Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Licensing bodies - District licensing committees

189: Composition of licensing committees

You could also call this:

"Who is on a licensing committee to make decisions about alcohol sales"

When you look at a licensing committee, you see it has 3 members. These members are appointed by the territorial authority for their area. The territorial authority chooses one of these members to be the chairperson.

You need to know the chairperson is either a member of the territorial authority or a commissioner. The territorial authority can also choose a deputy chairperson to act for the chairperson if they are away or sick. The deputy chairperson has the same powers as the chairperson when they are acting for them.

The other 2 members of the committee are chosen from a list the territorial authority keeps, as stated in section 192. For some areas, like Auckland, a member of the territorial authority can be someone on the governing body, as defined in the Local Government (Auckland Council) Act 2009, or a local board member, as stated in section 10 of that Act. This helps you understand who can be on the licensing committee.

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"What a licensing committee is allowed to do"


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Part 2Sale and supply of alcohol generally
Licensing bodies: District licensing committees

189Composition of licensing committees

  1. Each licensing committee consists of 3 members appointed by the territorial authority for that territorial authority's district.

  2. A territorial authority must appoint 1 member as the chairperson and that person must be a member of that territorial authority or a commissioner appointed to the licensing committee.

  3. A territorial authority may appoint a member of that territorial authority to be deputy chairperson, and act in place of the chairperson if the chairperson is unable to act because of illness or absence from New Zealand, or for other sufficient reason.

  4. While acting in place of the chairperson, the deputy chairperson is a member of the committee and has all the powers and duties of the chairperson.

  5. No act done by the deputy chairperson serving as acting chairperson in the chairperson's absence, and no acts done by the committee while the deputy chairperson is so serving, can in any proceedings be questioned on the ground that the occasion for his or her so serving had not arisen or had ceased.

  6. The other 2 members of each licensing committee must be appointed from the territorial authority's list maintained under section 192.

  7. For the purposes of subsection (2), a member of a territorial authority means an elected member of a territorial authority and, in relation to the Auckland Council, includes a member of the governing body (as defined in section 4 of the Local Government (Auckland Council) Act 2009) or a member of a local board established under section 10 of that Act.