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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

147A: Criteria for making or continuing bylaws

You could also call this:

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

When you want to make or keep a rule about alcohol in your area, you need to follow some steps:

If you’re making a new rule, you need to make sure it’s fair and doesn’t limit people’s rights too much. You also need to show that there’s been a lot of crime or trouble in the area because of alcohol. The rule should fit the problem and not be too harsh.

If you want to keep a rule that’s already there, you need to think about whether the old problems with crime and alcohol would come back if you got rid of the rule.

If you’re replacing an old rule with a new one that’s pretty much the same, you need to check three things. First, make sure it’s still fair and doesn’t limit rights too much. Second, think about whether there would be a lot of crime or trouble from alcohol if you didn’t have the rule. Third, make sure the rule fits the problem and isn’t too harsh.

These steps don’t apply if you’re making a short-term rule for a big event.

You can find more information about making these rules in section 147 of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5848007.

Topics:
Government and voting > Local councils
Crime and justice > Criminal law
Crime and justice > Police and safety
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147: Power to make bylaws for alcohol control purposes, or

“Rules about drinking alcohol in public places”

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147B: Criteria for making resolutions relating to bylaws, or

“Rules for making laws about where people can drink alcohol”

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

147ACriteria for making or continuing bylaws

  1. Before making a bylaw under section 147, a territorial authority—

  2. must be satisfied that it can be justified as a reasonable limitation on people's rights and freedoms; and
    1. except in the case of a bylaw that will apply temporarily for a large scale event, must also be satisfied that—
      1. there is evidence that the area to which the bylaw is intended to apply has experienced a high level of crime or disorder that can be shown to have been caused or made worse by alcohol consumption in the area; and
        1. the bylaw is appropriate and proportionate in the light of that crime or disorder.

        2. Before deciding that a bylaw under section 147 should continue without amendment, a territorial authority must be satisfied that the level of crime or disorder experienced before the bylaw was made (being crime or disorder that can be shown to have been caused or made worse by alcohol consumption in the area concerned) is likely to return to the area to which the bylaw is intended to apply if the bylaw does not continue.

        3. Before making under section 147 a bylaw that is intended to replace an expiring bylaw and is to the same effect (or to substantially the same effect) as the expiring bylaw, a territorial authority must be satisfied that—

        4. the bylaw can be justified as a reasonable limitation on people's rights and freedoms; and
          1. a high level of crime or disorder (being crime or disorder caused or made worse by alcohol consumption in the area concerned) is likely to arise in the area to which the bylaw is intended to apply if the bylaw is not made; and
            1. the bylaw is appropriate and proportionate in the light of that likely crime or disorder.

              1. Subsection (1) does not apply to a bylaw of a kind described in subsection (3).

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