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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:

“Rules about drinking alcohol in public places and what happens if you break them”

If you break a rule about alcohol that your local council has made, it’s treated like you’ve committed a small offence. This means:

You’re considered to have committed the offence if you’re found to have broken the rule or if you admit to breaking it.

The way the law deals with this kind of offence is set out in parts of another law called the Summary Proceedings Act 1957.

However, if you break one of these alcohol rules, the police can’t start a court case against you by filing a charging document. This is different from how many other offences are dealt with.

This special way of handling alcohol rule breaches overrides some of the normal ways of dealing with offences.

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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.

Topics:
Crime and justice > Criminal law
Government and voting > Local councils
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239: Offences in respect of breaches of bylaws (other than alcohol bans), or

“Breaking council rules (except alcohol rules) can be against the law”

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240: Defence to offences under this Act, or

“When you might not be in trouble for breaking a rule in this Act”

Part 9 Offences, 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).