(1) Any person may apply to the Authority for an approval that would, but for this Part, be required by or under another enactment or a statutory planning instrument for an activity or a facility reasonably necessary for the proper conduct of the Rugby World Cup 2011.

(2) Applications may also be made to the Authority to declare, in relation to a specified location or area, that a specified activity or facility, or class of activity or facility, is a Rugby World Cup permitted activity.

(3) An application for a declaration may be made only by the relevant statutory person or body.

(4) A declaration may relate only to an activity or facility, or class of activity or facility, that is reasonably necessary for the proper conduct of the Rugby World Cup 2011.

(5) A person who holds an approval or a declaration granted under this Part may apply to the Authority for a change to any conditions of the approval or declaration.

(6) A person who holds an approval granted under any other enactment may apply to the Authority for a change to any conditions of the approval.

(7) An application may not be made under subsection (5) or (6) unless the change sought is reasonably necessary for the proper conduct of the Rugby World Cup 2011.

(1) Applications may be made for test approvals or declarations relating to a test event.

(2) A test approval or declaration may be granted—

• (a) subject to any conditions that the Authority considers appropriate; and

• (b) for a specified term, which must not exceed the time required for the specified test event, in order to test the adequacy of the activity or facility.

(3) A person who holds a test approval or declaration may apply to the Authority for a change to the conditions of a test approval or declaration.

(4) The provisions of this Part (other than section 19) apply, with any necessary modifications, to an application under this section as if it were an application made under section 16.

(5) In this Part,—

Applications for approvals and declarations under section 16 or 17 must be—

• (a) made in writing, in the form and manner prescribed by regulations or as approved by the Authority; and

• (b) lodged for registration with the administrative secretariat; and

• (c) accompanied by—

  • (i) the information required by section 19 or 20, as the case requires; and

  • (ii) the deposit that the administrative secretariat may require under section 15A.

(1) Every application made under this Part must supply—

• (a) all the information required under the enactment that would, but for this Act, apply; and

• (b) if not required by the other enactments, an electronic address for service of notices given under this Act.

(2) Without limiting subsection (1),—

• (a) an application made under section 16(1) for an approval must—

  • (i) specify the activity or facility for which the approval is required; and

  • (ii) specify the enactment or statutory planning instrument that would apply, but for this Part; and

  • (iii) describe the land, location, or area to which the activity or facility relates and state why the site is suitable for that activity or facility; and

• (b) an application made under section 16(2) for a declaration must—

  • (i) describe the activity or facility, or class of activity or facility, in respect of which a declaration is sought; and

  • (ii) specify the enactment or statutory planning instrument that would apply, but for this Part; and

  • (iii) describe the land, location, or area where the proposed declaration is to apply and state why that land, location, or area is a suitable site for the relevant Rugby World Cup permitted activity; and

  • (iv) provide information as to why the declaration is requested; and

• (c) an application under section 16(1) or (2) must also include—

  • (i) evidence that the activity or facility to which the application relates meets the criteria set out in section 22(3); and

  • (ii) evidence of any planning or other preparation undertaken under the enactment that would, but for this Part, apply in relation to the activity or facility and why the application ought to be considered under this Part, rather than under that other enactment; and

  • (iii) information as to the steps the applicant will take to ensure, as far as is reasonably practicable, the health and safety of those carrying out the activity or using the facility; and

  • (iv) maps and plans that describe the activity or facility and its location or proposed location; and

  • (v) any conditions that the applicant considers appropriate to apply to the approval or declaration, if granted; and

  • (vi) an assessment of how the activity or facility to which the application relates is likely to promote the matters set out in section 9(2); and

  • (vii) any other information that the applicant considers would assist in the determination of the application; and

• (d) an application made under section 16(5) or (6) in relation to a change to the conditions must—

  • (i) describe the approval or declaration to which it relates; and

  • (ii) identify the condition that is the subject of the request or the new condition that is sought; and

  • (iii) provide information as to why the change or cancellation of the condition is requested or a new condition is sought; and

  • (iv) include an assessment of how the change or cancellation of a condition or provision of a new condition is likely to promote the matters set out in section 9(2); and

  • (v) include the information required by subsections (1) and (2)(c)(iv) and (vii).

An application made under section 17 must include—

• (a) a description of the test event, including—

  • (i) the location where it is to take place; and

  • (ii) the date and time when it is to take place; and

• (b) a statement as to why a test approval or declaration is required and how it is to be used for the purpose of testing, as part of the preparation for the Rugby World Cup 2011, that an activity or facility is adequate and appropriate to achieve the intended outcome; and

• (ba) information as to the steps the applicant will take to ensure, as far as is reasonably practicable, the health and safety of those carrying out the activity or using the facility; and

• (c) any other information relevant to the test event for which the test approval or declaration is required; and

• (d) in the case of an application to change the conditions of a test approval or declaration, the information required under section 19(4) 19(2)(d).

(1) If an applicant lodges an application for an approval under section 18(b) that is the same, or substantially the same, as an application already lodged with a statutory person or body,—

• (a) the Authority must proceed to make—

  • (i) the preliminary determination under section 22 or 22A; and

  • (ii) the determination referred to in subsection (2); and

• (b) if the Authority is satisfied that the application meets the criteria of subsection (2) and, to the extent relevant, the criteria of section 22(3),—

  • (i) the Authority must proceed to deal with the application under Part 3; and

  • (ii) the application to the relevant statutory person or body is to be treated as having been withdrawn from the relevant statutory person or body and must be transferred to the Authority in accordance with regulations made under this Act.

(2) In determining whether an application is the same or substantially the same as the application lodged with the relevant statutory person or body, the Authority must take into account—

• (a) the duration of the activity or facility proposed in each application; and

• (b) any other matters the Authority considers relevant in the circumstances.

(3) If the Authority proceeds to determine an application to which this section applies, it must notify the relevant statutory person or body that it is doing so.

(4) If notice is given under subsection (3), the relevant statutory person or body must, without delay,—

• (a) forward a copy of all documentation it holds on the application to the Authority; and

• (b) cease to process the application.

(5) However, if the Authority declines to grant an approval under this Part, the relevant statutory person or body must, if requested to do so by the applicant, reinstate the application and proceed to determine it as if the application had not been transferred to the Authority.

(6) If subsection (5) applies,—

• (a) the application and documentation held by the Authority in relation to the application must be transferred without delay to the relevant statutory person or body; and

• (b) the statutory time limits applying to the relevant statutory person or body recommence from the date that the statutory body or person receives the documentation.

(7) If the relevant statutory person or body is requested to reinstate and determine the application under subsection (5),—

• (a) it must treat the decision and reasons of the Authority as irrelevant for the purposes of the decision on the application; but

• (b) it may have regard to any other relevant information that is transferred under subsection (6)(a).

(1) The Authority must determine, in relation to every application made under subpart 1, whether the application meets the criteria set out in subsection (3).

(2) Before making that decision the Authority may request further information from the applicant, if it is satisfied that provision of the information will, in the circumstances, assist in the fair and timely determination of the application.

(3) The Authority must be satisfied that—

• (a) the application relates to an activity or facility that is reasonably necessary for the proper conduct of, as the case may be,—

  • (i) the Rugby World Cup 2011; or

  • (ii) a test event; and

• (b) the applicant has undertaken all reasonably practicable measures to ensure that the necessary approval, declaration, test approval or declaration, or change to the conditions was obtained under the enactment or statutory planning instrument that would have applied, but for this Part, or that the application could not reasonably have been made at an earlier date; and

• (c) it is unlikely that, but for this Part, the application could be determined in time to enable the activity to be undertaken or the facility constructed for the Rugby World Cup 2011 or the test event, as the case may be.

In determining an application that relates to a tournament venue, the Authority must disregard the criteria set out in section 22(3)(b) and (c).

(1) The Authority must give notice to the applicant of its determination under section 22(1), advising whether or not the application is to be determined under this Act, and the reasons for the decision.

