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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

241: Supplying alcohol to minors

You could also call this:

“It's against the law to give alcohol to someone under 18, unless you're their parent or guardian and do it responsibly.”

If you give alcohol to someone under 18, you commit an offence. You can get a fine of up to $2,000 if you are found guilty. It is not an offence if you are the parent or guardian of the minor and you supply the alcohol in a responsible manner.

If you think the person is 18 or older, or if you have the parent’s or guardian’s consent to give them alcohol, it is not an offence. You must supply the alcohol in a responsible manner in these cases. The court will consider how you supplied the alcohol when deciding if you were responsible.

The court looks at things like if you supervised the person drinking, if you provided food, and if you offered low-alcohol or non-alcoholic drinks. They also consider the type of event, if you helped the person get home safely, and how much alcohol you gave them. The court can look at other things that are relevant to the situation.

You can still commit an offence even if someone else is also responsible for giving the alcohol. If you give alcohol to someone who then gives it to a minor, you are not committing an offence unless you knew the alcohol was for a minor. There is an exception for minors who are no longer under guardianship, as stated in section 28 of the Care of Children Act 2004.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339743.

Topics:
Crime and justice > Criminal law Money and consumer rights > Consumer protection
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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"

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242: Employment of minors, or

"No one under 18 can work where alcohol is sold, unless they're doing certain jobs."

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

241Supplying alcohol to minors

  1. A person who supplies alcohol to a minor commits an offence.

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

  3. It is a defence to a charge under subsection (1) if the person supplying the alcohol (the supplier)—

  4. is a parent or guardian of the minor, and supplies the alcohol in a responsible manner; or
    1. believes on reasonable grounds that the minor is not a minor; or
      1. believes on reasonable grounds that subsection (7) applies to the minor, and supplies the alcohol in a responsible manner; or
        1. believes on reasonable grounds that he or she has the express consent of the parent or guardian of the minor, and supplies the alcohol in a responsible manner.

          1. When considering for the purposes of subsection (3)(a), (c), or (d) whether alcohol was supplied to any person in a responsible manner, the court may, in relation to the occasion on which the alcohol was supplied, take into account the following:

          2. the steps taken by the supplier to supervise the consumption of alcohol:
            1. whether food was provided with the alcohol:
              1. whether a choice of low-alcohol or non-alcoholic beverages, or both, was offered:
                1. the nature of the occasion:
                  1. any arrangements for, or provision of, safe transport:
                    1. the period over which the alcohol was supplied:
                      1. the strength and volume of the alcohol supplied:
                        1. the age of the minor:
                          1. any other matter it thinks relevant in the particular circumstances.

                            1. Subsection (1) applies irrespective of any liability that may attach to the licensee or any manager or other person in respect of the sale or supply of the alcohol.

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

                            3. This subsection applies to the minor at any time if he or she is then no longer subject to guardianship by operation of section 28 of the Care of Children Act 2004.

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