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Acts
Sale and Supply of Alcohol Act 2012
Licensing trusts, community trusts, and other matters
Licensing trusts
Variation of licensing trust
339: Alteration of number of members for ward takes effect at next triennial general election of members

Part 1:
Preliminary matters

3Purpose 4Object 5Interpretation 5AStatus of examples 6Use of electronic records 6ATransitional, savings, and related provisions 7Act binds the Crown

Part 2:
Sale and supply of alcohol generally

Licensing generally, requirements on licensees, and conditions

Rugby World Cup 2019 extended trading hours

Rugby World Cup 2015 extended trading hours

Restrictions relating to trading hours

46No sale or supply outside permitted trading hours: all licences 47Sale and supply on Anzac Day morning, Good Friday, Easter Sunday, and Christmas Day restricted: on-licences 47AAnzac Day trading hours for licensed RNZRSA clubs 48Sale on Anzac Day morning, Good Friday, Easter Sunday, and Christmas Day restricted: off-licences 49Remote sales exempted from trading hours restrictions

Requirements on holders of on-licences and club licences

50One-way door restrictions in local alcohol policies to be complied with 51Non-alcoholic drinks to be available 52Low-alcohol drinks to be available 53Food to be available 54Help with and information about transport to be available

Requirements on holders of special licences

55Requirements relating to special licences for consumption off-premises

Other restrictions and requirements

56Display of signs: on-licences, off-licences 57Display of licence: all licences 58Restriction on kinds of alcohol sold in supermarkets and grocery shops, and premises directly accessible from supermarket or grocery shop 59Requirements relating to remote sales by holders of off-licences 60Sale and supply in clubs to members and guests only 61Administrative requirements for club licences 62No bring-your-own alcohol in clubs 62ASnack food to be available when samples sold from winery cellar doors

Requirements imposed as conditions

63Requirements and restrictions imposed as conditions

Miscellaneous licensing provisions

64Issue of licences, certificates, and authorities 65Secretary of authority to set up and maintain registers 66Record of applications 67Certified extracts to be evidence 68Licensees and managers to have address for service 69Notification of licensing authority by company of changes in company shareholding or name 70Notification of licensing authority by beneficial owner of shares of changes in shareholding 71Notification of Police 72Duplicate licence or certificate 73Surrender of licence or manager's certificate 74Temporary licence during repairs, etc

Local alcohol policies

Licensing process: on-licences, off-licences, and club licences

98Licences to which subpart applies

Applications for licences

99Applications to be made to licensing committee 100Form of application 101Notification requirements 102Objections to applications 103Police, Medical Officer of Health, and inspector must inquire into applications 104Who decides application for licence 105Criteria for issue of licences 106Considering effects of issue or renewal of licence on amenity and good order of locality 107Authority or committee may refuse licence even if application not opposed 108Licence may be refused if contrary to local alcohol policy 109Conditions may be imposed if required by local alcohol policy 110Particular conditions: on-licences and club licences 111Imposition of one-way door restrictions by condition 112Compulsory conditions relating to display and promotion of alcohol in single area in supermarkets and grocery stores 113Describing alcohol areas 114Effect of single-area conditions 115Application of single-area conditions can be delayed for some renewals 116Particular discretionary conditions, and other compulsory conditions: off-licences 117Other discretionary conditions 118Different conditions may apply to different parts of premises 119Restricted and supervised areas

Variation of conditions

120Variation of conditions

Duration

121Licence expires when new licence issued for same premises 122Expiry or renewal of licences 123Application of section 122 124Application for renewal lapses if licence expires

Renewals

125Restriction on renewal of off-licences 126Renewal of licence held by auctioneer or caterer 127Application for renewal of licence 128Objections to renewal 129Police, Medical Officer of Health, and inspector must inquire into application 130Who decides application for renewal 131Criteria for renewal 132Imposition of conditions on renewal

Matters that relate to decisions to renew licences

133Renewal of licences where relevant local alcohol policy exists 134Licensing committee may decide certain application on papers 135Decision on renewal

Temporary authorities

136Temporary authorities: on-licences and off-licences

Licensing process: special licences

Applications for special licences

137Filing of applications 138Form of application 139Notification requirements 140Objections to applications 141Inquiry into applications by Police, inspector, and Medical Officer of Health 142Criteria for issue of special licences 143Additional requirements for large-scale events 144Licensing committee may refuse special licence of own motion 145Special licence may be refused if contrary to local alcohol policy 146Conditions may be imposed if required by local alcohol policy 147Particular discretionary conditions and compulsory conditions: special licences 148Different conditions may apply in certain cases 149Duration of special licences 150Display of special licences

Other matters

151Medical Officer of Health may delegate functions

Appeals

Effect of decisions when appeal may be filed or while appeal is pending

152Suspension of certain decisions (by licensing committee or licensing authority) to grant licence or manager's certificate 153Effect of appeal against other decisions

Appeals to licensing authority

154Who may appeal 155Procedure for commencing appeal 156Adjournment if notice of appeal not given 157Appeals by way of rehearing 158Determination of appeal

