Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Bill
Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Bill
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Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Bill
Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Bill
Government Bill
262—1
Explanatory note
General policy statement
The Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Bill (the Bill) amends the Sale and Supply of Alcohol Act 2012 (the Act) to improve alcohol regulation and remove barriers to economic growth while furthering the object of the Act.
The sale and supply of alcohol provide economic and social benefit to New Zealand, while also contributing to violent crime along with other social and health harm. Alcohol regulation should therefore strike a balance between minimising the potential for alcohol-related harm and avoiding unnecessary constraints on legitimate businesses that sell alcohol.
The Bill will strengthen some key areas to support the object of the Act (to minimise harm) while also providing for a fairer, more certain licensing process with benefits for businesses and consumers.
The Bill will achieve this by—
ensuring objections to licensing applications come from local communities; and
allowing licence applicants a right of reply to objectors; and
requiring district licensing committees to change licensing conditions, rather than decline a renewal application, if the licence is inconsistent with a local alcohol policy; and
allowing hairdressers and barbers to supply small amounts of alcohol to customers without a licence if certain conditions are met; and
allowing premises similar to wineries, such as breweries, meaderies, and distilleries, to hold both an on-licence and an off-licence at the same time and to charge for samples; and
streamlining special licensing for events and ensuring that licence decisions are made using a risk-based framework that will be set out in regulations; and
enabling the Governor-General, on the advice of the responsible Minister, to declare stand-alone exemptions to special licensing requirements for club and on-licensed premises to televise significant events outside usual trading hours; and
clarifying responsibilities for rapid delivery services, which will reduce the risk of delivery to intoxicated and under-age persons; and
allowing club and on-licensed premises to stock zero-alcohol drinks instead of, or in addition to, low-alcohol drinks; and
allowing licensed supermarkets and grocery stores to display and promote in single areas zero-alcohol alternatives to spirits, liqueurs and ready-to-drink mixed drinks; and
allowing restaurants that prepare and sell food products from retail sites on the same premises to apply for an off-licence in addition to an on-licence; and
allowing clubs to hold either a club licence or an on-licence.
Departmental disclosure statement
The Ministry of Justice is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.
A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2026&no=262
Regulatory impact statement
The Ministry of Justice produced regulatory impact statements on 7 August 2025 and 28 October 2025 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.
Copies of these regulatory impact statements can be found at—
Clause by clause analysis
Clause 1 is the Title clause.
Clause 2 is the commencement clause. It provides that the Bill comes into force 6 months after Royal assent. However, subpart 3 of Part 1 (relating to special licences) comes into force by Order in Council or otherwise 12 months after Royal assent if an Order in Council has not set an earlier date. This is to provide time to develop the regulations that are required to implement the Bill.
Clause 3 provides that the Bill amends the Sale and Supply of Alcohol Act 2012 (the principal Act).
Part 1Amendments to principal Act
Subpart 1—Amendments relating to general licensing process
Restrictions on objections
Clauses 4 to 7 amend the principal Act to provide that the only persons who may object to certain licence-related applications are persons who can certify to the relevant licensing committee, in the prescribed form and manner, that they are resident, or have an office or a place of business,—
in the district of the licensing committee; or
within 1 kilometre of the premises to which the application relates.
Right to respond to objections
Clauses 8 to 15 amend the principal Act to permit an applicant to respond to an objection made to their application within 15 working days after receiving a copy of the objection and include consequential amendments to sections 104, 130, 202, and 397.
Renewal of licences
Clause 16 reinstates section 133 as it was before its replacement by section 13 of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023. The effect of this is that, when considering whether to renew a licence, a licensing authority or licensing committee may not take into account any inconsistency between the renewal and a relevant local alcohol policy (but may impose particular conditions on the renewed licence).
Subpart 2—Amendments relating to club licences and on-licences
Clubs without club licence permitted to hold on-licence
Clause 17 amends section 29 of the principal Act so that clubs are no longer prohibited from holding an on-licence, but are still prohibited from holding an on-licence and a club licence at the same time.
Clause 18 makes a consequential amendment to section 30 of the principal Act.
Requirements to supply low-alcohol or similar drinks
Clause 19 amends section 51 of the principal Act to distinguish the non-alcoholic drinks referred to in that section from those described in section 52.
Clause 20 amends section 52 of the principal Act to provide that the holders of on-licences or club licences may sell for consumption certain drinks containing less than 1.15% of ethanol, instead of, or in addition to, the low-alcohol drinks between 1.15% and 2.5% ethanol that are required to be available for sale.
Extended trading hours during televised significant events
Clause 21 inserts new sections 45A to 45G into the principal Act.
New section 45A states the purpose of new sections 45B to 45G, which is to facilitate extended trading hours for certain licensed premises during televised significant events.
New section 45B defines some of the terms used in new sections 45A to 45G.
New section 45C applies new sections 45D to 45F to certain licensed premises.