(2) The Authority must give notice of its decision not later than 5 working days after receiving—

• (a) the application from the administrative secretariat under section 15(4)(b); or

• (b) any further information requested under section 22(2).

(1) If the Authority determines under section 22 that an application is to be determined under this Act, the Authority must, not later than 5 working days after notifying the applicant under section 23,—

• (a) give public notice of that application; and

• (b) serve a copy of the application and of all documents and maps or plans submitted with it—

  • (i) on the relevant statutory person or body; and

  • (ii) on Rugby New Zealand 2011 Limited; and

  • (iii) on the New Zealand Fire Service.

(2) However, subsection (1)(a) does not apply if the enactment or statutory planning instrument that would apply, but for this Act, makes no provision for public notice to be given of an application made under that enactment or statutory planning instrument.

(3) Despite subsection (2), the Authority may give public notice of an application to which that subsection applies if it considers that there are special circumstances that warrant public notice being given.

(4) If public notice is not given, the Authority must, without delay, give written notice to the persons with a right to be heard, as provided for in section 29(2), of—

• (a) the decision not to publicly notify the application; and

• (b) the right of those persons to request a hearing.

(5) Any request for a hearing must be received by the administrative secretariat not later than 4 working days after the date of the notice given under this subsection.

(1) A public notice must specify—

• (a)  the nature of the application, with details that include—

  • (i) the activity, facility, or test activity or facility for which an approval is sought or the activity or facility, or class of activity or facility, that would become a Rugby World Cup permitted activity; and

  • (ii) the land, location, or area where any approval, declaration, or test approval or declaration would apply; and

• (b) the enactment that would, but for this Act, apply to the application; and

• (c) the persons or classes of person who are entitled to make a submission on the application; and

• (d) how any submissions opposing or in support of the application must be made (which may include requiring submissions to be made by electronic transmission); and

• (e) the address for service of submissions to—

  • (i) the applicant; and

  • (ii) the relevant statutory person or body; and

• (f) the date by which submissions must be received by the Authority (which must be not later than 10 working days after the date of the public notice); and

• (g) where access (which may be restricted to Internet access) to the application and all accompanying documents and plans is available without charge; and

• (h) how to obtain further information on the application.

(2) The Authority must supply a copy of an application and of the documents and any maps or plans submitted with it, if requested, on the payment of a reasonable fee fixed by the Authority.

(1) After an application has been publicly notified, submissions may be made in support of, or opposing, the application by—

• (a) the applicant:

• (b) the relevant statutory person or body:

• (c) an affected person, as determined in accordance with section 27:

• (d) a person with an interest greater than that of the general public in the matter to which the application relates:

• (e) the New Zealand Fire Service.

(2) No submissions may be made by any person on, or in relation to, trade competition or the effects of trade competition.

(3) Submissions, including any request to be heard, must be—

• (a) made in the form and manner prescribed by regulation or as approved by the Authority; and

• (b) lodged with the Authority by the date given in the public notice; and

• (c) served on the applicant and the relevant statutory person or body without delay after being lodged with the Authority.

(1) A person is an affected person if the adverse effects on the person of an activity, facility, or class of activity or facility for which an approval, declaration, or test approval or declaration is sought will be, or are likely to be, more than minor.

(2) However, a person is not an affected person—

• (a) if, and to the extent that, the effects on that person relate to trade competition or the effects of trade competition; or

• (ab) if, and to the extent that, the effects of the activity, facility, or class of activity or facility on that person are expressly permitted by any statutory planning instrument or by a declaration made under this Part; or

• (b) if the person has given written approval for the activity, facility, or class or activity or facility and has not withdrawn that approval by written notice to the Authority before the Authority has made its determination on the matter; or

• (c) if it is unreasonable in the circumstances to seek the person's written approval.

(3) In determining whether a person is an affected person, the Authority must disregard an adverse effect that is of a temporary nature, having regard to the duration of the activity or facility for which an approval, a declaration, or a test approval or declaration is sought.

(1) The Authority need not conduct a hearing in relation to an application unless—

• (a) it considers that a hearing is necessary; or

• (b) a person with a right to be heard has requested to be heard.

(2) The persons who have a right to be heard by the Authority are—

• (a) the applicant; and

• (b) the relevant statutory person or body; and

• (c) any person who lodged a submission under section 26.

(1) If an application is publicly notified under section 24, the Authority must, not later than 5 working days after the closing date for submissions notified under section 25(1)(f), give written notice to the persons with a right to be heard as to—

• (a) whether the Authority is to conduct a hearing; and

• (b) if so, the date of its commencement, which must be not later than 5 working days after the date on which the written notice is given under this subsection.

(2) If an application is not publicly notified, the Authority must, not later than 5 working days after giving written notice to the persons with a right to be heard under section 24(4), give those persons written notice as to—

• (a) whether the Authority is to conduct a hearing; and

• (b) if so, the date of its commencement, which must be not later than 5 working days after the date of the written notice given under this subsection.

(3) No hearing is required under this section if—

• (a) the persons with a right to be heard waive that right; and

• (b) the Authority considers that a hearing is not necessary.

(1) In determining an application made under section 16(1) or (5) or 17 for an approval, a test approval, or a change to the conditions of an approval or a test approval, the Authority must have regard to any adverse effects on the environment that would be, or would be likely to be, if the application were granted, more than minor as determined in accordance with section 31A.

(2) Subsection (1) also applies, with the necessary modifications, to the determination of an application under section 16(6) to change the conditions of an approval granted, given, or authorised under another enactment.

(2A) The Authority must not grant the application if the activity or facility that is the subject of the application is prohibited by another Act.

(3) In making a determination under subsection (1) or (2), the Authority must take into account—

• (a) the particular circumstances of the application; and

• (b) the extent to which an approval, a test approval, or a change to the conditions of an approval or test approval, if granted, would promote the matters set out in section 9(2).

(4) The Authority may take into account—

• (a) the effect of an approval, a test approval, or a change to the conditions of an approval or a test approval, if granted, on activities or facilities that have been authorised under this Act or another enactment; and

• (b) the provisions of any enactment or statutory planning instrument that would, but for this Part, apply and whether the application meets the requirements of those provisions.

(5) The Authority may grant the application in full or in part or decline the application.

(6) If the Authority grants the application, the Authority—

• (a) must prescribe, as a condition of the approval or test approval, or change to the conditions of the approval or test approval,—

  • (i) in the case of an approval or a change to the conditions of that approval, the duration of the approval or conditions, which may commence at any time provided for by the Authority and must, unless section 36 applies, expire not later than 31 December 2011; and

  • (ii) in the case of a test approval, the duration of the approval, which may commence not earlier than 1 week before the commencement of the relevant test event and must expire not later than the day after the final day of that event; and

• (b) may prescribe any other conditions that it considers appropriate, including a condition for a bond to be paid to the administrative secretariat to secure the performance of the conditions of an approval or a test approval.

(1) In determining an application under section 16(2) or (5) or 17 for a declaration, a test declaration, or a change to the conditions of a declaration or a test declaration, the Authority must have regard to any adverse effects on the environment that would be, or would be likely to be, if the application were granted, more than minor as determined in accordance with section 31A.

(1A) The Authority must not grant the application if the activity, facility, or class of activity or facility that is the subject of the application is prohibited by another Act.

(2) In making a determination under subsection (1), the Authority must take into account—

• (a) the particular circumstances of the application; and

• (b) the extent to which a declaration, test declaration, or change to the conditions of a declaration or test declaration, if granted, would promote the matters set out in section 9(2).

(3) The Authority may take into account—

• (a) the effect of a declaration, test declaration, or change to the conditions of a declaration or test declaration, if granted, on activities or facilities that have been authorised under this Act or another enactment; and

• (b) the provisions of any enactment or statutory planning instrument that would, but for this Part, apply and whether the application meets the requirements of those provisions.

(4) The Authority may grant the application in full or in part or decline the application.

