Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Appeals - Appeals to licensing authority

155: Procedure for commencing appeal

You could also call this:

"How to appeal a decision about alcohol licensing"

If you want to appeal a decision under section 154, you must tell the licensing authority within 10 working days. You do this by giving them notice of appeal. The notice must be in writing and say why you are appealing.

You must send the notice to the secretary of the licensing authority and pay a fee. However, if you are the Police, an inspector, or a Medical Officer of Health, you do not have to pay the fee. You must also send a copy of the notice to the other parties involved and to the secretary of the licensing committee.

The secretary of the licensing committee must then send all the relevant documents to the secretary of the licensing authority. This includes the application, supporting documents, and any evidence given at the hearing. They must also send any exhibits and a copy of the decision you are appealing against. If you missed the 10-day deadline, you can ask the licensing authority to extend the time if you have a good reason.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339637.


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156: Adjournment if notice of appeal not given, or

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Part 2Sale and supply of alcohol generally
Appeals: Appeals to licensing authority

155Procedure for commencing appeal

  1. An appeal under section 154 must be made by the appellant giving notice of appeal to the licensing authority within 10 working days after the date on which notice of the decision is given to that party.

  2. Despite subsection (1), on the application of any person having a right of appeal under this section, the licensing authority may extend the time for making an appeal to any time it sees fit if the licensing authority is of the opinion that there was reasonable cause for the failure or inability of the appellant to give notice within the prescribed time.

  3. The notice of appeal must—

  4. be in writing; and
    1. specify the grounds of appeal in sufficient detail to fully inform the licensing authority and other parties of the issues in the appeal; and
      1. be sent to the secretary of the licensing authority; and
        1. be accompanied by the prescribed fee.
          1. The Police, inspectors, and Medical Officers of Health are not required to pay the prescribed fee.

          2. Either before or immediately after the notice of appeal is sent to the secretary of the licensing authority, a copy of the notice must be served on each of the other parties to the proceedings before the licensing committee, and a copy left with the secretary of that licensing committee.

          3. As soon as possible after the receipt by the secretary of the licensing committee of a copy of a notice of appeal, the secretary must send to the secretary of the licensing authority—

          4. any application and supporting documents filed with the licensing committee, and any written submissions, statements, reports, and other papers relating to the decision appealed against:
            1. a copy of any notes or other record made by the licensing committee of the evidence given at the hearing:
              1. any exhibits in the custody of the licensing committee:
                1. a copy of the decision appealed against.
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