New section 45D provides for extended trading hours.
New section 45E sets out the effect of the extensions.
New section 45F requires the display of certain information about the extensions.
New section 45G provides that new sections 45A to 45G do not limit or affect an application for, or the operation of, a special licence.
Clause 22 amends section 259 to make it clear that a failure to comply with the requirement to display information about extensions under new section 45F is an offence under section 259(1)(a).
Clause 23 inserts new section 405A into the principal Act, which provides that the Governor-General may make regulations designating an event as a significant event for the purposes of new sections 45A to 45G and setting out certain requirements and conditions.
Subpart 3—Amendments relating to special licences
Clause 24 makes a consequential amendment to the cross-referencing in section 140(3).
Clause 25 amends section 142 of the principal Act to replace most of the criteria for issuing special licences with a requirement to, in accordance with regulations, assess and classify the risk of alcohol-related harm that would arise from issuing the licence and have regard to that risk (and any other matters prescribed by regulations) when deciding whether to issue the licence.
Clause 26 inserts into the principal Act new section 142A, which provides that licensing committees that receive applications for events that are part of a group of interconnected events must consult each other when considering the applications.
Clauses 27 and 28 make consequential amendments to the cross-referencing in sections 143(2) and 144.
Clauses 29 and 30 replace section 146 and repeal section 147 respectively, with the effect of removing the conditions that may be applied to a special licence and instead providing for a licensing committee to issue a special licence subject to any conditions that are permitted or required by regulations.
Clauses 31 and 32 make consequential amendments to the cross-referencing in sections 283 and 284.
Clause 33 amends section 397 to provide for the Governor-General to make certain types of regulations that apply to applications for special licences, including matters for a licensing committee to have regard to, criteria to assess and classify the risk of alcohol-related harm arising from the application, the action a licensing committee must take if the risk is of a particular classification, and the conditions that may or must be applied to the licence.
Subpart 4—Other amendments
Producer tasting rooms permitted to sell alcohol samples and hold off-licence
Clause 34 amends section 5 to repeal the definition of winery cellar door and insert a new definition of producer tasting room. The effect of these amendments is to extend the provisions of the principal Act that apply to retail premises that sell grape wine made on those premises or from produce harvested from the operator’s land so that the provisions apply to any alcohol made in that way (not just grape wine).
Clause 35 amends section 17 to provide that a producer tasting room with an off-licence can sell, as a sample, wine, mead, beer, spirit, liqueur, or any other alcohol specified in regulations and to set out the sample limits for the different types of alcohol. The limits are,—
in the case of wine or mead, no more than 35 millilitres of that alcohol:
in the case of beer, no more than 50 millilitres of that alcohol:
in the case of spirit or liqueur, no more than 10 millilitres of that alcohol:
in the case of any other alcohol specified in regulations, no more than the limit specified in those regulations for that alcohol.
Clause 36 amends section 32 to provide that an off-licence may be issued for premises that (in the opinion of the licensing authority or licensing committee concerned) are a producer tasting room.
Clause 37 makes consequential amendments to section 62A to ensure that the requirement to make snack food available when selling samples applies to producer tasting rooms in the same way that it applied to winery cellar doors.
Hairdressing shops permitted to supply alcohol in certain circumstances
Clause 38 inserts into the principal Act new section 12A, which provides that a person may supply a single serving of alcohol to a customer in a hairdressing shop without a licence if certain conditions are met.
Clause 39 amends section 260 to provide that a breach of new section 12A is an infringement offence.
Certain restaurants permitted to hold off-licence
Clause 40 amends section 32 of the principal Act to provide that an off-licence may be issued for a restaurant if it holds an on-licence and includes retail premises from which food or non-alcoholic drinks prepared on the premises are sold for consumption somewhere else.
Requirements relating to rapid delivery of alcohol
Clause 41 inserts new section 59A, which requires a rapid delivery service to ensure that any person delivering alcohol for the service is not a minor, and provides that the person delivering the alcohol may only complete the delivery if a person who is not a minor and not intoxicated is present to receive the alcohol.
Clause 42 amends section 259 to exclude new section 59A from being an offence under section 259(1)(a).
Display of non-alcoholic beverages in supermarkets and grocery stores
Clause 43 amends section 114 of the principal Act to allow for the display or promotion of, or the advertisement for, certain non-alcoholic drinks within an alcohol area in a supermarket or grocery store.
Part 2Transitional amendments
Clause 44 inserts the transitional provision set out in the Schedule into Schedule 1AA of the principal Act. The provision sets out that certain applications that are filed before the relevant clauses of this Bill commence must be decided as if this Bill had not been enacted.
Hon Nicole McKee
Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Bill
Government Bill
262—1
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Act 2026.
2 Commencement
(1)
This Act comes into force 6 months after Royal assent.
(2)
However, subpart 3 of Part 1 comes into force on a single date set by Order in Council.
