Plain language law

New Zealand law explained for everyone

Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Offences and closure of premises - Matters of evidence

274: Evidence of sale or consumption of alcohol

You could also call this:

“Proof of buying or drinking alcohol isn't always needed in court”

When you are in court for something to do with selling or drinking alcohol, you do not need to prove that money was paid or that alcohol was actually drunk. If it seems like a sale was about to happen or was happening, that is enough. You can tell if a sale happened if someone was drinking alcohol on the premises or taking it away from the premises.

If you are in court for selling alcohol, you do not need to prove that someone drank the alcohol or was going to drink it on the premises. If someone other than the person in charge of the premises or their employee is drinking or taking away alcohol, it is evidence that the alcohol was sold to them. You can find more information about this in sections 244, 245, 247, 248, 255, and 256.

When you are in court, some things are assumed to be true unless you say otherwise. You must tell the other side at least 20 working days before the court date if you want to argue about these things. This includes things like whether someone was allowed to buy or drink alcohol on the premises. You can also use certain documents to prove someone’s age, such as a birth certificate or a passport. You can also use an approved evidence of age document to prove someone’s age.

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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=DLM3339795.

Topics:
Crime and justice > Courts and legal help Crime and justice > Criminal law Money and consumer rights > Consumer protection
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273: Matters of proof relating to content of alcohol, or

"Proving how much alcohol is in a drink in court"

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"Bar owners are responsible if they help their managers break alcohol laws"

Part 2 Sale and supply of alcohol generally
Offences and closure of premises: Matters of evidence

274Evidence of sale or consumption of alcohol

  1. In any proceedings for an offence against any of the provisions of this Act in relation to the sale or consumption of alcohol on any licensed premises or unlicensed premises, it is not necessary for the prosecution to prove that any money passed or any alcohol was actually consumed, if the court is satisfied that a transaction in the nature of a sale actually took place or that any consumption of alcohol was about to take place.

  2. In any proceedings for an offence against any of the provisions of this Act in relation to the sale of alcohol on any licensed premises, proof of consumption or intended consumption of alcohol on the premises, or of the carrying away of alcohol from the premises, by some person other than the occupier of the premises or any person employed on them is evidence that the alcohol was sold to that person by or on behalf of the licensee.

  3. In any proceedings for an offence against any of sections 244, 245, 247, 248, 255, and 256, any element of the offence relating to any person being, at the time of the alleged offence, entitled to have alcohol sold or supplied to him or her, or to consume or procure it or have it in his or her possession on the licensed premises, or to be on the licensed premises or any particular part of the licensed premises, must be treated as having been proved unless at least 20 working days before the hearing the defendant puts the question in issue by written notice to that effect served on the prosecution.

  4. In any proceedings for an offence against any of sections 239, and 241 to 245,—

  5. any element of the offence relating to the age of any person must be treated as having been proved unless at least 20 working days before the hearing the defendant puts the question in issue by written notice to that effect served on the prosecution; and
    1. the age of any person may be proved by the production of—
      1. a birth certificate (within the meaning of section 4 of the Births, Deaths, Marriages, and Relationships Registration Act 2021) relating to the person; or
        1. an approved evidence of age document; or
          1. a passport relating to the person.

          Compare
          Notes
          • Section 274(4)(b)(i): amended, on , by section 147 of the Births, Deaths, Marriages, and Relationships Registration Act 2021 (2021 No 57).