Sale and Supply of Alcohol Act 2012

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5 Interpretation

(1)

In this Act, unless the context otherwise requires,—

airport bar means premises that—

(a)

are within or attached to an airport; and

(b)

are used or intended to be used in the course of business principally for selling or supplying alcohol to air travellers arriving at or departing from the airport

alcohol means a substance—

(a)

that—

(i)

is or contains a fermented, distilled, or spirituous liquor; and

(ii)

at 20°C is found on analysis to contain 1.15% or more ethanol by volume; or

(b)

that—

(i)

is a frozen liquid, or a mixture of a frozen liquid and another substance or substances; and

(ii)

is alcohol (within the meaning of paragraph (a)) when completely thawed to 20°C; or

(c)

that, whatever its form, is found on analysis to contain 1.15% or more ethanol by weight in a form that can be assimilated by people

alcohol area, in relation to a single-area condition, means the area described in the condition

alcohol-inclusive matter means any of the following:

(a)

entry into any premises where alcohol is or is to be supplied free:

(b)

participation in or presence at or during any event, activity, or function held or to be held on any premises where alcohol is or is to be supplied free:

(c)

carriage on, or participation in or presence at or during any event, activity, or function held or to be held on, a conveyance where alcohol is or is to be supplied free

alcohol-related harm—

(a)

means the harm caused by the excessive or inappropriate consumption of alcohol; and

(b)

includes—

(i)

any crime, damage, death, disease, disorderly behaviour, illness, or injury, directly or indirectly caused, or directly or indirectly contributed to, by the excessive or inappropriate consumption of alcohol; and

(ii)

any harm to society generally or the community, directly or indirectly caused, or directly or indirectly contributed to, by any crime, damage, death, disease, disorderly behaviour, illness, or injury of a kind described in subparagraph (i)

amenity and good order of the locality, in relation to an application for or for the renewal of a licence, means the extent to which, and ways in which, the locality in which the premises concerned are situated is (or, in the case of a conveyance, the localities where the conveyance is likely to travel are) pleasant and agreeable

any relevant local alcohol policy, in relation to any premises, a licence for any premises, or an application for a licence for any premises, at any time, means those elements (if any) of any local alcohol policy then in force that relate to the part of the district where the premises are

approved evidence of age document—

(a)

means a document of a kind approved by regulations made under this Act for the purposes of this definition; and

(b)

in relation to a person, means an evidence of age document relating to the person

approved evidence of age system means a system of a kind approved by regulations made under this Act for the purposes of this definition; and using an approved evidence of age system in the approved manner means using an approved evidence of age system in the manner approved for it by the regulations that approved the system

banned alcohol product means a product—

(a)

declared by regulations made under this Act to be a banned product; or

(b)

of a kind declared by regulations made under this Act to be banned products

bar, in relation to a hotel or tavern, means a part of the hotel or tavern used principally or exclusively for the sale or consumption of alcohol

building code has the meaning given by section 7 of the Building Act 2004

chief executive means the chief executive of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

club means a body that—

(a)

is a body corporate having as its object (or as one of its objects) participating in or promoting a sport or other recreational activity, otherwise than for gain; or

(b)

is a body corporate whose object is not (or none of whose objects is) gain; or

(c)

holds permanent club charter

community trust means a trust—

(a)

established under section 357 of this Act or section 219G of the Sale of Liquor Act 1989; or

(b)

resulting from the amalgamation of 2 or more community trusts under section 385 of this Act or section 219Z of the Sale of Liquor Act 1989

company means a body corporate—

(a)

registered under Part 2, 18, or 19 of the Companies Act 1993; or

(b)

reregistered under that Act in accordance with the Companies Reregistration Act 1993

condition, in relation to a licence, includes the designation (under this Act or a former licensing Act) of an area of the premises as—

(a)

an area to which minors must not be admitted; or

(b)

an area to which minors must not be admitted unless accompanied by a parent or guardian

conveyance—

(a)

means an aircraft, coach, ferry, hovercraft, ship, train, or other vehicle, used to transport people; and