(3)
If subpart 3 of Part 1 has not come into force by 12 months after Royal assent, it comes into force then.
(4)
An Order in Council made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
3 Principal Act
This Act amends the Sale and Supply of Alcohol Act 2012.
Part 1 Amendments to principal Act
Subpart 1—Amendments relating to general licensing process
Restrictions on objections
4 Section 102 amended (Objections to applications)
Replace section 102(1) with:
(1)
A person may object to an application for the grant of a licence only if the person certifies to the licensing committee, in the prescribed form and manner, that the person resides or has an office or a place of business—
(a)
in the district of the licensing committee to which the application is made; or
(b)
within 1 kilometre of the premises to which the application relates.
5 Section 120 amended (Variation of conditions)
Replace section 120(4) with:
(4)
A person may object to the grant of the application only if the person certifies to the licensing committee, in the prescribed form and manner, that the person resides or has an office or a place of business—
(a)
in the district of the licensing committee to which the application is made; or
(b)
within 1 kilometre of the premises to which the application relates.
6 Section 128 amended (Objections to renewal)
Replace section 128(1) with:
(1)
A person may object to an application for the renewal of a licence only if the person certifies to the licensing committee, in the prescribed form and manner, that the person resides or has an office or a place of business—
(a)
in the district of the licensing committee to which the application is made; or
(b)
within 1 kilometre of the premises to which the application relates.
7 Section 140 amended (Objections to applications)
Replace section 140(1) with:
(1)
A person may object to the grant of a special licence only if—
(a)
the secretary of the licensing committee concerned has under section 139(b) required the applicant to give notice of the application for the grant; and
(b)
the person certifies to the licensing committee, in the prescribed form and manner, that the person resides or has an office or a place of business—
(i)
in the district of the licensing committee to which the application is made; or
(ii)
within 1 kilometre of the premises to which the application relates.
Right to respond to objections
8 Section 102 amended (Objections to applications)
After section 102(5), insert:
(6)
The applicant may respond to an objection.
(7)
A response to an objection must be in writing and filed with the licensing committee within 15 working days after the applicant receives a copy of the objection under subsection (5).
9 Section 104 amended (Who decides application for licence)
After section 104(3)(c), insert:
(ca)
any response to an objection and any papers filed in support of the response; and
10 Section 120 amended (Variation of conditions)
After section 120(5), insert:
(5A)
The applicant may respond to an objection.
(5B)
A response to an objection must be in writing and filed with the licensing committee within 15 working days after the applicant receives a copy of the objection under section 102(5).
11 Section 128 amended (Objections to renewal)
After section 128(4), insert:
(5)
The applicant may respond to an objection.
(6)
A response to an objection must be in writing and filed with the licensing committee within 15 working days after the applicant receives a copy of the objection under subsection (4).
12 Section 130 amended (Who decides application for renewal)
After section 130(3)(c), insert:
(ca)
any response to an objection and any papers filed in support of the response; and
13 Section 140 amended (Objections to applications)
After section 140(4), insert:
(5)
The applicant may respond to an objection.
(6)
A response to an objection must be in writing and filed with the licensing committee within 15 working days after the applicant receives a copy of the objection under subsection (4).
14 Section 202 amended (Procedure)
In section 202(3)(b), after “having considered the application”
, insert “and any response to the objection”
.
15 Section 397 amended (Regulations)
In section 397(1)(a), after “the procedure to be followed in respect of applications, objections,”
, insert “responses to objections,”
.
Renewal of licences
16 Section 133 replaced (Renewal of licences where relevant local alcohol policy exists)
Replace section 133 with:
133 Renewal of licences where relevant local alcohol policy exists
(1)
In considering whether to renew a licence, the licensing authority or licensing committee concerned must not take into account any inconsistency between a relevant local alcohol policy and—
(a)
the renewal of the licence; or
(b)
the consequences of its renewal.
(2)
The licensing authority or licensing committee concerned may impose particular conditions on any licence it renews if—
(a)
there is any relevant local alcohol policy; and
(b)
it considers that the renewal of the licence, or the consequences of the renewal of the licence, without those conditions imposed on it would be inconsistent with the policy.
Subpart 2—Amendments relating to club licences and on-licences
Clubs without club licence permitted to hold on-licence
17 Section 29 amended (Limitations on holding of on-licences and off-licences by clubs)
In section 29(1), after “an on-licence”
, insert “and a club licence at the same time”
.
18 Section 30 amended (Who can hold club licences)
In section 30, after “club licence”
, insert “(but see section 29(1))”
.
Requirements to supply low-alcohol or similar drinks
19 Section 51 amended (Non-alcoholic drinks to be available)
In section 51, after “non-alcoholic drinks”
, insert “(other than those described in section 52(1)(b) and (c))”
.
20 Section 52 amended (Low-alcohol drinks to be available)
(1)
Replace the heading to section 52 with “Low-alcohol or similar drinks to be available”
.
