes bears to the number of electors entitled to vote, the proportion that the number of valid votes recorded in favour of the proposal bears to the total number of valid votes, and all other matters that it considers relevant, there are special circumstances in which it is desirable in the public interest that the licence should be granted to some other applicant.”
32 Use of local body rolls for polls as to sites of hotels.
1948, No. 74
Section fifty-six of the Licensing Amendment Act 1948 is hereby amended by adding to subsection four the following paragraph:
“(c)
Direct that, instead of the appropriate rolls within the meaning of the Electoral Act 1927, the rolls of electors of every local authority within whose district the whole or any part of the said area is situated shall be the rolls of electors for the poll.”
33 Grant and renewal of wine sellers’ licences to be by Licensing Committee.
1948, No. 74
Section sixty-nine of the Licensing Amendment Act 1948 is hereby amended by repealing subsection seven.
34 Power of Chairman of Licensing Committee to grant temporary transfer of licence.
(1)
Section one hundred and twenty of the principal Act is hereby amended as follows:
(a)
By omitting from subsection one the words “and any two members”
:
(b)
By omitting from subsection two the words “If such Chairman and any two members of the Licensing Committee think fit, they may”
, and substituting the words “If the Chairman thinks fit, he may”
:
(c)
By omitting from subsection two the words “under their hands”
, and substituting the words “under his hand”
:
(d)
By repealing subsection four (as added by section five of the Licensing Amendment Act 1914).
(2)
The form of temporary transfer to a purchaser or assignee of licensed premises set out in the Twelfth Schedule to the principal Act is hereby amended as follows:
(a)
By omitting the words “and E. F. and G. H., being two members”
:
(b)
By omitting the words “to us”
.
(3)
Section five of the Licensing Amendment Act 1914 is hereby repealed.
35 Section 147 of principal Act (as to sale of liquor for delivery in no-licence districts) amended.
Subsection one of section one hundred and forty-seven of the principal Act is hereby amended as follows:
(a)
By repealing paragraphs (b) and (g):
(b)
By omitting from paragraph (d) the words “All statements filed as aforesaid, and”
:
1947, No. 16
(c)
By omitting from subparagraph (ii) of paragraph (e) (as amended by subsection four of section twelve of the Magistrates’ Courts Act 1947) the words “or without furnishing a statement to the Registrar of the Magistrate’s Court as aforesaid”
:
(d)
By omitting from paragraph (f) (as amended by the said subsection four) the words “or to furnish any statement to the Registrar of the Magistrate’s Court in respect thereof”
.
36 Special provisions as to sale of liquor for delivery in no-licence districts of Oamaru, Clutha, and Mataura.
The principal Act is hereby amended by inserting, after section one hundred and forty-seven, the following section:
“147a
“(1)
This section shall apply to every person who sells any liquor in compliance with any order, whether verbal or in writing, and who is notified or is aware that the liquor is intended to be sent or taken into any of the no-licence districts of Oamaru, Clutha, and Mataura.
“(2)
Every person to whom this section applies shall, forthwith after the sale of the liquor, deliver or send by post to the member of the Police Force in charge of the police station nearest to the address of the person to whom the liquor is being sent or, as the case may be, by whom it is taken a statement in writing specifying—
“(a)
The nature and quantity of the liquor so sold:
“(b)
The name and address of the person ordering the liquor:
“(c)
The name and address of the person to whom the liquor is being sent or by whom it is taken:
“Provided that it shall not be necessary for any statement to be delivered or sent under this subsection in any case to which paragraph (f) or paragraph (h) of subsection one of section one hundred and forty-seven of this Act applies.
“(3)
Every such statement shall be filed by the member of the Police Force by whom it is received, and shall be open to inspection by any Magistrate or any Inspector of licensed premises, or by any person appointed in that behalf by any Court before which proceedings under this or either of the last two preceding sections have been taken, and shall not be open to inspection by any other person.