(5) If the Authority grants the application, it must—

• (a) prescribe, as a condition of the declaration or test declaration, the duration of the declaration or test declaration, which may commence,—

  • (i) in the case of a declaration, not earlier than 1 August 2011 and must expire not later than 31 October 2011; and

  • (ii) in the case of a test declaration, not earlier than 1 week before the commencement of the relevant test event and must expire not later than the day after the final day of that event; and

• (b) prescribe the land, area, or location where the Rugby World Cup permitted activity may be undertaken or constructed; and

• (c) direct the relevant statutory person or body to treat the specified activity or facility, or class of activity or facility, as a Rugby World Cup permitted activity.

(6) The Authority may prescribe any other conditions that it considers appropriate, including—

• (a) conditions that apply to any of the activities, facilities, or class of activity or facility to which the declaration relates; and

• (b) a condition for a bond to be paid to the administrative secretariat to secure the performance of the conditions of a declaration or test declaration.

In determining, for the purposes of sections 30 and 31, whether an activity or facility will, or is likely to, have adverse effects on the environment that are more than minor (including on any person), the Authority must disregard—

• (a) any adverse effect of the activity or facility that—

  • (i) relates solely to the site or location of the activity or facility; and

  • (ii) is expressly permitted by any statutory planning instrument or by a declaration made under this Part; and

  • (iii) is of a temporary nature, having regard to the duration of the approval, declaration, or test approval or declaration; and

• (b) any effect of the activity or facility on a person who has given written approval to the application; and

• (c) trade competition and the effects of trade competition.

(1) If an application is not publicly notified under section 24 or if a hearing is not conducted under section 29 (whether or not a hearing is conducted), the Authority must serve notice of its determination, as required by subsection (3), on—

• (a) the applicant; and

• (b) the relevant statutory person or body; and

• (c) the New Zealand Fire Service; and

• (d) Rugby New Zealand 2011 Limited.

(2) If an application is publicly notified (whether or not a hearing is conducted), the Authority must serve notice of its determination, as required by subsection (3), on—

• (a) the applicant; and

• (b) the relevant statutory person or body; and

• (c) each person who lodged a submission on the application or is required to provide a report under clause 11 of Schedule 1; and

• (d) Rugby New Zealand 2011 Limited.

(3) The required notice must be served,—

• (a) in the case of an application to which subsection (1) applies, not later than 5 working days after the notice given under section 29(3); and

• (a) in the case of an application which is not publicly notified,—

  • (i) not later than 5 working days after notice is given under section 29A(2); or

  • (ii) not later than 10 working days after the end of a hearing, if one is conducted; or

• (b) in the case of an application to which subsection (2) applies that is publicly notified, not later than 10 working days after—

  • (i) the closing date for submissions to be lodged under section 26, if no hearing is conducted; or

  • (ii) the end of the hearing, if a hearing is conducted.

(4) A notice served under this section must include—

• (a) the reasons for the determination; and

• (b) the provisions of any enactment and statutory planning instrument relevant to that determination; and

• (c) the principal issues in contention and the main findings on them; and

• (d) the reasons for any conditions that are imposed; and

• (e) advice as to the right of appeal under subpart 6; and

• (f) the date by which any appeal must be lodged.

(5) A copy of a determination of the Authority and of any map or plan to which it refers must be—

• (a) kept at the place specified by the Authority (including, at the discretion of the Authority, on an Internet site); and

• (b) made available for public inspection without charge during ordinary office hours (or on an Internet site, without charge).

Unless the Authority specifies a later date, an approval, a declaration, a test approval or declaration, or a change to the conditions of an approval, a declaration, or a test approval or declaration commences on the third working day after the determination of the Authority is publicly notified.

An approval, a declaration, a test approval or declaration, or a change to the conditions of an approval or a declaration expires—

• (a) on the date specified by the Authority under section 30 or 31, as the case may be; or

• (b) if the Authority does not so specify, on the date specified in section 30 or 31, as the case may be.

(1) An approval, a declaration, a test approval or declaration, or a change to the conditions of an approval, a declaration, or a test approval or declaration granted or made under this Part has full force and effect for its duration and according to its terms and conditions as if it were granted or made under the enactment or statutory planning instrument that would, but for this Part, apply.

(2) To avoid doubt, unless section 36 applies, an activity or facility undertaken or constructed under an approval, a declaration, or a test approval or declaration granted or made under this Part does not—

• (a) give rise to or create any right to the use of land after the expiry of the approval, declaration, or test approval or declaration; or

• (b) qualify, in the case of an approval that would, but for this Part, be required by or under the Resource Management Act 1991, for—

  • (i) a certificate of compliance under section 139 of that Act; or

  • (ii) an existing use certificate under section 139A of that Act.

(1) A person to whom an approval is granted under this Part may apply to the relevant statutory person or body for a certificate that certifies that the approval granted under this Part continues to have effect as if it were an approval granted under the enactment or statutory planning instrument that would, but for this Part, apply.

(3) A certificate issued under subsection (1)—

• (a) applies subject to the enactment or statutory planning instrument that would, but for this Act, apply; and

• (b) may impose conditions in accordance with the requirements of that enactment or statutory planning instrument.

(4) In addition, a certificate issued under subsection (1) must include a condition as to the duration of the approval or certificate.

(5) An application under subsection (1) must be made not later than 1 month before the expiry of the approval granted under this Part.

(6) The relevant statutory person or body may, in its discretion,—

• (a) allow the person to whom the approval was granted to continue to operate under the approval granted by the Authority under this Part until the relevant statutory person or body—

  • (i) grants a new approval under the enactment or statutory planning instrument that would, but for this Part, apply and all appeals are determined; or

  • (ii) issues a certificate under subsection (1); or

  • (iii) declines to grant a new approval under the enactment that would, but for this Part, apply or issue a certificate; and

• (b) impose conditions in accordance with the requirements of that enactment or statutory planning instrument.

(1) The statutory person or body responsible for monitoring and enforcement under an enactment or statutory planning instrument that would, but for this Part, apply must carry out monitoring and enforcement in relation to approvals or test approvals granted, or declarations or test declarations made, under this Part.

(2) That statutory person or body has the same powers for that purpose as that person or body has under the other enactment or statutory planning instrument.

(3) The provisions for monitoring and enforcement under that other enactment or statutory planning instrument apply, with the necessary modifications.

(4) To avoid doubt, any right of appeal that applies under the enactment or statutory planning instrument that would, but for this Part, apply also applies to enforcement proceedings taken in relation to activities or facilities for which approvals are granted or declarations made under this Part.

(1) This section and section 39 apply, in addition to the powers of enforcement available under section 37, in relation to activities or facilities for which approvals are granted or declarations made under this Part.

(2) The relevant statutory person or body may apply to the Authority for an interim injunctive order to—

• (a) require a person to cease undertaking an activity or constructing a facility; or

• (b) prohibit a person from commencing an activity or beginning to construct a facility.

(3) No undertaking as to damages may be required in relation to an application made under this section.

(1) The Authority may make an interim injunctive order if, in its opinion, the application relates to an activity or a facility that—

• (a) contravenes, or is likely to contravene, the approval, declaration, or test approval or declaration granted for the activity or facility; or

• (b) is, or is likely to be, noxious, dangerous, offensive, or objectionable to such an extent that it has, or is likely to have,—

  • (i) an adverse effect on the environment that is not of a temporary nature; or

  • (ii) a serious prejudicial effect on the proper conduct of the Rugby World Cup 2011.

(2) If the Authority considers it necessary or desirable to avoid, mitigate, or remedy an effect of a kind described in subsection (1)(b), an interim injunctive order may be made—

• (a) without requiring service of the application on the person against whom the order is sought; and

• (b) without holding a hearing.

(3) Before making an order, the Authority must consider—

• (a) the effect on the environment or on the conduct of the Rugby World Cup 2011 of not making the order; and

• (b) whether any adverse effect is of a temporary nature only; and

• (c) whether the Authority should hear the statutory person or body that applied for the order or the person against whom the order is sought; and

• (d) any other matters that the Authority thinks fit.