(2)
Replace section 52(1) with:
(1)
The holder of an on-licence or a club licence must ensure that there is available for sale and consumption on the premises at least 1 of the following:
(a)
alcohol containing not more than 2.5% ethanol by volume at 20°C:
(b)
beer, wine, or mead containing less than 1.15% ethanol by volume at 20°C:
(c)
a potable distillate (for example, whisky, brandy, rum, gin, vodka, or tequila) that contains less than 1.15% of ethanol by volume measured at 20°C and is 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.
(3)
In section 52(2)(a)(ii), replace “alcohol”
with “a substance”
.
(4)
After section 52(2), insert:
(3)
In this section, beer and mead have the same meanings as in section 58(3).
Extended trading hours during televised significant events
21 New sections 45A to 45G and cross-heading inserted
After section 45, insert:
Televised significant events
45A Purpose
The purpose of sections 45B to 45G is to facilitate extended trading hours (and related adjustments to one-way door restrictions) for some premises—
(a)
for which an on-licence or a club licence is held; and
(b)
in which the licensee intends to televise, and televises, on a particular night, a significant event.
45B Significant event and other terms defined
In section 45A, this section, and sections 45C to 45G,—
night, in relation to licensed premises, means a period all or some of which is outside the permitted trading hours, including morning hours
significant event means an event that is designated as a significant event in regulations made under section 405A
televise, in relation to a significant event, means to show the significant event via a live audiovisual communication—
(a)
in any form, on any basis (for example, subscription to a television channel or service), and using any medium or media (for example, satellite television broadcast, or Internet video streaming); and
(b)
to or for customers or to or for a class of customers.
45C Eligible premises
(1)
Sections 45D to 45F apply to any licensed premises for which an on-licence or a club licence—
(a)
is held, and not suspended or cancelled, immediately before, on, or after the date of commencement of regulations made under section 405A; and
(b)
has not been varied or suspended under section 280 within 12 months before the date on which the licensee gives notice under this section; and
(c)
complies with any regulations made under section 405A.
(2)
However, sections 45D to 45F apply to the premises only if the licensee has given the territorial authority and the Police at least 7 days’ written notice—
(a)
that the licensee intends to televise in the premises on the night of the significant event; and
(b)
of the details of a noise management plan that is, or other arrangements for managing noise levels that are, appropriate to the locality and that the licensee is to have in place during every proposed extension under section 45D to the permitted trading hours; and
(c)
that complies with any regulations made under section 405A.
(3)
The details under subsection (2)(b) must state how the licensee will comply with section 45E(1)(c).
(4)
The notification to the Police must be sent to the constable in charge of the police station nearest to the premises for which the licence is held.
(5)
Sections 45D to 45F cease to apply to the premises if—
(a)
an application for an order under section 280 suspending or cancelling a licence is made on the grounds, expressly stated in the application, that the premises have clearly been conducted in breach, without reasonable excuse, of any of sections 45D to 45F; and
(b)
a copy of the application is sent to, and received by, the licensee.
(6)
A licensee who has given notice under subsection (2) but subsequently decides not to televise in the premises a significant event on the night specified in that notice must, as soon as is reasonably practicable, give notice of the decision to the territorial authority and the constable in charge of the police station nearest the premises for which the licence is held.
(7)
A notice given under subsection (6) must comply with any regulations made under section 405A.
(8)
If notice is given under subsection (6), sections 45D to 45F cease to apply.
45D Trading hours extended
(1)
The licensee has the extension provided in this section to the permitted trading hours, but only if the primary or sole purpose of the premises being open on the night is to allow customers to watch the televised significant event notified by the licensee under section 45C.
(2)
The premises may be open during each significant event televised.
(3)
The premises may open 1 hour before the start of each significant event to be televised.
(4)
However, if the first or only significant event to be televised is to start no more than 2 hours after the end of the last period of permitted trading hours for the premises, the premises may stay open after that period until that significant event starts.
(5)
The premises are required to close for the sale of alcohol 30 minutes after the end of each significant event televised (unless that 30-minute period ends after the start of the 1-hour period under subsection (3) for the next significant event to be televised).
(6)
Sections 255 and 256 make it an offence for a person to whom section 255(1) applies to be found in (and for the licensee or a manager of the premises to allow a person to be on) any part of the premises, if they are on-licence premises used principally or exclusively for the sale, supply, or consumption of alcohol, at any time that—
(a)
is not a time when a special licence applies to the premises; and
(b)
is not between 6 am and the time when the next period of permitted trading hours for the premises begins; and
(c)
is—
(i)
more than 30 minutes after the premises are required to close for the sale of alcohol; or
(ii)
a time when the premises are required to be closed for the sale of alcohol.
Example 1: significant event starts during and finishes outside permitted trading hours
The licensee notifies that a significant event is to be televised at 11 pm.
The last period of permitted trading hours for the premises ends at 11.30 pm.