“(4)
Every person commits an offence against this Act and shall be liable to a fine not exceeding fifty pounds who contravenes or fails to comply in any respect with any of the provisions of this section.
“(5)
Every person commits an offence against this Act and shall be liable to a fine not exceeding twenty pounds who discloses any information contained in any statement under this section, except pursuant to subsection three of this section or in good faith for the purpose of detecting and punishing offenders.
“(6)
Nothing in this section shall be construed to limit the application to the no-licence districts of Oamaru, Clutha, and Mataura of any other provision of this Act or any other enactment relating to no-licence districts.”
37 City licensing districts.
(1)
The principal Act is hereby amended by inserting, after section five, the following section:
“6
“(1)
This section shall apply with respect to the cities of Auckland, Wellington, Christchurch, and Dunedin.
“(2)
The Governor-General may from time to time, by Order in Council, on the recommendation of the Minister made on the recommendation of the Licensing Control Commission, declare any electoral district or districts comprising any city to which this section applies, or any two or more electoral districts of which each contains any part of any such city, or any such electoral district or districts together with any adjoining part of any licensing district remaining after the exclusion therefrom (whether before or after the commencement of this section) of any no-licence district or licensing Trust district, to be one licensing district (in this Act referred to as a city licensing district) with such name and from such date as may be specified in the Order; and may in the Order define the boundaries of any city licensing district so constituted.
“(3)
The Governor-General may from time to time, in like manner, alter the boundaries of any city licensing district by adding thereto the whole of any adjoining licensing district containing any part of the city, or any adjoining part of any licensing district remaining after the exclusion therefrom (whether before or after the commencement of this section) of any no-licence district or licensing Trust district, and redefine the boundaries of the city licensing district as so altered. Any Order in Council under this subsection shall take effect as from such date as may be specified therein.
“(4)
Nothing in this section shall be construed to authorize the inclusion in any city licensing district of the whole or any part of any no-licence district or licensing Trust district.”
(2)
Section seven of the principal Act is hereby amended as follows:
(a)
By omitting from paragraph (a) the word “three”
:
(b)
By omitting from paragraph (b) the words “of the licensing poll and”
:
(c)
By adding to paragraph (c) the words “If the city licensing district includes any area that was formerly part of any ordinary licensing district and has been added to the city licensing district by Order in Council under secion six of this Act, the Registrar of Electors for the electoral district in which that area is situated shall cause the rolls of that electoral district to be marked so as to indicate the electors qualified to vote at elections of members of the Licensing Committee for the city licensing district”
.
1945, No. 10
(3)
Until the boundaries of any of the city licensing districts of Auckland, Wellington, Christchurch, and Dunedin are defined, or, as the case may be, redefined, for the first time by the taking effect of an Order in Council under section six of the principal Act (as inserted by subsection one of this section), that city licensing district shall continue to have such boundaries as are declared in the report of the Representation Commission made pursuant to section six of the Electoral Amendment Act 1945 on the sixth day of May, nineteen hundred and fifty-two, and shall comprise the electoral districts declared by that report to be in the city licensing district.
(4)
Section forty-one of the Licensing Amendment Act 1910 is hereby repealed.
38 Power to alter boundaries of other licensing districts.
(1)
Notwithstanding anything in the principal Act or in any other enactment, the Governor-General may from time to time, by Order in Council, on the recommendation of the Minister made on the recommendation of the Licensing Control Commission, alter the boundaries of any licensing district, not being a city licensing district, by adding thereto any part of any adjoining licensing district remaining after the exclusion (whether before or after the passing of this Act) of any no-licence district or licensing Trust district, and redefine the boundaries of the district as so altered. Any such Order in Council shall take effect as from such date as may be specified in the Order in Council.
(2)
Nothing in this section shall be construed to authorize the alteration of the boundaries of any no-licence district or licensing Trust district, or the union of any part of any such district with any other licensing district.