(b)

includes part of a conveyance

deliver, in relation to any alcohol, includes arrange for it to be delivered

distil includes produce by fractional thawing

district, in relation to a territorial authority, has the meaning given by section 5(1) of the Local Government Act 2002

elector has the same meaning as in section 5(1) of the Local Electoral Act 2001

electoral officer has the same meaning as in section 5(1) of the Local Electoral Act 2001

event includes an occasion and a gathering, and any of a series of events

exempt person, in relation to licensed premises to whose licence a one-way door restriction applies,—

(a)

means a person who—

(i)

is the licensee; or

(ii)

is the licensee’s spouse, civil union partner, or de facto partner; or

(iii)

is a manager; or

(iv)

is a manager’s spouse, civil union partner, or de facto partner; or

(v)

is a member of the immediate family of the licensee or a manager; or

(vi)

during the hours he or she is employed to work on the premises, and for 60 minutes after those hours have ended, is an employee of the licensee who does not live on the premises; or

(vii)

is an agent of the licensee, or acting under a contract with the licensee or a manager, and has the authority of the licensee or a manager to enter the premises at that time—

(A)

to clean, repair, or restock the premises (or any equipment in them); or

(B)

to check or remove cash; or

(viii)

is a person who has the authority of the licensee or a manager to enter the premises to remove equipment (for example, band equipment); or

(ix)

is an employee of the licensee who lives on the premises; or

(x)

is a person who—

(A)

lives or lodges in the building in which licensed premises are situated; and

(B)

is a tenant, lodger, or employee of the licensee; or

(xi)

is a genuine guest of a person who—

(A)

is a person of a kind described in subparagraph (x); and

(B)

is on the premises; and

(b)

at any particular time, includes a person who,—

(i)

at that time, is authorised by an enactment other than this Act to enter the premises; or

(ii)

enters the premises to deal with an emergency occurring at that time

fire service means the New Zealand Fire Service established by section 3 of the Fire Service Act 1975

former licensing Act means an enactment—

(a)

that is the Sale of Liquor Act 1989; or

(b)

that was repealed by a former licensing Act

freely available to customers, in relation to water, means—

(a)

supplied free in clean drinking vessels on request; or

(b)

available free in larger containers from which it may easily be poured or drawn by customers, together with clean drinking vessels that are also available free nearby; or

(c)

available free from a tap to which customers have easy access, together with clean drinking vessels that are also available free nearby

generally accepted accounting practice has the same meaning as in section 8 of the Financial Reporting Act 2013

grocery store has the meaning given by section 33(1)

guardian means guardian in accordance with section 246

hotel means premises used or intended to be used in the course of business principally for providing to the public—

(a)

lodging; and

(b)

alcohol, meals, and refreshments for consumption on the premises

ingredient, in relation to a product, means any substance forming part of the product, whether added to the product or inherent in it

inspector means an inspector appointed under section 197(1); and,—

(a)

in relation to premises that are not a conveyance, means an inspector appointed by the chief executive of the territorial authority in whose district the premises are situated; and

(b)

in relation to a conveyance, means an inspector appointed by the chief executive of the territorial authority in whose district the principal place of business in New Zealand of the applicant or licensee (as the case may be) is situated

intoxicated means observably affected by alcohol, other drugs, or other substances (or a combination of 2 or all of those things) to such a degree that 2 or more of the following are evident:

(a)

appearance is affected:

(b)

behaviour is impaired:

(c)

co-ordination is impaired:

(d)

speech is impaired

licence—

(a)

means a licence issued under this Act that is in force; and

(b)

in relation to any licensed premises, means the licence issued for them (or, in the case of premises that 2 or more licences have been issued for, any of those licences)

licensed premises means any premises for which a licence is held

licensee—

(a)

means a person who holds a licence; and

(b)

in relation to any licensed premises, means the person who holds the licence concerned

licensee’s alcohol means alcohol of which the licensee is the manufacturer or a distributor, importer, or wholesaler

licensing authority means the Alcohol Regulatory and Licensing Authority continued in existence by section 169(1)

licensing committee—

(a)

means a licensing committee appointed under section 186; and

(b)

in relation to any premises, or any application relating to any premises, means the licensing committee for the district in which the premises are situated; and