The premises can be open during the significant event televised, which ends at 12.45 am.
The premises are required to be closed for the sale of alcohol at 1.15 am.
The premises are on-licence premises used mainly or only for the sale, supply, or consumption of alcohol, so no customer can be found in, or allowed to be on, the premises after 1.45 am and before 6.00 am.
Example 2: significant event starts no more than 2 hours outside permitted trading hours
The licensee notifies that a significant event is to be televised at midnight.
The last period of permitted trading hours for the premises ends at 10 pm.
As the significant event is to start no more than 2 hours after 10 pm, the premises can stay open after 10 pm until the significant event starts at or about midnight.
The premises can be open during the significant event televised, which ends at 1.45 am.
The premises are required to close for the sale of alcohol at 2.15 am.
The premises are on-licence premises used mainly or only for the sale, supply, or consumption of alcohol, so no customer can be found in, or allowed to be on, the premises after 2.45 am and before 6.00 am.
Example 3: significant event starts more than 2 hours outside permitted trading hours
The licensee notifies that a significant event is to be televised at 3.45 am.
The last period of permitted trading hours for the premises ends at 5 pm.
The premises can open at 2.45 am (1 hour before the start of the significant event).
The significant event ends at 5.30 am.
The premises are required to close for the sale of alcohol at 6.00 am.
Example 4: successive significant events
The licensee notifies that the following significant events are to be televised:
a significant event to start at 2.00 am:
a significant event to start at 4.45 am:
a significant event to start at 8.00 am.
The last period of permitted trading hours for the premises ends at 12.30 am.
The opening time for permitted trading hours is 8.00 am.
The premises can remain open and sell, supply, and let people consume alcohol on the premises from 12.30 am (the end of the last period of permitted trading hours) until 12.30 am the following day (the end of the last period of permitted trading hours), because—
(a)
the first significant event is to start no more than 2 hours after 12.30 am; and
(b)
premises can open 1 hour before the start of each significant event to be televised; and
(c)
alcohol sales are required to close 30 minutes after the significant event ends, unless that 30-minute period ends after the start of the 1-hour period under paragraph (b); and
(d)
the third significant event starts at the premises’ opening time for permitted trading hours at 8.00 am.
Example 5: non-successive significant events
The licensee notifies that the following significant events are to be televised (but opts not to host the second significant event):
a significant event to start at 2.00 am:
a significant event to start at 4.45 am:
a significant event to start at 8.00 am.
The last period of permitted trading hours for the premises ends at 12.30 am.
The opening time for permitted trading hours is 8.00 am.
As the first significant event is to start no more than 2 hours after the end of the last period of permitted trading hours, the premises can remain open from 12.30 am until the first significant event ends at 3.45 am.
The premises are required to close for the sale of alcohol at 4.15 am.
The premises are on-licence premises used mainly or only for the sale, supply, or consumption of alcohol, so no customers can be found in, or allowed on, the premises after 4.45 am and until 6.00 am.
The premises can open again for the sale of alcohol at 7.00 am (1 hour before the start of the third significant event).
The third significant event ends at 8.45 am, within the premises’ permitted trading hours, so the premises can remain open until 12.30 am (the last period of permitted trading hours) the following day.
45E Effect of extensions (on one-way door restrictions, etc)
(1)
While premises are open under an extension under section 45D,—
(a)
the licensee has, for the purposes of section 247(1), the authority of this Act to do any of the following things:
(i)
sell or supply alcohol on the premises for consumption there; or
(ii)
let people consume alcohol on the premises; and
(b)
sections 46 to 63 and 259(1) require the licensee to comply with all applicable requirements and restrictions imposed by or under this Act, and with every (and, in particular, with the most restrictive relevant applicable) condition subject to which the licence has been issued or renewed, except to the extent that those requirements, restrictions, or conditions are overridden under subsection (4)(a); and
(c)
the licensee must comply with the following conditions:
(i)
open areas cannot be used for any purpose (despite section 12 of the Smokefree Environments and Regulated Products Act 1990):
(ii)
audio equipment (for example, loudspeakers, amplifiers, or audio relay equipment) cannot be used in an open area:
(iii)
bottles or other rubbish cannot be disposed of, or left for collection, in an open area.
(2)
An extension under section 45D—
(a)
must be treated as if it were part of the permitted trading hours (for example, under sections 46(1) and 259(1)(a)) on a day on which alcohol may be sold and supplied; and
(b)
is not (for example, under sections 255(1)(c)(i) and (ii) and 256), while the extension operates, a time when the premises are required to close, or to be closed, for the sale of alcohol.
(3)
Any one-way door restriction (whether imposed on the licence or in a relevant local alcohol policy) applicable to the premises during the permitted trading hours does not operate—
(a)
during the hour before an extension starts under section 45D(3); or
(b)
during an extension under section 45D to the permitted trading hours; or
(c)
an hour after the premises are required under section 45D(5) to close for the sale of alcohol.