Appeals to High Court

159Who may appeal to High Court 160Procedure for commencing appeal 161Appeals 162Appeal against decision of licensing authority on question of law 163Right to appear and be heard on appeals 164Orders relating to determination of appeals 165Appeal on additional question of law 166Extension of time 167No review until right of appeal exercised

Appeals to Court of Appeal

168Further appeal to Court of Appeal

Licensing bodies

Alcohol Regulatory and Licensing Authority

169Alcohol Regulatory and Licensing Authority 170Functions of licensing authority 171Powers of licensing authority 172Licensing authority may issue practice directions 173Licensing authority may give directions where licensing committee in doubt 174Licensing authority may refer matters for investigation 175Licensing authority may refer matters to licensing committees 176Licensing authority may give statements to licensing committees 177Meetings of licensing authority 178Annual report 179Membership of licensing authority 179AAppointment of temporary acting chairperson, deputy chairperson, or member 179BOrderly and efficient operation 180Chairperson and deputy chairperson 181Term of office of members 182Resignation or removal from office 183Fees and allowances 184Officers of licensing authority 185Professional assistance

District licensing committees

186Territorial authorities to appoint district licensing committees 187Functions of licensing committees 188Powers of licensing committees 189Composition of licensing committees 190Meetings of licensing committees 191Quorum 192Territorial authority to establish and maintain list of licensing committee's members 193Appointment of commissioners 194Resignation or removal 195Fees and allowances for members 196Secretary of licensing committees 197Licensing inspectors 198Delegation of functions, duties, or powers of chief executives 199Annual report 200Application of Local Government Official Information and Meetings Act 1987

General provisions relating to licensing authority and licensing committees

201Licensing authority and licensing committees have powers of commissions of inquiry 202Procedure 203Proceedings of licensing authority and licensing committees 203ALicensing committees must establish appropriate procedures 204Right of certain persons to appear in proceedings 205Right of persons to appear in relation to appeal under section 81 206Right of persons to appear in relation to certain applications for variation, suspension, and cancellation 207Evidence in proceedings before licensing authority or licensing committee 208Licensing authority or licensing committee may waive certain omissions 209Licensing committee may state case for opinion of licensing authority 210Licensing authority may state case for opinion of High Court 211Decisions to be given in writing 211AContempt of licensing authority

Management of licensed premises

212Appointment of managers: on-licences, off-licences, and club licences 213Appointment of manager: special licences 214Manager to be on duty at all times and responsible for compliance 215Circumstances where section 214 does not apply

Manager's certificates

216Managers to hold certificate 217Manager's certificate 218Manager must hold prescribed qualification 219Applications for manager's certificates 220Reports 221Who decides application for manager's certificate 222Criteria for manager's certificates 223Duration of manager's certificates 224Application for renewal of manager's certificates 225Reports and applications for renewals 226Who decides application for renewal of manager's certificates 227Criteria for renewal 228Decision on application for renewal

Miscellaneous provisions

229Temporary manager 230Acting manager 231Notice of appointment, etc, of manager, temporary manager, or acting manager 232Licensees to keep record of managers, acting managers, and temporary managers

Offences and closure of premises

Unlicensed persons and unlicensed premises

233Sales by unlicensed persons 234Allowing unlicensed premises to be used for sale of alcohol 235Use of unlicensed premises as place of resort for consumption of alcohol 235AExemption to section 235 for certain race meetings 236People found on unlicensed premises kept as place of resort for consumption of alcohol

Irresponsible promotion of alcohol

237Irresponsible promotion of alcohol

Banned and restricted alcohol products

238Offences relating to banned and restricted alcohol products

Offences relating to minors and people under purchase age

239Sale or supply of alcohol to people under purchase age on or from licensed premises 240Exemptions in respect of licensed premises 241Supplying alcohol to minors 242Employment of minors 243Buying of alcohol by people under purchase age 244Minors in restricted areas or supervised areas 245Permitting minors to be in restricted areas or supervised areas 246Who is guardian

Other offences on licensed premises

247Unauthorised sale or supply 248Sale or supply of alcohol to intoxicated people 249Allowing people to become intoxicated 250Manager intoxicated on duty 251Employee intoxicated on duty 252Allowing intoxication on licensed premises 253Allowing disorderly conduct on licensed premises 254Sales of spirit in vessel exceeding 500 ml 255Being on licensed premises outside licensing hours 256Allowing people on licensed premises outside licensing hours 257Offences relating to evidence of age documents 258Licensee's offences in respect of manager

Failure to comply with requirement or restriction

259Failure to comply with certain requirements and restrictions imposed by or under this Act

Infringement offences

260Infringement offences 261Commission of infringement offences 262Infringement notices 263Payment of infringement fees 264Regulations

Closure of premises

265Closure of premises by order 266Closure of licensed premises by Police

Powers of entry on licensed premises

267Powers of entry on licensed premises 268Power to seize samples of alcohol 269Power of Police to demand information

