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Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Appeals - Appeals to High Court

162: Appeal against decision of licensing authority on question of law

You could also call this:

"Challenging a licensing decision you think is wrong about the law"

If you are unhappy with a decision made by the licensing authority because you think they got the law wrong, you can appeal to the High Court. You can do this if you were part of a case that the licensing authority made a decision about, and you think their decision was incorrect in terms of the law. The High Court will look at the law to decide if the licensing authority made a mistake.

When you appeal, the High Court will follow its own rules to deal with your appeal, except in certain situations outlined in sections 152, 153, 161, and 163 to 166.

You cannot appeal to the High Court under this rule if the licensing authority cancelled a licence under section 289 or cancelled a manager's certificate under section 290.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339644.

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161: Appeals, or

"What happens when you appeal an alcohol licensing decision to the High Court"

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Part 2Sale and supply of alcohol generally
Appeals: Appeals to High Court

162Appeal against decision of licensing authority on question of law

  1. Subject to subsection (3), where any party to any proceedings before the licensing authority (whether the proceedings commenced in a licensing committee or the licensing authority) is dissatisfied with any determination of the licensing authority in the proceedings as being erroneous in point of law, that party may appeal to the High Court on the question of law concerned.

  2. Subject to sections 152, 153, 161, and 163 to 166, every appeal under this section must be dealt with in accordance with rules of court.

  3. This section does not apply to a decision by the licensing authority to cancel a licence under section 289 or to cancel a manager's certificate under section 290.

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