(3)
Whenever under this section the boundaries of any licensing district are altered, the provisions of section seven of the principal Act, with the necessary modifications, shall apply to that district for the purposes of the election of members of the Licensing Committee, as if that district were a city licensing district.
39 Power to redefine licensed premises.
The principal Act is hereby amended by inserting, after section two hundred and ninety-one, the following section:
“291a
“(1)
The Licensing Committee may from time to time, by certificate, redefine any licensed premises by excluding therefrom any land, or any building or any part of any building, that is not being used or is not intended to be used for the purpose for which the licence was granted, or by including therein any land, or any building or any part of any building, that is being or is intended to be used for that purpose.
“(2)
Every such certificate shall take effect from the date thereof or from such other date, whether before or after the date of the certificate, as may be specified therein.
“(3)
Any such certificate may be expressed to have effect until such date as may be specified therein. Except when a date is so specified, the certificate shall, while it remains in force, have effect daring the currency of the licence and of any renewal thereof unless it is varied under subsection four of this section.
“(4)
Any such certificate may at any time be revoked by the Licensing Committee, or may from time to time be varied by it so as to have effect until such date as may be specified by the Committee.
“(5)
The Clerk of the Licensing Committee shall record in Part II of the Register of Licences particulars of every certificate issued under this section, and of every revocation or variation of any such certificate.
“(6)
While any certificate under this section continues in force, the licence in respect of the premises shall be deemed to have been granted in respect of the licensed premises as redefined by the certificate.
Serial numbers 1940/141 1942/301
“(7)
Any certificate issued by the Minister, before the commencement of this section, under the Licensing Act Emergency Regulations 1940, declaring that any part of any premises shall not be licensed premises, being a certificate in force at the commencement of this section, shall be deemed to be a certificate issued under this section by the Licensing Committee, and shall continue in force until it is revoked by the Licensing Committee.”
40 Section 19 of Public Works Amendment Act 1948 (as to disposal of licences acquired by the Crown) amended.
1948, No. 39
(1)
Section nineteen of the Public Works Amendment Act 1948 is hereby amended by inserting in subsection two, after paragraph (c), the following paragraph:
“(cc)
Any certificate issued before the date of the commencement of this section by the Minister of Justice under the Licensing Act Emergency Regulations 1940, declaring a licence in respect of the premises to be suspended, being a certificate in force at that date, shall be deemed, notwithstanding that the licence may have been acquired after that date, to be a certificate issued under paragraph (c) of this subsection, and shall continue in force until it is revoked under that paragraph.”
Serial numbers 1940/141 1942/301
(2)
The Licensing Act Emergency Regulations 1940 and the Licensing Act Emergency Regulations 1940, Amendment No. 1, are hereby revoked.
41 Amending provisions as to exemptions by Licensing Control Commission from provisions as to entertainments.
1948, No. 74
(1)
Section sixty-seven of the Licensing Amendment Act 1948 is hereby amended by inserting, after subsection three, the following subsection:
“(3a)
Where at any time, whether before or after the commencement of this subsection, any exemption has been granted under subsection three of this section to the holder of any tourist house licence, and a publican’s licence has subsequently been granted, whether before or after the commencement of this subsection, in respect of the same premises, the Commission may continue in force in respect of the licensed premises, or regrant to the holder of the publican’s licence, any exemption under the said subsection three, if the Commission is satisfied that the licensed premises will continue to be used substantially for the accommodation of tourists and that in the locality in which the licensed premises are situated no other facilities are reasonably available for the enjoyment by guests of the things to which the exemption relates. For the purposes of this subsection, the provisions of the said subsection three shall apply with the necessary modifications.”
