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Local Government Act 2002

Offences, penalties, infringement offences, and legal proceedings - Offences - Offences against bylaws

239A: Breaches of alcohol bans

You could also call this:

"Breaking an alcohol ban is against the law and you can get in trouble"

Illustration for Local Government Act 2002

If you break an alcohol ban, the rules from the Summary Proceedings Act 1957 apply. This means you can be treated as if you committed an offence. The person who broke the ban is considered to have committed the offence. If you are found to have broken the ban, or you admit to breaking it, this is like being found guilty of an offence. The Part 3 and section 208 of the Summary Proceedings Act 1957 also apply to you. You cannot be charged with breaking an alcohol ban by filing a charging document under the Criminal Procedure Act 2011. This rule overrides other rules, including section 21(1)(a) of the Summary Proceedings Act 1957.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5848234.

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Part 9Offences, penalties, infringement offences, and legal proceedings
Offences: Offences against bylaws

239ABreaches of alcohol bans

  1. Section 21 of the Summary Proceedings Act 1957 applies to a breach of a bylaw made under section 147 as if—

  2. the breach were an infringement offence within the meaning of that Act; and
    1. the person who has committed the breach has committed the offence; and
      1. the references in subsection (9) of that section to a defendant's being found guilty of, or pleading guilty to, an infringement offence for which an infringement notice has been issued were references to the person's being found to have committed, or admitting to having committed, the breach;—
          1. and Part 3 and section 208 of that Act apply accordingly.

        1. Proceedings in respect of a breach of a bylaw made under section 147 cannot be commenced by filing a charging document under section 14 of the Criminal Procedure Act 2011.

        2. Subsection (2) overrides subsection (1) and section 21(1)(a) of the Summary Proceedings Act 1957.

        Notes
        • Section 239A: inserted, on , by section 6 of the Local Government (Alcohol Reform) Amendment Act 2012 (2012 No 121).