(4)
Section 45D and this section—
(a)
override any contrary provisions of this Act, of a relevant local alcohol policy, or of a condition of the licence; and
(b)
do not affect closure of the premises under section 265 or 266 or the operation of subpart 9 of Part 2 (other enforcement provisions) in respect of the premises.
(5)
A person’s use of land must be treated as not contravening section 9 of the Resource Management Act 1991 if—
(a)
it complies with section 45D and the rest of this section; and
(b)
it would comply with section 9 of the Resource Management Act 1991 if it occurred only during permitted trading hours.
(6)
For the purposes of subsection (1)(c), open area has the same meaning as in section 2(1) of the Smokefree Environments and Regulated Products Act 1990.
45F Display of information about extensions
(1)
If sections 45D and 45E apply, under section 45C, to licensed premises, the licensee must display promptly a general statement about how sections 45D and 45E may be, and are to be, used in respect of the premises.
(2)
The statement must be displayed in the same way as section 57(1) or (2) requires display of a statement of all conditions subject to which the licence is issued.
45G Special licences unaffected, and not limiting, but do not apply if notice given
(1)
Sections 45A to 45F and this section do not limit or affect—
(a)
an application for a special licence issued in respect of an event related to a significant event; or
(b)
the operation of a special licence of that kind.
(2)
Section 45C(1) applies to premises even if a special licence is also held for the premises and has been issued in respect of an event related to all or any significant events that the licensee intends to televise in those premises in reliance instead on sections 45D and 45E.
(3)
However, if the holder of the special licence gives notice under section 45C(2) that the licensee intends to televise 1 or more significant events in reliance on sections 45D and 45E,—
(a)
sections 45D to 45F apply to the premises; and
(b)
for the period of the extension provided by section 45D, the special licence does not apply to the premises.
22 Section 259 amended (Failure to comply with certain requirements and restrictions imposed by or under this Act)
In section 259(1)(a), after “sections”
, insert “45F,”
.
23 New section 405A inserted (Significant event regulations)
After section 405, insert:
405A Significant event regulations
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
(a)
designating an event as a significant event for the purposes of sections 45A to 45G:
(b)
prescribing forms for giving notice, and the manner in which notice must be given, for matters in sections 45A to 45G that require notice to be given:
(c)
specifying any conditions with which a licence holder or a class of licence holders must comply to operate under sections 45A to 45G, including conditions designed to—
(i)
protect the health and safety of the licence holder’s customers and neighbours, including crowd control measures (for example, the maximum number of customers per square metre that may be permitted on the premises or the maximum number and size of drinks that may be served to each customer) or venue requirements (for example, the required size, layout, or other attributes of the premises):
(ii)
reduce noise and any other nuisances that may affect people residing within 250 metres of the licence holder’s premises:
(iii)
standardise publication of the temporary changes in trading hours:
(iv)
enable the collection of information to evaluate and inform the adjustment of regulations made under this subsection:
(d)
providing for anything that sections 45A to 45G says may or must be provided for by regulations:
(e)
providing for anything incidental that is necessary for carrying out, or giving full effect to, sections 45A to 45G.
(2)
Before making a recommendation, the Minister must be satisfied that the event is likely to—
(a)
bring sporting, cultural, social, economic, or other benefits to New Zealand or New Zealanders; and
(b)
raise New Zealand’s international profile; and
(c)
attract a large number of New Zealanders as participants or spectators.
(3)
The regulations must specify—
(a)
the significant event; and
(b)
when the significant event begins and ends (including overtime contingencies).
(4)
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Subpart 3—Amendments relating to special licences
24 Section 140 amended (Objections to applications)
In section 140(3), replace “section 142”
with “section 142(1)(a)(ii), (b), (c), and (2)”
.
25 Section 142 amended (Criteria for issue of special licences)
(1)
Replace the heading to section 142 with “Determining applications for special licences”
.
(2)
Replace section 142(1) with:
(1)
In deciding whether to issue a special licence, a licensing committee must,—
(a)
in accordance with regulations,—
(i)
assess and classify the risk of alcohol-related harm that would arise from issuing the licence; and
(ii)
have regard to that risk and any other matters prescribed by regulations; and
(b)
have regard to the object of this Act; and
(c)
have regard to any matters dealt with in any report from the Police, the Medical Officer of Health, or an inspector made under section 141.
26 New section 142A inserted (Consultation required between licensing committees for groups of interconnected events across districts)
After section 142, insert:
142A Consultation required between licensing committees for groups of interconnected events across districts
(1)
This section applies if 2 or more licensing committees each receive an application for a special licence that indicates that—
(a)
the application is for an event that is part of the same group of interconnected events; and
(b)
1 or more of those events will take place in each of the licensing committees’ districts.