(2)
Where at any time before or after the passing of this Act a publican’s licence or an accommodation licence has been granted in respect of any accommodation house or guest house or private hotel, the Licensing Control Commission may from time to time exempt the holder of the licence from the provisions of section one hundred and sixty-four of the principal Act so far as they relate to dancing, concerts, or theatrical entertainments, or from the provisions of section one hundred and ninety of the principal Act so far as they relate to the playing of billiards or bagatelle or other games, if the Commission is satisfied that the licensed premises will continue to be used substantially for the accommodation of tourists and that in the locality in which the licensed premises are situated no other facilities are reasonably available for the enjoyment by guests of the things to which the exemption relates. Any such exemption shall be in writing, and may be granted subject to such conditions and restrictions as the Commission thinks fit, and may be in like manner varied or revoked at any time.
42 Repeals.
The following enactments are hereby repealed, namely:
(a)
Section forty-two of the Licensing Amendment Act 1910, and the First and Fifth Schedules to that Act:
Ibid., p. 367
(b)
Section four and subsections one to three of section six of the Licensing Amendment Act 1914:
Ibid., p. 372
(c)
Sections four to six of the Sale of Liquor Restriction Act 1917:
Ibid., p. 374
(d)
Subsection three of section one, sections two to fifty-five, and section sixty of the Licensing Amendment Act 1918, and Form No. 1 in the Schedule to that Act.
SCHEDULES
FIRST SCHEDULE King Country Area
Section 2(1)
All that area situated in the Auckland, Wellington, and Taranaki Land Districts, bounded by a line commencing at a point on the shore of Aotea Harbour in line with the north-western boundary of Moerangi No. 3a Block, in Block XIII, Karioi Survey District; thence proceeding north-easterly to and along that boundary and the generally north-western boundaries of Moerangi Nos. 3b 1, 3b 2c 2, and 3b 2a Blocks, Sections 14, 13, and 12, Block XIV, Karioi Survey District, Sections 1 and 2, Block XV, Karioi Survey District, Sections 7 and 8, Block XI, Karioi Survey District, Section 3, Block IX, Alexandra Survey District, and Moerangi Nos. 1a 2 and 1a 1 Blocks; thence south-easterly along the generally north-eastern boundaries of Moerangi Nos. 1a 1, 1b 2a, 1e 4, 1e 5, 1d, and 4 Blocks to Tahuanui Trig. Station in Block II, Pirongia Survey District; thence along a right line to Trig. Station 1922 (Mahaukura) in Block III, Pirongia Survey District; thence easterly along the northern boundaries of Mangauika B 2 Section 2 Block, Sections 5, 3, and 2, Block III, aforesaid, Sections 8 and 2, Block IV, Pirongia Survey District, and Mangauika B 1a 1 Block to the Waipa River; thence down the Waipa River to and up the Puniu River to and up the Owairaka Stream to a point due west of Trig. Station No. 1303 (Anakaitangata) in Block XV, Maungatautari Survey District; thence due east to that trig. station; thence south-easterly along the north-eastern boundaries of Lot 1, Deposited Plan No. 7300, and Section 1, Block XV, Maungatautari Survey District, and the production of the last-mentioned boundary to the middle of the Waikato River; thence up the middle of that river to a point in line with the western boundary of Tatua West Block; thence southerly along the western boundary of that block, the western boundary of Whangamata Block, and along a right line across Lake Taupo to the middle of the mouth of the Tauranga River; thence up the middle of that river to its source, and along a right line to Waione Trig. Station in the Kaimanawa Mountains; thence south-westerly generally along the summit of the Kaimanawa Mountains to and along the summit of the watersheds between the upper reaches of the Waikato and Moawhango Rivers and the Waikato and Whangaehu Rivers, and a right line due south to the source of the Whangaehu River; thence down the middle of that river to a point in line with the eastern boundary of Section 1, Block VII, Mangawhero Survey District; thence to and along that boundary, the north-eastern, northern, and western boundaries of Section 6, Block VII, aforesaid, and the western boundary of the said Section 1, to Totara Trig. Station; thence south-westerly along the north-western boundaries of the said Section 1, Section 4, and part Section 1, Block VI, Mangawhero Survey District, and the production of the last-mentioned boundary to the middle of the Mangawhero River; thence down the middle of that river to and up the middle of the Mangahowi Stream to its intersection by the south-western boundary of Section 7, Block I, Mangawhero Survey District; thence north-westerly generally along the south-western boundary of the said Section 7 and the production of the last-mentioned boundary to the middle of