(1) The Authority must serve a copy of any interim injunctive order on the person against whom the order is made without delay.

(2) If the person against whom the order is made was not heard by the Authority before the order was made, that person may apply to the Authority, as soon as practicable after being served with the order, for an order changing or cancelling the interim order.

(3) An application made under subsection (2) must be—

• (a) made in the form and manner prescribed by regulations or as approved by the Authority; and

• (b) accompanied by the fee prescribed for the purpose in accordance with regulations made under this Part.

(4) The Authority may confirm or cancel the interim injunctive order, or may issue a new interim injunctive order, as it thinks fit.

(1) An interim injunctive order made under this subpart takes effect according to its terms from the time that it is served or such later time as the order directs.

(2) An order stays in force until—

• (a) the Authority cancels the order or issues a new order under section 40(4); or

• (b) the statutory person or body has sought and obtained an appropriate order under the enactment or statutory planning instrument that would, but for this Part, apply; or

• (c) the person against whom the order was made, or another person directly affected by the order, has sought and obtained cancellation of, or a change to, the order under that enactment or statutory planning instrument.

(1) The offences and penalties prescribed by or under an enactment that would, but for this Part, apply to an approval, a declaration, or a test approval or declaration apply to the breach of an approval, a declaration, or a test approval or declaration granted or made under this Part.

(2) In an enactment that would apply, but for this Part, a reference to an approval that could be granted, given, or authorised under that enactment is to be read as a reference to an approval given under this Part.

(3) Every person who breaches an interim injunctive order commits an offence and is liable, on summary conviction, to a fine,—

• (a) in the case of a natural person, not exceeding $300,000; and

• (b) in the case of a person other than a natural person, not exceeding $600,000; and

• (c) in each case, if the offence is a continuing offence, not exceeding $10,000 for every day or part of a day during which the offence continues.

(1) A person or body that applied for an approval, a declaration, a test approval or declaration, or a change to the conditions of an approval, a declaration, or a test approval or declaration and is dissatisfied with the determination of the Authority under section 22(1) (which relates to the determination of the Authority as to jurisdiction) may appeal to the High Court, but only on a question of law.

(2) There is a right of appeal to the High Court, but only on a question of law, against a determination of the Authority made under—

• (a) section 30 (which relates to an application for an approval) for the applicant, the relevant statutory person or body, and any person who made a submission:

• (b) section 31 (which relates to an application for a declaration) for the relevant statutory body and any person who made a submission:

• (c) section 39 or 40(4) (which each relate to interim injunctive orders) for—

  • (i) the statutory person or body that applied for an order; or

  • (ii) the person against whom the Authority makes an order.

(3) An appeal under this section must be made in accordance with the High Court Rules, except to the extent that those rules are inconsistent with Schedule 2.

(1) Applications may be made to the Authority by a statutory person or body for a recommendation to the Minister, in respect of a specified activity, facility, or class of activity or facility, that an Order in Council be made under section 48 declaring the activity, facility, or class of activity or facility to be a Rugby World Cup permitted activity.

(2) Applications may also be made to the Authority by any person for a recommendation under section 50 that the Minister grant an urgent approval for an activity or a facility that is necessary for the proper conduct of the Rugby World Cup 2011.

(3) Applications must—

• (a) be in writing, in the form and manner prescribed by regulations or as approved by the Minister; and

• (ab) be lodged directly with the Authority; and

• (ac) include, as far as is relevant, the information required by section 19 (which relates to the information to be supplied with applications for approvals and declarations); and

• (b) in relation to an application made under subsection (1), give particulars relevant to the determination of the Authority under section 47; and

• (c) in relation to an application under subsection (2), give information relevant to the determination of the Authority under section 50.

(1) Before the Authority makes a recommendation to the Minister on an application under section 45(1), the Authority must be satisfied that it is reasonable to do so, having regard to—

• (a) the circumstance of urgency that has arisen; and

• (b) the nature and significance of the activity or facility to which the regulations, if made, would apply; and

• (c) the location or area where the regulations, if made, would apply; and

• (d) the extent (if any) to which the proposed Rugby World Cup permitted activity would be inconsistent with the requirements of—

  • (i) the enactment or statutory planning instrument that would, but for this Part, apply in relation to that activity; and

  • (ii) any relevant rule of law; and

• (e) the likely impacts on persons or property of the proposed Rugby World Cup permitted activity being undertaken; and

• (f) any matters relevant to securing public safety; and

• (g) the extent and intensity of those impacts and whether they are, or are likely to be,—

  • (i) no more than temporary; or

  • (ii) able to be remedied or mitigated; and

• (h) whether the proposed regulations are necessary—

  • (i) to permit the proper conduct of the Rugby World Cup 2011:

  • (ii) to provide appropriately for hospitality in relation to the Rugby World Cup 2011:

  • (iii) to provide support for the appropriate delivery of services by Rugby New Zealand 2011 Limited; and

• (i) the likely impact on the proper conduct of the Rugby World Cup 2011 if the regulations are not made; and

• (j) the matters set out in section 9(2); and

• (k) any other matter that the Authority considers relevant.

(2) In determining an application, the Authority must state, with reasons,—

• (a) whether it recommends that the declaration sought should be granted; and

• (b) if so, any terms and conditions that it recommends, including—

  • (i) conditions that apply to any of the activities, facilities, or classes of activity or facility to which the declaration relates; and

  • (ii) a condition for a bond to be paid to the administrative secretariat to secure the performance of the conditions of a declaration or test declaration.

(1) The Governor-General may, on the advice of the Minister given after considering the recommendation of the Authority received under section 47, by Order in Council, make regulations to declare as a Rugby World Cup permitted activity—

• (a) a specified activity or facility:

• (b) a specified class of activity or facility.

(2) However, before the Minister may give advice to the Governor-General under subsection (1), the Minister must, in relation to the recommendation of the Authority, consult—

• (a) the Minister for Economic Development; and

• (b) each Minister of the Crown who would, but for this subpart, be responsible for the enactment that would otherwise apply to the proposed activity or facility or class of activity or facility.

(1) Regulations made under section 48(1) must—

• (a) describe the activity, facility, or class of activity or facility to which they apply; and

• (b) describe the location or area where they apply; and

• (c) state the date on which the regulations commence, which must not be earlier than 1 August 2011; and

• (d) state the date on which the regulations expire, which must not be later than 31 October 2011; and

• (e) prescribe any conditions that are appropriate, having regard to—

  • (i) the recommendation of the Authority given under section 47; and

  • (ii) any advice received by the Minister under section 48(2); and

  • (iii) the need, as far as practicable, to—

    • (A) secure public safety; and

    • (B) avoid, control, or mitigate any adverse impacts of a Rugby World Cup permitted activity on the environment.

(2) Regulations may include requirements for, or relating to, matters such as the cessation of an activity or the dismantling or removal of a facility—

• (a) during the tournament; or

• (b) after its conclusion.

(1) Before determining an application made under section 45(2), the Authority must be satisfied that—

• (a) it is reasonable to do so, having regard to the matters set out in sections 9(2) and 47(1); and

• (b) the approval is necessary—

  • (i) to secure public safety; or

  • (ii) to avoid seriously compromising the proper conduct of the Rugby World Cup 2011; or

  • (iii) to provide support for the appropriate delivery of services by or through Rugby New Zealand 2011 Limited.

(2) In determining an application under this section, the Authority must state, with reasons,—

• (a) whether it recommends that the urgent approval should be granted; and

• (b) if so, any terms and conditions that it recommends, including a condition for a bond to be paid to the administrative secretariat to secure the performance of the conditions of an urgent approval.

(1) Before determining whether or not to grant an urgent approval, the Minister must, in relation to the recommendation of the Authority received under section 50(2), consult—

• (a) the Minister for Economic Development; and

• (b) each Minister of the Crown who would, but for this subpart, be responsible for the enactment that would otherwise apply to the proposed activity or facility or class of activity or facility.

(2) The Minister may grant an application for an urgent approval in full or in part, or decline the application.

