Sale and Supply of Alcohol Act 2012

Licensing trusts, community trusts, and other matters - Licensing trusts - Establishment of licensing trusts

304: Alteration of trust boundaries

You could also call this:

"The Governor-General can change the areas covered by licensing trusts on advice from the Minister."

The Governor-General can change the boundaries of licensing trusts. This happens when the Minister advises them to, and the Minister only does this if the Local Government Commission recommends it. The Commission looks at the boundaries of licensing trusts and suggests changes to match the statistical meshblock areas used by Statistics New Zealand.

You might wonder how the Commission decides on these changes. They review the boundaries of one or more licensing trusts and talk to people who will be affected, like trust members and licensees. After that, they can recommend changes to the Minister.

If the boundaries of a trust district change, some rules do not apply to existing licensed premises in the new area. The change also does not affect trust members who live outside the new boundaries, but it does affect their ability to vote or stand in later elections.

The Governor-General's order to change the boundaries is a type of secondary legislation, which has its own publication requirements, as explained in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339834.


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"Older alcohol licensing trusts keep working as usual under the new law."


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Part 3Licensing trusts, community trusts, and other matters
Licensing trusts: Establishment of licensing trusts

304Alteration of trust boundaries

  1. The Governor-General may, by Order in Council made on the advice of the Minister, alter the boundaries of licensing trusts to coincide with the boundaries of the current statistical meshblock areas determined by Statistics New Zealand and used for parliamentary electoral purposes (meshblocks).

  2. The Minister may give the advice referred to in subsection (1) only on the recommendation of the Local Government Commission (the Commission) made in accordance with subsection (3).

  3. The Commission may from time to time review the boundaries of 1 or more licensing trusts and, after consulting with affected persons (including the members of each trust, any affected licensees, and the trust's electoral officer), may recommend their alteration to coincide with meshblocks.

  4. The monopoly provisions in section 350 do not apply to any existing licensed premises in any new area of the trust district after alteration.

  5. The alteration of the boundaries of a trust district must not have the effect of disqualifying a member of the trust at the date of alteration whose residence falls outside the new boundaries of the trust district, but this subsection does not affect the ineligibility of any such person to vote or stand as a candidate in later elections of members of the trust.

  6. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes
  • Section 304(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).