Te Komai Road; thence southerly along the middle of that road to a point in line with the north-western boundary of Section 1, Block VIII, Waipakura Survey District; thence to and along that boundary, the northern and north-western boundaries of Section 2, and the north-western boundaries of Sections 3 and 4, all of Block VIII aforesaid, to the Upokonui Stream; thence down that stream and the Upokongaro Stream to the north-eastern boundary of Pukenui 5d Block, in Block XI, Waipakura Survey District; thence north-westerly along that boundary and the north-eastern boundaries of Pukenui Nos. 4, 3, 2a, and 2b Blocks; thence south-westerly generally along the northern and north-western boundaries of Pukenui Nos. 2b and 1 Blocks and the production of the last-mentioned boundary to the middle of the Wanganui River; thence down the middle of that river to and up the middle of the Kauarapaoa Stream to and along the generally northern boundary of Kauarapaoa Block to and along the generally southern and western boundaries of Sections 3 and 2, Block XVI, Momahaki Survey District; thence along the generally north-western boundary of Section 4, the generally western boundaries of Sections 6 and 7, all of Block XVI aforesaid, the generally south-western boundary of Section 2, Block XII, Momahaki Survey District, the generally western and northern boundaries of Section 16 (E.R.), Blocks XII and VIII, Momahaki Survey District, and the north-western boundary of Section 18, Block VIII aforesaid, to and down the Rangitatau Stream to and up the Otaupari Stream to and along the south-western boundaries of Section 9, an unsurveyed Maori block, again Section 9, and Section 8, all of Block IV, Momahaki Survey District, to the southern boundary of the said Section 8; thence westerly along the generally southern boundaries of Section 8 aforesaid, Sections 4, 5, and 3, Block III, Momahaki Survey District, Sections 5, 6, 4, and 3, Block IV, Kapara Survey District, to Taurakawau Trig. Station; thence north-westerly along a right line to Rakautihitihi Trig. Station and a right line to Tawanui Trig. Station; thence westerly generally along the southern boundary of Section 10, Block III, Kapara Survey District, to and down the Tunapoto Stream to the Pokeka Stream; thence down that stream to and up the Waitotara River to its confluence with the Omaru Stream; thence northerly generally along a right line to the middle of Omaru Road, and along the middle of that road and Puteore Road and a right line to and along the western and north-western boundaries of Section 8, Block II, Taurakawa Survey District, and the south-eastern boundaries of Sections 1 and 6, Block II aforesaid, to Mount Humphries Trig. Station; thence north-westerly along the north-eastern boundaries of Section 6 aforesaid, Sections 2, 3, 4, and 5, Block XIV, Mahoe Survey District, Sections 6, 1, 9, and 19, Block XIII, Mahoe Survey District, Sections 18, 17, and 16, Block XVI, Ngatimaru Survey District, to the Mangaehu Stream; thence up the Mangaehu Stream to and along the south-eastern boundary of Lot 17, Deposited Plan No. 403, part Pohokura Block, to the easternmost point of that lot; thence easterly along a right line to the confluence of the Wanganui and Tangarakau Rivers; thence up the middle of the Wanganui River to the Paparoa Stream at the south-western boundary of Section 4, Block IV, Heao Survey District; thence up that stream to and along the generally southern boundaries of Section 3, Block IV aforesaid, Section 1, Block III, Heao Survey District, Ohura South Part K 1 Section 2c 4 Block, Sections 16 and 3, Block II, Heao Survey District, Ohura South Parts K 1 Section 2c 1, K 1 Section 2c 5, and K 1 Section 2c 4 Blocks; thence northerly along the generally western boundaries of Ohura South Part K 1 Section 2c 4 aforesaid, and Section 7, Block XIII, Ohura Survey District, to the westernmost point of the said Section 7; thence westerly along a right line to Peneta Trig. Station in Section 3, Block XVI, Waro Survey District; thence along a right line bearing 300° to the Taranaki confiscation boundary line; thence north-easterly and westerly along that boundary line to the sea coast; thence northerly generally along the sea coast to and along the generally western and northern shores of Aotea Harbour to the point of commencement; and including all adjacent islands:
Excluding, however, from the above-described area all that area bounded by a line commencing at a point on the shore of Lake Taupo at its junction with the right bank of the Tokaanu River; thence proceeding easterly along the shore of Lake Taupo to a point due north of Manganamu Trig. Station situated in Section 7, Block X, Puketi Survey District; thence due south to the said Trig. Station; thence due west to the right bank of the Tokaanu River; thence down the right bank of that river to its junction with the shore of Lake Taupo, being the point of commencement.