(3) In granting an application, the Minister must—

• (a) specify the date on which the approval commences, which must not be earlier than 1 September 2011; and

• (b) specify the date on which the approval expires, which must not be later than 31 October 2011; and

• (c) prescribe any conditions that are appropriate, having regard to—

  • (i) the recommendation of the Authority given under section 50; and

  • (ii) any advice received by the Minister under section 51(1); and

  • (iii) the need, as far as practicable, to—

    • (A) secure public safety; and

    • (B) avoid, control, or mitigate any adverse impacts of a Rugby World Cup permitted activity on the environment.

(3A) The conditions imposed under this section may include conditions as to the cessation of an activity or the dismantling or removal of a facility—

• (a) during the tournament; or

• (b) after its conclusion.

(4) A decision of the Minister under this section is final.

(1) Regulations made under section 48 have full force and effect, for their duration and according to their terms and conditions, despite any restriction, prohibition, or limitation on the relevant activity or facility, or class of activity or facility, under any rule of law, enactment, or statutory planning instrument that would, but for this Part, apply.

(2) To avoid doubt, an activity undertaken or a facility constructed in reliance on regulations made under this Part does not give rise to, or create, any right to use land after the expiry of the regulations.

(1) An urgent approval granted under section 51 has full force and effect, for its duration and according to its terms and conditions, despite any restriction, prohibition, or limitation on the activity or facility under any rule of law, enactment, or statutory planning instrument that would, but for this Part, apply.

(2) To avoid doubt, an activity undertaken or a facility constructed in reliance on an urgent approval does not give rise to, or create, any right based on the use of land after the expiry of the approval.

(1) The provisions of subpart 5 of Part 3 (which relate to monitoring, enforcement, and offences and penalties) apply to an activity or a facility permitted under this Part as if—

• (a) a reference to a declaration made under Part 3 were a reference to a Rugby World Cup permitted activity declared by Order in Council in regulations made under this Part; and

• (b) a reference to an approval granted under that Part were a reference to an urgent approval granted under this Part.

(2) There is a right of appeal to the High Court, but only on a question of law, against a determination of the Authority on an application for a recommendation to the Minister—

• (a) made under section 45(1), by the statutory person or body that made the application:

• (b) made under section 45(2), by the person who made the application.

(3) An appeal under this section—

• (a) must be made in accordance with the High Court Rules, except to the extent that those rules are inconsistent with Schedule 2; and

• (b) is not an appeal to which Rule 20.10(2) of the High Court Rules applies.

(1) The provisions of section 42 apply as if a breach of a regulation made under this Part were a breach of a declaration made, or an approval granted, under Part 3.

(2) The penalties prescribed for offences under Part 3 apply to offences under this Part.

(1) The purpose of this Part is to establish a temporary process for licensing the sale and supply of liquor to the public during the period of the Rugby World Cup 2011, as an alternative to the process under the Sale of Liquor Act 1989, whilst having regard to—

• (a) the significance of the Rugby World Cup 2011 (or any particular part of it), the scale of the hospitality that is needed, and any relevant circumstances, such as the times at which games are scheduled; and

• (b) the need to ensure that priority is given to—

  • (i) matters of public health and safety; and

  • (ii) the minimisation of harm to persons and property.

(2) To that end, this Part provides for the Authority—

• (a) to consider and determine applications for Rugby World Cup liquor licences; and

• (b) to grant licences subject to terms and conditions that—

  • (i) are appropriate, having regard to the particular circumstances applying during the period of the Rugby World Cup 2011; and

  • (ii) ensure that public health and safety are protected as far as is reasonably practicable during the period of the Rugby World Cup 2011.

(3) The Sale of Liquor Act 1989 does not apply to, or in relation to, licences issued under this Part, except to the extent that the Sale of Liquor Act 1989 is applied by this Part.

In this Part, unless the context otherwise requires,—

(1) A Rugby World Cup liquor licence authorises the licensee—

• (a) to sell and supply liquor to any person present on premises, or in an area described in a licence, for consumption on those premises or in that area; and

• (b) to allow the consumption of liquor in accordance with paragraph (a).

(2) Subsection (1) does not permit the sale or supply of liquor to, or consumption of liquor by, a person under the age of 18 years or a person who is intoxicated.

(3) A Rugby World Cup liquor licence—

• (a) comes into force on 9 September 2011 and expires on 31 October 2011, unless the licence specifies a shorter period; and

• (b) authorises the sale and supply of liquor on the days and during the hours that are specified by the licence; and

• (c) applies to or in respect of premises or an area defined in the licence as the premises or area where the licence applies.

(4) The premises or area described in a licence may be 1 or more of the following:

• (a) single premises:

• (b) a specified outdoor area, with or without premises, the part or whole of which is defined as an area where a licence applies.

(1) Application may be made for a Rugby World Cup liquor license by—

• (a) a person who holds, or is eligible to hold, an on-licence under the Sale of Liquor Act 1989; or

• (b) by a club that holds, or is deemed to hold, a club licence under that Act; or

• (c) by a chartered club that holds a permanent club charter.

(1A) Unless a Rugby World Cup liquor licence is held in respect of a tournament venue, no person may sell or supply liquor at a Rugby World Cup 2011 game or ancillary event at that venue, whether or not a licence is held under the Sale of Liquor Act 1989 for that venue.

(2) A Rugby World Cup liquor licence granted under this Part in respect of 1 or more premises or areas applies, for the period for which it is granted, instead of the licence or permanent club charter that would, but for this Part, apply to the relevant premises or area.

(3) To avoid doubt, any licence held under the Sale of Liquor Act 1989 and any permanent club charter that would apply, but for subsection (2), is suspended—

• (a) to the extent that the licence applies to the premises or area for which the Rugby World Cup liquor licence applies; and

• (b) for the period for which the Rugby World Cup liquor licence is granted.

(1) Applications may be made at any time in accordance with this section for a Rugby World Cup liquor licence to be issued by the Authority.

(2) Applications made under this section must—

• (a) be made in writing, in the form and manner prescribed by regulations or as approved by the Authority; and

• (b) be made by, and in the name of, the person who will hold the licence, if the application is granted; and

• (c) include an address for service of the applicant; and

• (d) be lodged for registration with the administrative secretariat; and

• (e) be accompanied by the deposit that the administrative secretariat may require under section 15A.

(3) Applications must include—

• (a) information relevant to the matters set out in section 63A; and

• (b) any conditions sought by the applicant; and

• (c) information as to why the application is made under this Act; and

• (d) information as to how the premises or area to which the application relates is to be used for the Rugby World Cup 2011; and

• (da) information on how entry to and exit from the premises or area are to be controlled; and

• (e) if the application relates to premises, a certificate from the local authority that the proposed use of the premises meets any requirements of—

  • (i) the Resource Management Act 1991; and

  • (ii) the building code made under the Building Act 2004.

(4) Applications must be forwarded to the Authority by the administrative secretariat on the first working day after being lodged, if the administrative secretariat is satisfied that an application contains the information required by subsection (3).

(5) If an application does not contain the necessary information, it must be returned to the applicant who, upon payment of any further deposit required by the administrative secretariat, may lodge another application.

(6) At the same time as the administrative secretariat forwards an application to the Authority, the administrative secretariat must provide a copy of each application to—

• (a) the constable in charge of the Police station nearest to the premises or area in respect of which the licence is sought; and

• (b) the Medical Officer of Health of the district within which those premises or that area is situated; and

• (c) an inspector; and

• (d) the chief executive of the New Zealand Fire Service.

(1) This section applies if an application made under this Part relates to the same activity or facility for which an approval or declaration is also sought under Part 3.

(2) The applications may be lodged and processed concurrently and considered by the Authority together.

(3) Section 60 applies to an application for a licence lodged concurrently with an application under Part 3, except that the certificate required by section 60(3)(e) is replaced by the approval or declaration, if granted or made, under Part 3.