(2)
The licensing committees must consult each other for the purpose of supporting, to the extent that is reasonably practicable, a consistent approach to decisions about—
(a)
the assessment and classification of the risk of alcohol-related harm that would arise from issuing the licences; and
(b)
whether to issue the licences; and
(c)
the conditions (if any) subject to which the licences are issued.
27 Section 143 amended (Additional requirements for large-scale events)
In section 143(2), replace “section 142(1)”
with “section 142(1)(a)(ii), (b), and (c)”
.
28 Section 144 amended (Licensing committee may refuse special licence of own motion)
In section 144, replace “section 142”
with “section 142(1)(a)(ii), (b), or (c)”
.
29 Section 146 replaced (Conditions may be imposed if required by local alcohol policy)
Replace section 146 with:
146 Conditions that may be imposed on special licences
A licensing committee may issue a special licence subject to particular conditions only if—
(a)
the conditions are permitted or required by regulations; or
(b)
in the committee’s opinion, the granting of the licence, or the consequences of granting the licence, without those conditions would be inconsistent with any relevant local alcohol policy.
30 Section 147 repealed (Particular discretionary conditions and compulsory conditions: special licences)
Repeal section 147.
31 Section 283 amended (Variation, suspension, or cancellation of special licences)
In section 283(1)(a), replace “(relating to any matters specified in section 147)”
with “provided for in section 146”
.
32 Section 284 amended (Hearing for variation, suspension, or cancellation of special licences under section 283)
In section 284(1)(b), replace “(relating to any matter specified in section 147)”
with “provided for in section 146”
.
33 Section 397 amended (Regulations)
(1)
After section 397(1)(a), insert:
(aa)
prescribing matters that a licensing committee must or must not have regard to in deciding whether to issue a special licence:
(ab)
prescribing criteria that a licensing committee must use to assess and classify the risk of alcohol-related harm arising from issuing a special licence:
(ac)
requiring a licensing committee to issue a special licence if the risk is of a particular classification (unless doing so would be contrary to section 145):
(ad)
prohibiting a licensing committee from issuing a special licence if the risk is of a particular classification:
(ae)
requiring or permitting a licensing committee to impose particular conditions on the issue of a special licence (including by reference to the classification of risk):
(2)
After section 397(1), insert:
(1A)
Before recommending the making of regulations of a kind described in subsection (1)(aa) to (ae), the Minister must, to the extent that is reasonably practicable having regard to the circumstances of the particular case, consult the persons the Minister has reason to believe are representative of interests likely to be substantially affected by the regulations.
Subpart 4—Other amendments
Producer tasting rooms permitted to sell alcohol samples and hold off-licence
34 Section 5 amended (Interpretation)
(1)
In section 5(1), repeal the definition of winery cellar door.
(2)
In section 5(1), insert in its appropriate alphabetical order:
producer tasting room means retail premises operated by a person for the purposes of selling alcohol that is made by or on behalf of that person—
(a)
on those retail premises; or
(b)
from produce harvested from land occupied by that person
35 Section 17 amended (Off-licences: sale and supply on licensed premises)
(1)
In section 17(2)(b)(i), replace “winery cellar door”
with “producer tasting room”
.
(2)
Replace section 17(2)(b)(ii) and (iii) with:
(ii)
the alcohol sample is—
(A)
wine or mead; or
(B)
beer; or
(C)
spirit or liqueur; or
(D)
any other alcohol specified in regulations; and
(iii)
each sample contains,—
(A)
in the case of wine or mead, no more than 35 millilitres of that alcohol:
(B)
in the case of beer, no more than 50 millilitres of that alcohol:
(C)
in the case of spirit or liqueur, no more than 10 millilitres of that alcohol:
(D)
in the case of any other alcohol specified in regulations, no more than the limit specified in those regulations for that alcohol.
(3)
After section 17(2), insert:
(3)
In this section, beer and mead have the same meanings as in section 58(3).
36 Section 32 amended (Kinds of premises for which off-licences may be issued)
In section 32(1)(g), replace “winery cellar door.”
with “producer tasting room; or”
.
37 Section 62A amended (Snack food to be available when samples sold from winery cellar doors)
(1)
In the heading to section 62A, replace “winery cellar doors”
with “producer tasting rooms”
.
(2)
In section 62A(1) and (2), replace “winery cellar door”
with “producer tasting room”
in each place.
(3)
In section 62A(1)(b) and (2), replace “grape wine”
with “alcohol”
.
(4)
In section 62A(3), repeal the definition of grape wine.
Hairdressing shops permitted to supply alcohol in certain circumstances
38 New section 12A inserted (Hairdressing shops exempted if certain conditions met)
After section 12, insert:
12A Hairdressing shops exempted if certain conditions met
(1)
A person may supply a single serving of qualifying alcohol per day to any customer of a hairdressing shop without a licence if the following conditions are met:
(a)
a person who is not intoxicated or a minor is on duty at the hairdressing shop when the alcohol is supplied:
(b)
the full name of the person on duty is displayed prominently inside the hairdressing shop:
(c)
the person supplying the alcohol (if different from the person on duty) is not intoxicated or a minor:
(d)
the alcohol is supplied for consumption in the hairdressing shop:
(e)
the customer is not intoxicated or a minor:
(f)
drinking water is made freely available to the customer:
(g)
the alcohol is supplied between 9 am and 9 pm.