SECOND SCHEDULE Johnsonville Area
Section 8(1)
All that area situated in the Wellington Land District and bounded by a line commencing at a point on the sea coast in line with the southern boundary of Wairere No. 1 Block in Block I, Belmont Survey District; thence proceeding easterly to and along that boundary and the southern boundary of Wairere No. 2 Block to the western boundary of Porirua Asylum Reserve; thence along the generally western, southern, and eastern boundaries of that reserve to the northern boundary of Section 57, Porirua District; thence easterly along that boundary to the Wellington-Porirua Road; thence southerly generally along that road to a point in line with the northern boundary of Section 50, Porirua District; thence easterly generally along the northern and eastern boundaries of the said Section 50 to and along the northern boundary of Section 6, Tukapu District; thence southerly along the eastern boundaries of the said Section 6 and Sections 4, 3, 2, and 1, Tukapu District, and Sections 38, 19, 18, 17, 13, 10, and 8, all of Horokiwi Road District; thence easterly along the northern boundaries of Section 7, Horokiwi Road District, and Section 78, Hutt District, to the Korokoro Stream; thence southerly generally down that stream to and along the eastern boundary of the said Section 78 and the north-eastern boundary of Section 19, Harbour District, and the production of the last-mentioned boundary to the shore of Port Nicholson; thence south-westerly along the shore of Port Nicholson to its intersection with the extension of the middle line of Baker Street in the City of Wellington; thence westerly generally to and along the middle of Baker Street, Watt Street, the old Wadestown Tram Road, Sefton Street, and Wadestown Road to and along the generally northern boundary of the Wellington Town Belt to and along the north-eastern boundary of Section 2, Kaiwarra District, and its production to the middle of the Kaiwharawhara Stream; thence up the middle of that stream to a point in line with the south-western boundary of Subdivision VIII, Otari Maori Reserve; thence to and along that boundary to the western corner of the said Subdivision VIII; thence along the north-western boundaries of the said Subdivision VIII, and Subdivisions VII, VI, V, IV, III, II, and I, Otari Maori Reserve; thence along the south-western and north-western boundaries of Section 7, Kaiwarra District, to the south-western boundary of Section 9, Kaiwarra District; thence north-westerly along the south-western boundary of Section 9 aforesaid to the south-eastern boundary of Section 128, Ohariu District; thence south-westerly generally along the south-eastern and south-western boundaries of the said Section 128 and the south-eastern boundaries of Section 129, Ohariu District; thence north-westerly generally along the south-western and north-western boundaries of Sections 55 and 103, parts of the north-western and south-western boundaries of Section 101, the south-western boundaries of Sections 100, 78, and 75, the north-western boundaries of Sections 75 and 74, part of the south-western boundary of Section 73, and the south-western boundary of Section III and its production to the sea coast, all the aforesaid sections being in Block III, Port Nicholson Survey District; thence north-easterly along the sea coast to a point in line with the southern boundary of Wairere No. 1 Block, being the point of commencement.
