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Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Offences and closure of premises - Offences relating to minors and people under purchase age

239: Sale or supply of alcohol to people under purchase age on or from licensed premises

You could also call this:

“Selling or giving alcohol to someone under 18 on licensed premises is against the law”

If you sell or give alcohol to someone under the purchase age on licensed premises, you commit an offence. You can be a licensee, a manager, or just someone selling alcohol on licensed premises. If you do this, you can get in trouble.

If you are a licensee and you commit this offence, you can get a fine of up to $10,000 or your licence can be suspended for up to 7 days. If you are a manager, you can get a fine of up to $10,000. If you are not a licensee or a manager, you can get a fine of up to $2,000.

It is a defence if you can prove that the person buying alcohol showed you a document that looked like an approved evidence of age document. You must have believed it was real and that it showed the person was old enough to buy alcohol. You must also have believed the person was not under the purchase age.

It is also a defence if you used an approved evidence of age system to check the person’s age. You do not commit an offence if you sell alcohol to someone who then gives it to someone under the purchase age, unless you knew or should have known it was for someone under age. You can compare this to other laws.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339739.

Topics:
Crime and justice > Criminal law Money and consumer rights > Consumer protection
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238: Offences relating to banned and restricted alcohol products, or

"Breaking the law with banned or restricted alcohol products can cost you up to $20,000"

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240: Exemptions in respect of licensed premises, or

"Having alcohol with a parent or guardian in some licensed places is allowed"

Part 2 Sale and supply of alcohol generally
Offences and closure of premises: Offences relating to minors and people under purchase age

239Sale or supply of alcohol to people under purchase age on or from licensed premises

  1. A licensee or manager of any licensed premises who sells or supplies alcohol, or allows alcohol to be sold or supplied, on or from the licensed premises to any person who is under the purchase age commits an offence.

  2. A person who is not a licensee or a manager of any licensed premises who sells or supplies alcohol on or from the licensed premises to any person who is under the purchase age commits an offence.

  3. A person who commits an offence against subsection (1) is liable on conviction,—

  4. in the case of a licensee, to either or both of the following:
    1. a fine of not more than $10,000:
      1. the suspension of the licensee's licence for a period of not more than 7 days:
      2. in the case of a manager, to a fine of not more than $10,000.

        1. A person who commits an offence against subsection (2) is liable on conviction to a fine of not more than $2,000.

        2. Subsection (2) applies despite any liability that may attach to the licensee or any manager in respect of the same offence.

        3. In any proceedings for an offence against subsection (1) or (2) in respect of selling or supplying alcohol, or allowing alcohol to be sold or supplied, to a person (the customer), it is a defence if the defendant proves that,—

        4. before or at the time of the sale or supply of alcohol concerned, there was produced to the person who sold or supplied the alcohol a document purporting to be an approved evidence of age document; and
          1. the person believed on reasonable grounds that the document—
            1. was an approved evidence of age document; and
              1. related to the customer; and
                1. indicated that the customer was not under the purchase age; and
                2. the person reasonably believed that the customer was not under the purchase age.

                  1. In any proceedings for an offence against subsection (1) or (2) in respect of selling or supplying alcohol, or allowing alcohol to be sold or supplied, to a person (the customer), it is a defence if the defendant proves that, before or at the time of the sale or supply of alcohol concerned, the person who sold or supplied the alcohol verified the customer's age using an approved evidence of age system in the approved manner.

                  2. A person does not commit an offence against subsection (1) or (2) by selling or supplying alcohol to a person who then supplies it to a third person who is under the purchase age, unless it is proved that the person knew or had reasonable grounds to believe that the alcohol was intended for a person under the purchase age.

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