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Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Powers of local authorities to make bylaws - Powers of territorial authorities to make bylaws

147: Power to make bylaws for alcohol control purposes

You could also call this:

“Rules about drinking alcohol in public places”

You need to know that a territorial authority can make rules about alcohol in public places. These rules are called bylaws. The bylaws can stop people from drinking alcohol, bringing alcohol, or having alcohol in public places. The authority can make these rules for all times or just for certain periods.

The authority can also make rules about having or drinking alcohol in vehicles that are in public places. This can be for all vehicles or just certain types of vehicles.

There are some things these rules can’t stop. If the alcohol is in an unopened container, you can still:

  • Take it from a place that sells alcohol to somewhere else, as long as you bought it legally and remove it from the public place quickly.
  • Bring alcohol to a place that sells alcohol.
  • Take alcohol to your home or to someone you’re visiting.
  • Take alcohol from your home to somewhere else, as long as you remove it from the public place quickly.

In this law, ‘alcohol’ and ‘licensed premises’ mean the same as in the Sale and Supply of Alcohol Act 2012. A ‘public place’ is somewhere that’s open to everyone, whether it’s free or you have to pay. But it doesn’t include places that are licensed to sell alcohol.

These rules don’t change what the authority can do under section 145.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM172980.

Topics:
Government and voting > Local councils
Crime and justice > Criminal law
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146: Specific bylaw-making powers of territorial authorities, or

“Councils can create local rules to manage their community”

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147A: Criteria for making or continuing bylaws, or

“Steps to follow when making or keeping rules about alcohol in your area”

Part 8 Regulatory, enforcement, and coercive powers of local authorities
Powers of local authorities to make bylaws: Powers of territorial authorities to make bylaws

147Power to make bylaws for alcohol control purposes

  1. In this section,—

    alcohol has the meaning given by section 5(1) of the Sale and Supply of Alcohol Act 2012

      licensed premises has the meaning given by section 5(1) of the Sale and Supply of Alcohol Act 2012

        public place—

        1. means a place that is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from it; but
          1. does not include licensed premises.

          2. A territorial authority may make bylaws for its district for the purpose of prohibiting or otherwise regulating or controlling, either generally or for one or more specified periods, any or all of the following:

          3. the consumption of alcohol in public places:
            1. the bringing of alcohol into public places:
              1. the possession of alcohol in public places.

                1. In conjunction with a bylaw under subsection (2), a territorial authority may make bylaws for its district for the purpose of prohibiting or otherwise regulating or controlling, either generally or for one or more specified periods, the presence or consumption of alcohol in vehicles, or vehicles of stated kinds or descriptions, in public places.

                2. A bylaw under this section does not prohibit, regulate, or control, in the case of alcohol in an unopened container,—

                3. the transport of the alcohol from licensed premises next to a public place, if—
                  1. it was lawfully bought on those premises for consumption off those premises; and
                    1. it is promptly removed from the public place; or
                    2. the transport of the alcohol from outside a public place for delivery to licensed premises next to the public place; or
                      1. the transport of the alcohol from outside a public place to premises next to a public place by, or for delivery to, a resident of the premises or his or her bona fide visitors; or
                        1. the transport of the alcohol from premises next to a public place to a place outside the public place if—
                          1. the transport is undertaken by a resident of those premises; and
                            1. the alcohol is promptly removed from the public place.

                            2. Subsections (2) and (3) do not limit section 145.

                            Notes
                            • Section 147: replaced, on , by section 4 of the Local Government (Alcohol Reform) Amendment Act 2012 (2012 No 121).