THIRD SCHEDULE Porirua Area
Section 9(1)
All that area situated in the Wellington Land District and bounded by a line commencing at a point on the sea coast in line with the southern boundary of Wairere No. 1 Block in Block I, Belmont Survey District; thence proceeding easterly to and along that boundary and the southern boundary of Wairere No. 2 Block to the western boundary of Porirua Asylum Reserve; thence along the generally western, southern, and eastern boundaries of that reserve to the northern boundary of Section 57, Porirua District; thence easterly along that boundary to the Wellington–Porirua Road: thence southerly generally along that road to a point in line with the northern boundary of Section 50, Porirua District; thence easterly generally along the northern and eastern boundaries of the said Section 50 to and along the northern boundary of Section 6, Tukapu District; thence southerly along the eastern boundaries of the said Section 6, Sections 4, 3, 2, and 1, Tukapu District, and Sections 38, 19, 18, 17, 13, 10, and 8, all of Horokiwi Road District; thence easterly along the northern boundaries of Section 7, Horokiwi Road District, and Section 78, Hutt District, to the Korokoro Stream; thence down that stream to the eastern boundary of Section 78, Hutt District; thence northerly along that boundary to the north-western corner of Section 79, Hutt District; thence easterly along the northern boundary of that section to the westernmost corner of Section 20, Hutt District; thence north-easterly along the north-western boundaries of Sections 20, 24, 28, and 75, Hutt District; thence south-easterly and easterly along the north-eastern and northern boundaries of Section 75 aforesaid, and the production of the last-mentioned boundary to the Wellington–Wairarapa Railway Line; thence north-easterly along that railway line to the Silverstream Railway Bridge; thence up the Hutt River to Wakatikei Road; thence northerly along that road to its intersection with the Wakatikei River near the southernmost corner of Section 5, Block XIII, Akatarawa Survey District; thence up the Wakatikei River to a point in line with the northern boundary of Section 2, Block IX, Akatarawa Survey District; thence to and along the northern boundaries of the said Section 2 and Sections 6, 5, 4, 3, and 2, Block VII, Paekakariki Survey District; thence northerly along the eastern boundaries of Sections 64 and 66, Block VII aforesaid, to and along the south-western boundary of the Wainui Forest Reserve to its intersection by a right line being the production easterly of the southern boundary of Tunupo Block; thence westerly along the said right line to the easternmost corner of Tunupo Block; thence north-westerly along the north-eastern boundary of Tunupo Block and its production to the sea coast; thence south-westerly generally along the sea coast crossing the mouths of all rivers and inlets to a point in line with the southern boundary of Wairere No. 1 Block, being the point of commencement; and including Mana Island.
FOURTH SCHEDULE KING COUNTRY POLL
Section 2(2)
Voting Paper No. 1—(Poll to determine whether liquor should be sold in the King country)
Note.—The voter should also mark Voting Paper No 2.
| I vote for the sale of liquor | |
| I vote against the sale of liquor |
Directions
The voter must strike out one line, leaving untouched the line which shows the way he wishes to vote.
If the voter strikes out both lines or fails to strike out one of the lines, the voting paper will be void, and his vote will not be recorded.
The voting paper so marked is to be folded up so that the contents cannot be seen, and placed by the voter in the ballot box, or (in the case of an absentee vote) handed back to the Deputy Returning Officer.
The voter is not allowed to take this voting paper out of the polling booth.
KING COUNTRY POLL
Voting Paper No. 2—(Poll to determine, if the proposal for the sale of liquor set out in Voting Paper No. 1 is carried, whether the King country should be a licensing Trust district or districts, or whether licences should be issued under the Licensing Act).
Note.—The voter should also mark Voting Paper No. 1.
| I vote for Trust control | |
| I vote for licences under the Licensing Act |
Directions
The voter must strike out one line, leaving untouched the line which shows the way he wishes to vote.
If the voter strikes out both lines or fails to strike out one of the lines, the voting paper will be void, and his vote will not be recorded.