(c)

in relation to a licence or manager’s certificate, means the licensing committee that issued it

licensing trust means an entity established under section 300(1)

liqueur means a substance, produced by flavouring or mixing spirit with other foods, that contains more than 15% ethanol by volume measured at 20°C

local alcohol policy—

(a)

means a policy, in force under section 90, relating to the sale, supply, or consumption of alcohol (or to 2 or all of those matters) within the district of a territorial authority or the districts of 2 or more territorial authorities; and

(b)

in relation to a territorial authority, means a policy, in force under section 90, relating to the sale, supply, or consumption of alcohol (or to 2 or all of those matters) within its district or the districts of 2 or more territorial authorities that include it

manager—

(a)

means a manager of licensed premises appointed under this Act; and

(b)

in relation to any licensed premises, means a manager of those premises

Medical Officer of Health has the meaning given by section 2(1) of the Health Act 1956

member, in Part 3, means a member of a licensing trust

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of this Act

minor means a person who is under the age of 18 years

objector—

(a)

means a person who has filed an objection under this Act; and

(b)

in relation to an application made under this Act, means a person who has filed an objection to it under this Act

one-way door restriction, in relation to a licence, is a requirement that, during the hours stated in the restriction,—

(a)

no person is to be admitted (or re-admitted) into the premises unless he or she is an exempt person; and

(b)

no person who has been admitted (or re-admitted) into the premises while the restriction applies to the licence is to be sold or supplied with alcohol

permanent club charter means a charter, granted under section 260(3) of the Licensing Act 1908 (or a corresponding provision of any earlier former licensing Act), that was in force immediately before the commencement of this section

permitted trading hours, in relation to any licensed premises,—

(a)

while a special licence applies to the premises, means the hours stated in the licence; and

(b)

in any other case, means the trading hours permitted for the premises that are stated in section 44 or 45; and

(c)

in the case of an RNZRSA club to which section 47A applies, includes the hours specified in section 47A(2)

Police means the New Zealand Police

premises—

(a)

includes a conveyance; and

(b)

includes part of any premises; and

(c)

in relation to a licence, means the premises it was issued for

principal business, in relation to the business carried on or to be carried on in any premises, means principal business as ascertained, assessed, or calculated by a means for the time being prescribed by regulations made under this Act for the purposes of this definition

principal entrance, in relation to licensed premises, means an entrance to the premises designated as the principal entrance by the licensing authority or licensing committee concerned when the licence was issued

product includes a substance that is not manufactured, but arises naturally

public notice, in a provision of this Act, means a notice published as required for the purposes of the provision (or of several provisions including it) by regulations made under this Act

purchase age, in relation to the sale or purchase of alcohol on licensed premises, means the age of 18 years

remote sale, in relation to alcohol, means a sale pursuant to a contract that—

(a)

has been entered into (using the Internet, by telephone or mail order, or in any other way) between—

(i)

a seller who holds an off-licence; and

(ii)

a person (whether the buyer or a person acting on the buyer’s behalf) who is at a distance from the premises where the seller entered into the contract; and

(b)

contains a term providing for the alcohol to be delivered to the buyer (or to a person or place nominated by the buyer) by or on behalf of the seller

restaurant means premises that—

(a)

are not a conveyance; and

(b)

are used or intended to be used in the course of business principally for supplying meals to the public for eating on the premises

restricted alcohol product means a product—

(a)

declared by regulations made under this Act to be a restricted product; or

(b)

of a kind declared by regulations made under this Act to be restricted products

restricted area—

(a)

means an area that is designated (under section 119 or a corresponding provision of a former licensing Act) as an area to which minors must not be admitted; and

