Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Licensing bodies - General provisions relating to licensing authority and licensing committees

210: Licensing authority may state case for opinion of High Court

You could also call this:

"The licensing authority can ask a high court for help with a law question when making decisions about alcohol licences."

The licensing authority can ask the High Court for its opinion on a question of law that comes up during a proceeding. You can think of a proceeding like a meeting where the licensing authority makes decisions about alcohol licences. The licensing authority follows rules from the Criminal Procedure Act 2011 when it asks the High Court for its opinion.

When the licensing authority asks the High Court for its opinion, it has to follow certain rules. These rules are set out in subpart 8 of Part 6 of the Criminal Procedure Act 2011. The rules help the licensing authority and the High Court work together to get an opinion on a question of law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339698.


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209: Licensing committee may state case for opinion of licensing authority, or

"A licensing committee can ask for help from a higher authority to decide a tricky legal question."


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211: Decisions to be given in writing, or

"People making decisions about alcohol licences must write them down and explain why."

Part 2Sale and supply of alcohol generally
Licensing bodies: General provisions relating to licensing authority and licensing committees

210Licensing authority may state case for opinion of High Court

  1. The licensing authority may state a case for the opinion of the High Court on any question of law arising in any proceedings before it.

  2. The provisions of subpart 8 of Part 6 of the Criminal Procedure Act 2011, so far as they are applicable and with the necessary modifications, apply to any case stated under this section.

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Notes
  • Section 210(2): amended, on , by regulation 3(1) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).