The voting paper so marked is to be folded up so that the contents cannot be seen, and placed by the voter in the ballot box, or (in the case of an absentee vote) handed back to the Deputy Returning Officer.
The voter is not allowed to take this voting paper out of the polling booth.
FIFTH SCHEDULE
Section 8(2), 9(2)
JOHNSONVILLE [or PORIRUA] POLL
Voting Paper No. 1—(Poll to determine whether liquor should be sold in the Johnsonville [or the Porirua] area)
Note.—The voter should also mark Voting Paper No. 2.
| I vote for local restoration | |
| I vote against local restoration |
Directions
The voter must strike out one line, leaving untouched the line which shows the way he wishes to vote.
If the voter strikes out both lines or fails to strike out one of the lines, the voting paper will be void, and his vote will not be recorded.
The voting paper so marked is to be folded up so that the contents cannot be seen, and placed by the voter in the ballot box, or (in the case of an absentee vote) handed back to the Deputy Returning Officer.
The voter is not allowed to take this voting paper out of the polling booth.
JOHNSONVILLE [or PORIRUA] POLL
Voting Paper No. 2—(Poll to determine, if the proposal for local restoration set out in Voting Paper No 1 is carried, whether the whole area should be a licensing Trust district, or whether licences should be issued under the Licensing Act)
Note.—The voter should also mark Voting Paper No. 1.
| I vote for Trust control | |
| I vote for licences under the Licensing Act |
Directions
The voter must strike out one line, leaving untouched the line which shows the way he wishes to vote.
If the voter strikes out both lines or fails to strike out one of the lines, the voting paper will be void, and his vote will not be recorded.
The voting paper so marked is to be folded up so that the contents cannot be seen, and placed by the voter in the ballot box, or (in the case of an absentee vote) handed back to the Deputy Returning Officer.
The voter is not allowed to take this voting paper out of the polling booth.
SIXTH SCHEDULE
Section 14(3)
POLL IN SPECIAL AREA OF [Name of Area]
Voting Paper No. 1—(Poll to determine whether licences should be issued under the Licensing Act)
Note.—The voter should also mark Voting Paper No. 2.
| I vote for the issue of licences | |
| I vote against the issue of licences |
Directions
The voter must strike out one line, leaving untouched the line which shows the way he wishes to vote.
If the voter strikes out both lines or fails to strike out one of the lines, the voting paper will be void, and his vote will not be recorded.
The voting paper so marked is to be folded up so that the contents cannot be seen, and placed by the voter in the ballot box, or (in the case of an absentee vote) handed back to the Deputy Returning Officer.
The voter is not allowed to take this voting paper out of the polling booth.
POLL IN SPECIAL AREA OF [Name of Area]
Voting Paper No. 2—(Poll to determine, if the proposal for the issue of licences set out in Voting Paper No. 1 is carried, whether the licences should be granted to a local Trust under the Licensing Act)
Note.—The voter should also mark Voting Paper No. 1.
| I vote for Trust control | |
| I vote against Trust control |
Directions
The voter must strike out one line, leaving untouched the line which shows the way he wishes to vote.
If the voter strikes out both lines or fails to strike out one of the lines, the voting paper will be void, and his vote will not be recorded.
The voting paper so marked is to be folded up so that the contents cannot be seen, and placed by the voter in the ballot box, or (in the case of an absentee vote) handed back to the Deputy Returning Officer.
The voter is not allowed to take this voting paper out of the polling booth.
SEVENTH SCHEDULE Fees Payable for Wine Makers’ Licences
Section 24(4)
Where the total quantity intended to be manufactured by the licensee in the year of the currency of his licence, including wine manufactured for any purpose as well as wine manufactured for sale,—
| £ | |
|---|---|
| (a) Does not exceed 500 gallons | 2 |
| (b) Exceeds 500 gallons but does not exceed 1,000 gallons | 5 |
| (c) Exceeds 1,000 gallons | 10 |
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Licensing Amendment Act (No. 2) 1953
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