(1) The Authority may, in its discretion, publish notices—

• (a) inviting applications for Rugby World Cup liquor licences in relation to—

  • (i) premises or areas in a specified geographical location; or

  • (ii) ships; and

• (b) specifying the date by which all applications in relation to the specified geographical location must be received by the Authority.

(2) This section does not limit section 60(1).

(1) When the persons referred to in section 60(6) receive an application from the administrative secretariat, each must—

• (a) inquire into the application; and

• (b) report to the Authority in the form and manner prescribed by regulations or as approved by the Authority, stating—

  • (i) whether there is any matter on which he or she opposes the application:

  • (ii) any conditions that he or she considers should be imposed on the licence.

(1A) The Authority may request a further report, if that is necessary in its opinion, on any matter relevant to that person's report on the application.

(2) Reports must be returned to the Authority as soon as practicable and not later than 15 working days after the date that the application was forwarded by the administrative secretariat under section 60(6).

(3) The Authority must—

• (a) provide a copy of each report to the applicant; and

• (b) make a copy of each report, including any further report, available for inspection at the place specified in the notice given under section 63(1).

(1) Unless provided otherwise in this Part, the Authority must—

• (a) give public notice of an application not later than 5 days after the application is lodged with the administrative secretariat; and

• (b) advise where copies of an application may be inspected.

(2) However, before notifying an application, the Authority must be satisfied that—

• (a) the application relates to premises or an area that is to be used for the Rugby World Cup 2011; and

• (b) granting the licence would promote the purpose of this Part.

(3) The Authority may notify and determine applications—

• (a) singly and in the order that they are lodged with the administrative secretariat; or

• (b) together as a group, in the case of applications that relate to a specified geographical location; or

• (c) in relation to 1 or more ships.

(4) If the Authority determines to process a group of applications together,—

• (a) it must advise the relevant applicants of that intention and give public notice of the applications, at the time and in the manner prescribed by regulations or as the Authority thinks appropriate; and

• (b) each applicant must comply with subsection (5) in respect of that applicant's application.

(5) The applicant (and in the case of a group of applications, each applicant) must ensure that notice of an application is attached, in the form and manner prescribed by regulations or as approved by the Authority, to a conspicuous place on or adjacent to the premises or area to which the application relates, unless the Authority agrees, in writing, that it is impracticable or unreasonable to do so.

(1) The matters relevant for the purposes of sections 64, 65, and 70 are—

• (a) the days on which liquor may be sold or supplied for consumption on the premises or in the area to which the Rugby World Cup liquor licence applies, which must not be outside the period prescribed in section 58(3)(a); and

• (b) the hours during which liquor may be sold or supplied for consumption on the premises or within the area to which the licence applies; and

• (c) the nature and location of the premises or area in respect of which the licence is sought; and

• (d) the applicant's proposals for how the premises or area will be managed during the period for which any licence is granted, including the control of entry to, or exit from, the premises or area; and

• (e) any parts of the premises or area in respect of which a licence is sought that the applicant proposes should be designated as restricted areas or supervised areas; and

• (f) the steps that the applicant will take to ensure that the conditions of any licence are observed; and

• (g) the applicant's proposal to engage in—

  • (i) the sale or supply of goods other than liquor or food; or

  • (ii) the provision of services other than those directly related to the sale or supply of liquor and food; and

• (h) any matters raised in the reports received by the Authority under section 62.

(2) The Authority must not take into account any prejudicial effect that the grant of a Rugby World Cup liquor licence may have on the business conducted under any other licence granted under this Part or under the Sale of Liquor Act 1989.

(1) A person who has an interest greater than that of the general public may object to an application for a Rugby World Cup liquor licence.

(2) Objections must be made in writing to the Authority, in the form and manner prescribed by regulations or as approved by the Authority, not later than 5 working days after the public notice given under section 63(1).

(3) Objections may relate only to—

• (a) the suitability of the applicant:

• (b) the premises or area for which a licence is sought, whether the application relates to—

  • (i) single premises; or

  • (ii) more than 1 premises in a specified area; or

  • (iii) an area:

• (c) the matters set out in section 63A(1).

(4) In the case of an applicant who holds or is deemed to hold a current licence under the Sale of Liquor Act 1989 or a permanent club charter, any objection may relate only to—

• (a) any extension of the premises to which that licence or permanent club charter relates:

• (b) the matters set out in section 63A(1).

(1) The chairperson of the Authority must, without delay, appoint a panel to determine, without a hearing, an application for a Rugby World Cup liquor licence unless—

• (a) the reports received under section 62 contain matters in opposition to the grant of a Rugby World Cup liquor licence; or

• (b) an objection is received under section 64.

(2) In making a determination on whether to grant the application, the Authority must have regard to the matters set out in section 63A(1).

(3) The Authority must notify a determination under subsection (2) not later than 5 working days after the expiry of the period for objections under section 64(2).

(1) This section applies if, in relation to an application,—

• (a) a report is received under section 62 that includes any matter in opposition to the application; or

• (b) an objection is received under section 64.

(2) The Authority must convene a hearing unless—

• (a) an application or all the applications in a group of applications are withdrawn; or

• (b) having considered the application and the reports received under section 62, the Authority believes the objection is vexatious or based on grounds outside the scope of this Part; or

• (c) all persons who have a right to be heard waive that right and it is satisfied that a hearing is not necessary.

(3) A hearing (if any) must be convened not later than 15 working days after the closing date for objections under section 64.

(4) The Authority must give not less than 10 working days' written notice of the hearing, advising the date, time, and place of the hearing, to—

• (a) the applicant or group of applicants; and

• (b) each objector; and

• (c) the persons that provided reports under section 62.

(5) The persons notified under subsection (4)(a) and (b) are entitled to make written submissions.

(6) Submissions must be lodged with the Authority, in the form and manner prescribed by regulations or as approved by the Authority.

The following persons have a right to appear and be heard in any public hearing convened by the Authority under this Part:

• (a) the persons who are entitled to make a written submission under section 67(5) and who did so; and

• (b) the persons notified under section 67(4)(c); and

• (c) a member of the New Zealand Fire Service established under the Fire Service Act 1975 authorised to undertake fire safety inspections or person authorised by the relevant local authority to do so; and

• (d) any other person who satisfies the Authority that he or she has a particular interest greater than that of the public generally in the application that is the subject of the hearing.

(1) If the Authority does not hold a hearing, it must determine the matters on the papers, after considering—

• (a) any reports and objections received in relation to it; and

• (b) the matters set out in section 63A.

(2) The Authority must—

• (a) notify its decision within 5 working days of notifying the applicant that there would be no hearing; and

• (b) if a licence is granted, issue that licence.

(1) The Authority must determine the application, after having regard to the matters before it, including those set out in section 63A.

(2) The Authority must, not later than 5 working days after the conclusion of any hearing under section 67, notify its decision in writing, with reasons, to—

• (a) the applicant, and in the case of a decision on a group of applications, each applicant; and

• (b) each person who made a submission and was heard at the hearing; and

• (c) each person or body that exercised the right, or was permitted by the Authority, to appear under section 68.

(1) In the case of a successful application, the chairperson must ensure that a Rugby World Cup liquor licence is issued—

• (a) in the form prescribed by regulations made under this Act; and

• (b) subject to any requirements imposed as a prior condition of the licence being met.

(2) The premises or area that is the subject of an application for a licence is not subject to a Rugby World Cup liquor licence until a licence is issued.

(3) If the Authority considers an application under this Part concurrently with an application under Part 3 in respect of the same premises or area, it must not issue a Rugby World Cup liquor licence in respect of the premises or area until all the necessary approvals have been granted.

(1) A licence granted under this Part is, unless expressly stated otherwise, subject to the following conditions:

• (a) the licensee must ensure that at all times there is displayed,—

  • (i) on the exterior of the premises or within the area subject to the licence, a sign that is easily read by persons immediately outside the principal entrance of the premises or within the area; and

  • (ii) inside the premises or at a suitable site within the area subject to the licence, so as to be easily read by persons entering the premises or within the area, a copy of the licence and its conditions; and

• (b) the licensee has available, for consumption on the premises or in the area,—

  • (i) a reasonable range of non-alcoholic refreshments for sale or supply; and

  • (ii) drinking water free of charge; and

• (c) the licensee is not obliged to sell or supply liquor at any time or to any person.