(b)

in relation to any licensed premises or the licensee or a manager of any licensed premises, means an area of those premises that is designated (under this Act or a former licensing Act) as an area to which minors must not be admitted

RNZRSA means the Royal New Zealand Returned and Services’ Association that is incorporated under the Incorporated Societies Act 1908 and is registered as a charity under the Charities Act 2005

RNZRSA club means a club that is a member or an affiliate of RNZRSA

secretary, in relation to a licensing trust or a community trust, means the secretary of the trust

sell, in relation to alcohol, includes—

(a)

charge a fee (however described, and whether an entry fee, a ticket price, or a payment of any other kind) for an alcohol-inclusive matter; and

(b)

require, ask for, or (expressly or by implication) suggest the making of a koha or other donation (whether to be made before, after, or during the entry event, activity, or function concerned) in relation to an alcohol-inclusive matter

single-area condition means a condition under section 112(2)

special consultative procedure has the meaning given by section 5(1) of the Local Government Act 2002

spirit means a potable alcoholic distillate, including whisky, brandy, rum, gin, vodka, and tequila, that contains at least 23% ethanol by volume measured at 20°C, produced by distillation of fermented liquor derived from food sources, so as to have the taste, aroma, and other characteristics generally attributable to that particular spirit

supervised area—

(a)

means an area that is designated (under section 119 or a corresponding provision of a former licensing Act) as an area to which minors must not be admitted unless accompanied by a parent or guardian; and

(b)

in relation to any licensed premises or the licensee or a manager of any licensed premises, means an area of those premises that is designated (under this Act or a former licensing Act) as an area to which minors must not be admitted unless accompanied by a parent or guardian

tavern—

(a)

means premises used or intended to be used in the course of business principally for providing alcohol and other refreshments to the public; but

(b)

does not include an airport bar

temporary authority means a temporary authority order issued and in force under this Act

territorial authority—

(a)

has the meaning given by section 5(1) of the Local Government Act 2002; and

(b)

in relation to any premises, means the territorial authority within whose district the premises are situated

verified the customer’s age means, in a manner of a kind described by regulations made under this Act for the purposes of this definition, ascertained that the customer appears to be of or over the purchase age

wine, except in section 58(3), means a product that is grape wine or fruit or vegetable wine within the meaning of section 58(3)

working day means a day that is not—

(a)

a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s Birthday, or Labour Day; or

(b)

a day in the period commencing on 20 December in one year and ending with 15 January in the next year.

(2)

Any term or expression that is defined in the Local Electoral Act 2001 and used in any of sections 300 to 396 (which relate to licensing trusts and community trusts), but not defined in this Act, has the same meaning as in the Local Electoral Act 2001.

Compare: 1989 No 63 s 2

Section 5(1) approved financial reporting standard: repealed, on 1 April 2014, by section 126 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

Section 5(1) generally accepted accounting practice: replaced, on 1 April 2014, by section 126 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

Section 5(1) permitted trading hours paragraph (b): amended, on 14 April 2016, by section 4(2) of the Sale and Supply of Alcohol (Anzac Day Trading Hours for Licensed RNZRSA Clubs) Amendment Act 2016 (2016 No 15).

Section 5(1) permitted trading hours paragraph (c): inserted, on 14 April 2016, by section 4(2) of the Sale and Supply of Alcohol (Anzac Day Trading Hours for Licensed RNZRSA Clubs) Amendment Act 2016 (2016 No 15).

Section 5(1) RNZRSA: inserted, on 14 April 2016, by section 4(1) of the Sale and Supply of Alcohol (Anzac Day Trading Hours for Licensed RNZRSA Clubs) Amendment Act 2016 (2016 No 15).

Section 5(1) RNZRSA club: inserted, on 14 April 2016, by section 4(1) of the Sale and Supply of Alcohol (Anzac Day Trading Hours for Licensed RNZRSA Clubs) Amendment Act 2016 (2016 No 15).