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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

147B: Criteria for making resolutions relating to bylaws

You could also call this:

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

Before you can make a resolution about a bylaw under section 151 that relates to section 147, you need to be sure of two things:

First, you need proof that the area where the bylaw will apply has had a lot of crime or disorder. This crime or disorder must be caused or made worse by people drinking alcohol in that area.

Second, the bylaw, as it’s applied in the resolution, needs to meet two criteria:

  1. It must be suitable and fair based on the evidence you have.

  2. It must be a reasonable limit on people’s rights and freedoms.

These rules help make sure that any bylaws about alcohol are only made when they’re really needed and are fair to everyone.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5848008.

Topics:
Government and voting > Local councils
Crime and justice > Criminal law
Rights and equality > Anti-discrimination
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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”

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147C: Signage for areas in which bylaws for alcohol control purposes apply, or

“Signs that tell you where you can't drink alcohol in public”

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

147BCriteria for making resolutions relating to bylaws

  1. Before making under section 151 a resolution relating to a bylaw under section 147, a territorial authority must be satisfied that—

  2. there is evidence that the area to which the bylaw applies (or will apply by virtue of the resolution) 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, as applied by the resolution,—
      1. is appropriate and proportionate in the light of the evidence; and
        1. can be justified as a reasonable limitation on people's rights and freedoms.

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