(2) The sign required by subsection (1)(a)(i) must state that a Rugby World Cup liquor licence is held in respect of the premises or area and the days and hours of opening that apply under that licence.

(3) Subsection (1)(c) applies subject to the Human Rights Act 1993.

(4) If the licensee is the holder of a licence by virtue of the Sale of Liquor Act 1989, the Rugby World Cup liquor licence must be displayed beside the other licence.

(5) Subsection (4) does not limit section 59(2).

(1) In granting any licence under this Part, the Authority must impose conditions relating to the following matters:

• (a) the days on which liquor may be sold or supplied, which may only be within the period prescribed in section 58(3)(a); and

• (b) the hours during which liquor may be sold or supplied; and

• (c) the sale and supply of low-alcohol beverages; and

• (ca) the provision of food for consumption on the premises or in the area to which the licence applies; and

• (d) actions that are prohibited in order to discourage the excessive consumption of liquor by persons on the premises or in the area; and

• (e) the maximum number of patrons permitted on the premises or in the area at any one time; and

• (f) the provision of information about, or assistance with, alternative forms of transport from the premises or area.

(2) Different conditions may be imposed under subsection (1)(a) and (b) in respect of different parts of the premises or area.

(3) In granting a licence under this Part, the Authority may impose conditions relating to—

• (a) the designation of the whole or a specified part or parts of the premises or area to which the licence applies as a restricted area or supervised area:

• (c) any limits on when liquor may be served, and what quantity or kind of liquor may be served:

• (d) the types and sizes of vessels in which drinks must be served:

• (e) information that the licensee must provide to patrons as a means to promote responsible consumption of liquor:

• (f) the number of security staff that must be in attendance at any time and the means to control access to the premises or area, including an emergency evacuation plan:

• (g) any other security measures that are required:

• (ga) the payment of a bond to the administrative secretariat to secure compliance with any conditions relating to the mitigation or remedying of any adverse effects to public property arising from a Rugby World Cup liquor licence:

• (h) other conditions that the Authority considers necessary or desirable to minimise harm to persons or property.

(3A) In the case of a Rugby World Cup liquor licence granted under this Part to a club or a chartered club, the Authority may also impose a condition restricting or otherwise defining the class of persons who may purchase or be served with liquor.

(4) In determining the conditions to be imposed in respect of any licence, the Authority must have regard to—

• (a) the purpose of this Part and of this Act; and

• (b) the days and times when persons are likely to be attending the tournament; and

• (c) the site of the premises or area in relation to the neighbouring land use.

(1) No class 4 gambling must take place on or in premises or an area subject to a Rugby World Cup liquor licence unless, at the time of the granting of that licence, the premises or area was subject to—

• (a) a licence under the Sale of Liquor Act 1989 or a permanent club charter; and

• (b) a class 4 venue licence.

(2) If a Rugby World Cup liquor licence extends the hours or days when liquor may be sold or supplied for consumption on or in premises or an area that was, at the time of the granting of that licence, subject to a licence granted under the Sale of Liquor Act 1989, no class 4 gambling may take place during those extended hours.

(3) Subsections (1) and (2) apply despite anything in—

• (a) the Gambling Act 2003; or

• (b) a class 4 venue licence.

(4) Class 4 gambling and class 4 gambling venue licence have the meanings given in section 4(1) of the Gambling Act 2003.

(1) In this Part, manager has the meaning given in section 2 of the Sale of Liquor Act 1989, and the provisions of that Act apply, in relation to a person who is, or may be appointed as, a manager under this Part, as if a reference to—

• (a) licensed premises were a reference to premises or an area subject to a Rugby World Cup liquor licence; and

• (b) a licence were a reference to a Rugby World Cup liquor licence.

(2) The licensee is responsible for ensuring that the management of the premises or area is appropriately carried out in accordance with—

• (a) the conditions of the licence to which the premises or area is subject; and

• (b) the provisions of this Part.

(3) At all times when liquor is sold or supplied to the public on premises or in an area subject to a Rugby World Cup liquor licence,—

• (a) a manager must be on duty; and

• (b) the manager is responsible for compliance with—

  • (i) the provisions of this Part; and

  • (ii) the conditions of the Rugby World Cup liquor licence; and

• (c) the name of the manager must be displayed inside the premises, or within the area, subject to a Rugby World Cup liquor licence and, for the purposes of this Part, the named person is to be treated as the manager of the premises or area at that time; and

• (d) the licensee must take all reasonable steps to enable the manager to comply with his or her obligations under this Part.

(1) The following provisions of the Sale of Liquor Act 1989 apply under this Part:

• (a) section 223 (which relates to service on licensees and managers); and

• (b) sections 225 to 225B (which relate to the notification of changes to companies that hold licences); and

• (c) section 226 (which permits duplicate licences to be issued in certain circumstances); and

• (d) section 227 (which relates to the voluntary surrender of a licence); and

• (e) section 228 (which enables a temporary alternative licence to be issued in certain circumstances).

(2) Those provisions apply as if a reference to—

• (a) a licensee or manager under the Sale of Liquor Act 1989 were a reference under this Part:

• (b) the District Licensing Agency, the Licensing Authority, or the Secretary of the District Licensing Agency or Licensing Authority were a reference to the Authority under this Part:

• (c) licensed premises were a reference to premises or an area subject to a Rugby World Cup liquor licence under this Part.

(1) The provisions of section 131(1) to (3) of the Sale of Liquor Act 1989 apply to the powers of inspectors to enter premises or an area subject to a Rugby World Club liquor licence.

(2) The following provisions of the Sale of Liquor Act 1989 apply to the powers of constables in relation to premises or an area subject to a Rugby World Cup liquor licence:

• (a) sections 173(1) and (2) and 174(1) to (4) (which confer powers for the closure of premises in the case of rioting or fighting); and

• (b) sections 175(1) to (3) and 176(1) to (3) (which confer powers for constables to enter licensed premises without warrant and to demand information); and

• (c) sections 177 and 177A (which relate to the execution of a search warrant and confer power to seize samples).

(3) The provisions of the Sale of Liquor Act 1989 referred to in subsections (1) and (2) apply under this section as if a reference in those sections to—

• (a) a licence were a reference to a Rugby World Cup liquor licence; and

• (b) licensed premises were a reference to premises or an area subject to a Rugby World Cup liquor licence; and

• (c) a licensee or a manager were a reference to a licensee or a manager under this Part; and

• (d) a provision of the Sale of Liquor Act 1989 were a reference to that Act as applied by this Part.

(4) An order made under section 173(1) or 174(1) of the Sale of Liquor Act 1989 (which relate to the closure of licensed premises) may have effect from the time it is made until the time that the premises or area would otherwise close within the 24-hour period of the order being made, as provided for by the terms of the Rugby World Cup liquor licence.

(1) An inspector or constable may, at any time, apply to the Authority for an order to—

• (a) vary or revoke a condition of a Rugby World Cup liquor licence; or

• (b) impose any new condition relating to a matter specified in section 63A(1); or

• (c) suspend or cancel a licence.

(2) The grounds on which an order may be sought are that—

• (a) the provisions of this Part or the conditions of a licence have been breached:

• (b) the licensee has used the licence, or permitted the licence to be used, in an improper way:

• (c) the conduct of the licensee shows that the person is not suitable to hold a licence:

• (d) the premises or area subject to the licence are being used in a disorderly manner so as to be obnoxious to neighbouring residents or to the public.

(3) The Authority must, without delay, serve an application lodged under subsection (1) on the licensee of the relevant premises or area.

(4) The Authority must ensure that—

• (a) an application is considered and determined within 24 hours of being lodged; and

• (b) an opportunity to be heard and to call, examine, and cross-examine witnesses is given to—

  • (i) the inspector or constable, as the case may be; and

  • (ii) the licensee.

