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Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Licensing generally, requirements on licensees, and conditions - Exemptions

10: Certain messes and canteens exempted, but codes of practice required instead

You could also call this:

"Some special places like navy ships and police canteens don't follow all the alcohol rules, but have their own rules instead."

The Sale and Supply of Alcohol Act 2012 does not apply to you when you are in certain places, like a canteen or mess on a naval ship or in a defence area, if you are allowed to have alcohol there under the Defence Act 1990. This also applies to amenities run by the Armed Forces Canteen Council, police canteens, and canteens set up by Fire and Emergency New Zealand. You must follow a code of practice in these places, which is similar to the rules for alcohol sales in clubs.

The person in charge of each place must make sure you follow this code of practice. For naval ships and defence areas, this person is the Chief of Defence Force, and you can find more information about defence areas in section 2(1) of the Defence Act 1990. For amenities run by the Armed Forces Canteen Council, the person in charge is also the Chief of Defence Force, and you can learn more about the Council in section 3(1) of the Armed Forces Canteens Act 1948.

For police canteens, the person in charge is the Commissioner of Police, and for Fire and Emergency New Zealand canteens, it is the board of Fire and Emergency New Zealand. They must make sure the code of practice is followed, which is based on the rules for alcohol sales in clubs, as outlined in the Sale and Supply of Alcohol Act 2012.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339471.

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Part 2Sale and supply of alcohol generally
Licensing generally, requirements on licensees, and conditions: Exemptions

10Certain messes and canteens exempted, but codes of practice required instead

  1. Nothing in this Act applies to the sale, supply, or keeping for sale or supply, of alcohol in—

  2. a canteen or mess, or any other place in a naval ship or defence area (within the meaning of section 2(1) of the Defence Act 1990), where the consumption and possession of alcohol is authorised by or under the Defence Act 1990 or by the Chief of Defence Force:
    1. an amenity set up and conducted by the Armed Forces Canteen Council constituted by section 3(1) of the Armed Forces Canteens Act 1948:
      1. a police canteen established with the authority of the Commissioner of Police:
        1. a canteen established with the authority of Fire and Emergency New Zealand.

          1. The competent authority must put in place and (so far as is reasonably practicable) ensure that there is implemented on premises of a kind described in subsection (1) a code of practice, following as closely as is reasonably possible the requirements of this Act relating to the sale, supply, or keeping for sale or supply, of alcohol on premises for which a club licence is held.

          2. For the purposes of subsection (2), the competent authority,—

          3. for a canteen or mess, or any other place in a naval ship or defence area (within the meaning of section 2(1) of the Defence Act 1990), where the consumption and possession of alcohol is authorised by or under the Defence Act 1990 or by the Chief of Defence Force, means the Chief of Defence Force:
            1. for an amenity set up and conducted by the Armed Forces Canteen Council constituted by section 3(1) of the Armed Forces Canteens Act 1948, means the Chief of Defence Force:
              1. for a police canteen established with the authority of the Commissioner of Police, means the Commissioner of Police:
                1. for a canteen established with the authority of the board of Fire and Emergency New Zealand, means that board.

                  Compare
                  Notes
                  • Section 10(1)(d): amended, on , by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).
                  • Section 10(3)(d): amended, on , by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).