(2)
A person who is on duty for the purposes of subsection (1)(a) commits an offence if they—
(a)
supply alcohol in the hairdressing shop in breach of subsection (1); or
(b)
allow a person to supply alcohol in the hairdressing shop in breach of subsection (1).
(3)
A person on duty who commits an offence against this section is liable to a fine not exceeding $1,000.
(4)
In this section,—
customer, in relation to a hairdressing shop, means a person who is in the hairdressing shop for the purpose of receiving hairdressing services
hairdressing means the cutting, styling, dyeing, shaving, or other similar treatment of the hair or beard of a person
hairdressing shop means a premises where hairdressing is the primary business or practice on the premises
serving of qualifying alcohol means no more than—
(a)
150 millilitres of mead or wine; or
(b)
330 millilitres of beer; or
(c)
30 millilitres of spirits.
39 Section 260 amended (Infringement offences)
In section 260, definition of infringement offence, paragraph (a), after “any of sections”
, insert “12A,”
.
Certain restaurants permitted to hold off-licence
40 Section 32 amended (Kinds of premises for which off-licences may be issued)
After section 32(1)(g), insert:
(h)
if—
(i)
an on-licence is held for the premises for which it is to be issued; and
(ii)
the premises are (in the opinion of the licensing authority or licensing committee concerned) a restaurant that includes retail premises from which food or non-alcoholic drinks prepared on the premises are sold, for consumption somewhere else.
Requirements relating to rapid delivery of alcohol
41 New section 59A inserted (Requirements relating to rapid delivery of alcohol sold by remote sale)
After section 59, insert:
59A Requirements relating to rapid delivery of alcohol sold by remote sale
(1)
A person that provides a rapid delivery service must ensure that any person who is delivering alcohol as part of that service is not a minor.
(2)
A person delivering alcohol as part of a rapid delivery service may only deliver the alcohol if—
(a)
a person is present to receive the alcohol; and
(b)
the person receiving the alcohol is—
(i)
not a minor; and
(ii)
not intoxicated.
(3)
In this section, rapid delivery service means a service by which a product sold by remote sale is delivered or attempted to be delivered to the buyer’s chosen address within 2 hours after that product is sold.
42 Section 259 amended (Failure to comply with certain requirements and restrictions imposed by or under this Act)
In section 259(1)(a), replace “46 to 63,”
with “46 to 59, 60 to 63,”
.
Display of non-alcoholic beverages in supermarkets and grocery stores
43 Section 114 amended (Effect of single-area conditions)
(1)
Replace section 114(4A) with:
(4A)
The effect of a single-area condition set out in subsections (1) to (4) does not apply in relation to the display or promotion of, or the advertisement for, the following:
(a)
non-alcoholic beer, wine, or mead:
(b)
a potable distillate (for example, whisky, brandy, rum, gin, vodka, or tequila) that—
(i)
is 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; and
(ii)
contains less than 1.15% of ethanol by volume measured at 20°C; and
(iii)
complies with any standard for that kind of beverage that is for the time being in force under the Food Act 2014:
(c)
a beverage that—
(i)
is produced by flavouring or mixing alcohol or a beverage specified in paragraph (a) or (b) with other foods or beverages; and
(ii)
contains less than 1.15% ethanol by volume measured at 20°C; and
(iii)
complies with any standard for that kind of beverage that is for the time being in force under the Food Act 2014.
(2)
In section 114(5)(d), delete “low alcohol or”
.
Part 2 Transitional amendments
44 Schedule 1AA amended
In Schedule 1AA,—
(a)
insert the Part set out in the Schedule of this Act as the last Part; and
(b)
make all necessary consequential amendments.
Schedule New Part 3 inserted into Schedule 1AA
s 44
Part 3 Provisions relating to Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Act 2026
3 Transitional arrangements for pre-commencement applications
(1)
A pre-commencement application must be determined as if the Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Act 2026 had not been enacted.
(2)
In this clause, pre-commencement application means—
(a)
any of the following applications filed with a licensing committee before the commencement of subpart 1 of Part 1 of the Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Act 2026:
(i)
an application for the grant of an on-licence, off-licence, or club licence under section 99:
(ii)
an application to vary or cancel any condition of an on-licence, off-licence, or club licence under section 120:
(iii)
an application for the renewal of an on-licence, off-licence, or club licence under section 127:
(b)
an application for the grant of a special licence under section 137 filed with a licensing committee before the commencement of subpart 3 of Part 1 of the Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Act 2026.
"Related Legislation
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Versions
Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Bill
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