Part 2Sale and supply of alcohol generally
Licensing generally, requirements on licensees, and conditions: Who can hold licences
28Who can hold on-licences, off-licences, and special licences
An on-licence, an off-licence, or a special licence (or licences of 2 or all of those kinds) can be held by—
- a natural person who has attained the age of 20 years; or
- any body corporate; or
- any company within the meaning of the Companies Act 1993 that is not prevented by a restriction in its constitution (if any) from selling alcohol or from holding a licence (or a licence of the kind or kinds concerned); or
- a board, organisation, or other body, that is authorised by an enactment other than this Act to sell alcohol or hold a licence (or a licence of the kind or kinds concerned); or
- a licensing trust or community trust; or
- a limited partnership registered under section 51 of the Limited Partnerships Act 2008 whose partnership agreement does not contain a restriction preventing it from selling alcohol, or from holding a licence (or a licence of the kind or kinds concerned); or
- a partnership each member of which is a person, body corporate, company, board, organisation, body, trust, or partnership, of a kind referred to in any of paragraphs (a) to (e); or
- a department of State or other instrument of the Crown; or
- a territorial authority (whether or not expressly authorised by an enactment other than this Act to hold a licence); or
- a trustee within the meaning of the Trusts Act 2019.
A manager acting for a person pursuant to a property order made under the Protection of Personal and Property Rights Act 1988 can hold an on-licence, an off-licence, a special licence, or licences of 2 or all of those kinds, if the order authorises the manager to do so.
A club can hold a special licence.
A club can hold an off-licence if it has continuously held an off-licence since before the commencement of this section.
Subsection (1) is subject to section 413 (which relates to the interpretation of documents constituting certain bodies corporate incorporated before the commencement of this section).
Nothing in subsection (1) limits or affects—
- any provision of the constitution of a company incorporated in New Zealand; or
- any provision of the constitution or equivalent governing document of any other body corporate.
Notes
- Section 28(1)(ba): inserted, on , by section 5(1) of the Sale and Supply of Alcohol (Display of Low-alcohol Beverages and Other Remedial Matters) Amendment Act 2016 (2016 No 101).
- Section 28(1)(f): amended, on , by section 5(2) of the Sale and Supply of Alcohol (Display of Low-alcohol Beverages and Other Remedial Matters) Amendment Act 2016 (2016 No 101).
- Section 28(1)(i): amended, on , by section 161 of the Trusts Act 2019 (2019 No 38).