(5) If the Authority is satisfied that any ground in subsection (2) is established and that it is desirable to make an order, it must make the appropriate order, as permitted under subsection (1).

(7) The Authority must, without delay, notify a decision under this section to—

• (a) the licensee; and

• (b) the inspector or constable who applied for an order; and

• (c) each person or body who has responsibility for enforcing the conditions of the Rugby World Cup liquor licence.

(1) If the Authority is of the opinion, in relation to an application made under section 77(1), that the application discloses evidence of a serious breach of one of the grounds under section 77(2), the Authority may, despite section 77(4), and without notice to the licensee, make an order to—

• (a) suspend the licence for any period that the Authority considers appropriate in the circumstances; or

• (b) cancel the licence.

(2) An order made under subsection (1) comes into effect as soon as notice is served on the licensee.

(3) Notice of the order must also be given in accordance with section 77(7)(b) and (c).

(4) A licensee may apply to the Authority to set aside an order given under section 77(1) not later than 5 working days after receiving notice of the order under subsection (2) of this section.

(5) Section 77(4) applies to an application made under subsection (4) of this section as if it were an application under section 77(1).

(1) This section applies if a Medical Officer of Health (within the meaning of section 2(1) of the Health Act 1956) or a member of the New Zealand Fire Service established under the Fire Service Act 1975 has reason to believe that persons using premises or an area are likely to be injured or their safety is likely to be endangered because of the failure of the licensee of the premises or area subject to a Rugby World Cup liquor licence to comply with any requirements (other than requirements under the Building Act 2004) relating to—

• (a) public health; or

• (b) the escape of people in the event of fire.

(2) The Medical Officer of Health or the member of the New Zealand Fire Service may apply to the Authority for—

• (a) immediate suspension or cancellation of the licence; or

• (b) immediate variation of the conditions of the licence.

(3) As a matter of urgency, the Authority—

• (a) must summon the licensee to appear not later than 24 hours after the summons is served, to establish good reasons why the licence should not be suspended, cancelled, or its conditions varied; or

• (b) may, if the Authority is satisfied, on the evidence of the applicant, that the health and safety of persons using the premises or area are in danger,—

  • (i) suspend the licence until it is satisfied that everything necessary or desirable to remedy the default has been done and there is no further likelihood of danger; or

  • (ii) order the closure of the premises or of the area and cancel the licence; or

  • (iii) vary the conditions of the licence to ensure that the health and safety of persons are not endangered.

(4) Despite subsection (3), if the Authority is of the opinion that an application under subsection (2) discloses evidence of an immediate and serious risk to the health and safety of any person, the Authority may, without hearing from the licensee, make an order of the kind specified in section 77A(1).

(5) Section 77A(2) to (5) apply, with any necessary modifications, to an order made under subsection (4) as if the application were an application made under section 77.

(1) An inspector or constable may, at any time, apply to the Authority for an order to suspend or cancel a manager's certificate.

(2) The grounds on which an order may be sought are that—

• (a) the manager has failed to manage the premises or area subject to a Rugby World Cup liquor licence in a proper manner in accordance with the provisions of this Part and the conditions of the licence:

• (b) the conduct of the manager shows that the manager is not suitable to hold the certificate.

(3) The Authority must, without delay, serve an application made under subsection (1) on the manager and on the licensee of the relevant premises or area.

(4) The Authority must ensure that—

• (a) an application is considered and determined within 24 hours of being made; and

• (b) an opportunity to be heard and to call, examine, and cross-examine witnesses is given to—

  • (i) the inspector or constable; and

  • (ii) the manager; and

  • (iii) if appropriate, the licensee.

(5) If the Authority is satisfied that any ground in subsection (2) is established and that it is desirable to make an order, it must make the appropriate order.

(1) A licensee commits an offence and is liable to a fine not exceeding $5,000 who fails, without reasonable excuse,—

• (a) to appoint a manager for the purposes of section 74; or

• (b) to ensure compliance with that section.

(2) However, the licensee is not responsible for an offence against this Part by a manager except if the licensee was a party to the offence.

(1) The offences under sections 131(5), 154A, 155(1), 161, 164, 165, 166(1), 167, 168, 169, 171, 173(4) and (5), 174(6) and (7), and 175(5) of the Sale of Liquor Act 1989 (offences by a licensee or manager against that Act) are to be treated as if they were offences by a licensee or manager against this Part.

(2) The penalties prescribed under the sections of the Sale of Liquor Act 1989 referred to in subsection (1) apply under this section as if they were prescribed under this Part.

(3) The provisions referred to in subsection (1) apply as if a reference to—

• (a) a licence were a reference to a Rugby World Cup liquor licence under this Part; and

• (b) a licensee or manager were a reference to a licensee or manager under this Part; and

• (c) licensed premises or premises were a reference to premises or an area subject to a Rugby World Cup liquor licence under this Part; and

• (d) the conditions of a licence were a reference to the conditions of a Rugby World Cup liquor licence; and

• (e) a provision of the Sale of Liquor Act 1989 were a reference to that provision of that Act as applied by this Part.

(1) The offences in sections 131(4), 151, 152, 153, 154, 155(2), 160, 162, 163, 166(2), 170, 172, 175(4), and 176(4) of the Sale of Liquor Act 1989 (offences against that Act by persons other than a licensee or manager) are offences against this Part.

(2) The penalties prescribed in the sections of the Sale of Liquor Act 1989 referred to in subsection (1) apply under this section as if they were prescribed under this Part.

(3) The provisions referred to in subsection (1) apply as if a reference to—

• (a) a licence were a reference to a Rugby World Cup liquor licence; and

• (b) a licensee or manager were a reference to a licensee or manager under this Part; and

• (c) unlicensed premises were a reference to premises or an area that is not subject to a Rugby World Cup liquor licence; and

• (d) the conditions of a licence were a reference to the conditions of a Rugby World Cup liquor licence; and

• (e) a provision of the Sale of Liquor Act 1989 were a reference to that provision of that Act as applied by this Part.

Sections 178 to 180 of the Sale of Liquor Act 1989 (which relate to matters of evidence) apply, with the necessary modifications, as if the proceedings in relation to offences against the provisions of this Part were offences against the provisions of that Act.

(1) Offences against this Part are punishable on summary conviction.

(2) On the conviction of a person for an offence against this Part, the Court may declare liquor found in the possession of the offender or on the premises where the offence occurred, together with the containers and packages, to be forfeited to the Crown.

(3) The exemption under section 157 of the Sale of Liquor Act 1989 applies, with the necessary modification, to the supply of liquor on premises or in an area subject to a Rugby World Cup liquor licence.

(4) Section 184 of the Sale of Liquor Act 1989 (which relates to the notification of any prosecution or conviction) applies as if the offence against provisions of this Part were an offence against the provisions of that Act.

(5) The Registrar of the court that entered the conviction must also send a notice of a conviction under this Part to the Authority.

(1) Section 84 amends the Sale of Liquor Act 1989.

(2) The following section is inserted above the Part 7 heading:

Sections 162A to 162D of the Sale of Liquor Act 1989 apply, with any necessary modifications, in relation to the relevant offences under section 82 as they do to offences under sections 162 and 163 of that Act.

(1) A person or body that applied for a Rugby World Cup liquor licence under this Part may appeal to the High Court, but only on a question of law, if that person or body is dissatisfied with—

• (a) a decision of the Authority under section 69 or 70 (which relate to the decision to grant or decline a licence); or

• (ab) a decision of the Authority under sections 77 to 79 (which relate to the suspension or cancellation of a license or the variation of its conditions); or

• (ac) a decision of the Authority under section 79A (which relates to the suspension or cancellation of a manager's certificate); or

• (b) the conditions imposed on a licence under section 73 (which relates to the imposition of conditions).

(2) An appeal under this section must be made in accordance with the High Court Rules, except to the extent that those rules are inconsistent with Schedule 2.