Further powers of Police

270Constable may apply for search warrant 271Search and Surveillance Act 2012 to apply

Matters of evidence

272Matters of proof relating to status of premises 273Matters of proof relating to content of alcohol 274Evidence of sale or consumption of alcohol

Miscellaneous provisions

275Liability of licensees for offences by managers 276Community Magistrates have jurisdiction in some cases 277Forfeiture 278Notice of prosecution or conviction of managers and licensees

Other enforcement provisions

General enforcement provisions

279Building Act 2004 280Variation, suspension, or cancellation of licences other than special licences 281Suspension or cancellation of licences by licensing authority in respect of certain offences 282Hearing for suspension or cancellation under section 281 283Variation, suspension, or cancellation of special licences 284Hearing for variation, suspension, or cancellation of special licences under section 283 285Suspension or cancellation of manager's certificates 286Suspension of licence for non-compliance with public health or fire precaution requirements 287Automatic suspension of licence for non-payment of annual fee

Cancellation of licences and manager's certificates for repeat offending or breaches

288Holdings giving rise to cancellation of licence and manager's certificate 289Cancellation of licence after 3 holdings within 3 years 290Cancellation of manager's certificate after 3 holdings within 3 years 291Procedure for applications for cancellation of licence 292Restrictions on person whose licence has been cancelled 293Restriction on person whose manager's certificate has been cancelled 294Licensing authority may cancel manager's certificate after making finding

Agencies' duty to collaborate

295Duty to collaborate

Licensing authority to keep and maintain list

296List of licensees and managers who hold licences or manager's certificates 297Removal of entry relating to holding 298Purpose of list 299List to be made available to constables and inspectors only

Part 3:
Licensing trusts, community trusts, and other matters

Licensing trusts

Establishment of licensing trusts

300Licensing trust established by Order in Council 301When Minister must recommend establishment of licensing trust 302Licensing trust is body corporate 303Existing licensing trusts continue in existence 304Alteration of trust boundaries 305Functions of licensing trust 306Licensing trust liable to taxes 307How licensing trust may spend profits

Elections

308Election of members 309Qualification to be elected or appointed member 310First election of members 311Second and later elections 312Who is qualified to vote in election of members of licensing trust 313Conduct of election 314Electoral roll 315Governor-General may appoint members to make up required number 316Term of office

Members

317Election of president of trust 318Vacancy in office of president 319Deputy president 320Minister may appoint deputy of member 321Remuneration

Disqualification and vacancies

322Disqualification from election or appointment as member of licensing trust 323Disqualification from continuing to be member of licensing trust 324Offence of acting as member of licensing trust while disqualified 325Vacation of office by members 326Extraordinary vacancies

Removal from office

327District Court may issue removal summons 328District Court may remove member from office

Conduct of business

329First meeting of trust 330Procedure at meetings 331Trusts may determine own procedure 332Financial year 333Accounting records 334Financial statements 335Annual meeting of electors 336Power to compromise with creditors

Variation of licensing trust

337Variation of establishment of licensing trust 338Creation, alteration, or abolition of wards takes effect at next triennial general election of members 339Alteration of number of members for ward takes effect at next triennial general election of members

Amalgamation of licensing trusts

340Amalgamation of licensing trusts 341Notice of amalgamation proposal 342Meeting to discuss amalgamation proposal 343Poll on amalgamation proposal 344Amalgamation by Order in Council 345Effect of Order in Council

Voluntary administration and liquidation

346Voluntary administration and liquidation under Companies Act 1993 347Distribution of assets

Special provisions relating to existing district and suburban trusts

348Application of sections 349 and 350 349Poll may be held on competition proposal 350Monopoly provisions continue to apply

Community trusts

Conversion of licensing trust to community trust

351Resolution to convert licensing trust to community trust 352Public notice of resolution 353Electors may request meeting 354Meeting to discuss resolution 355Poll on resolution 356Electors may request poll on conversion at any time 357Establishment of community trust 358Order in Council vesting licensing trust's undertaking in community trust

Status, name, region, and functions of community trust

359Community trust is body corporate 360Existing community trust continues in existence 361Name of community trust 362Region of community trust 363Alteration of community trust boundaries 364Functions of community trust 365How community trust may spend profits

Trust deed

366Contents of trust deed 367Variation of trust deed 368Trust deed must be consistent with Act

Trustees

369First trustees 370Election of trustees 371Who is qualified to vote in election of trustees of community trust 372Conduct of election of trustees 373Electoral roll for election of trustees 374Governor-General may appoint trustees to make up required number 375Trustees' term of office 376Disqualification from election or appointment as trustee 377Disqualification from continuing to hold office as trustee 378Vacation of office by trustees 379Extraordinary vacancies 380Removal of trustee from office

Conduct of business

381Financial year 382Accounting records 383Financial statements 384Annual meeting of electors

Amalgamation of community trusts

385Amalgamation of community trusts 386Notice of amalgamation proposal 387Meeting to discuss amalgamation proposal 388Poll on amalgamation proposal 389Amalgamation by Order in Council 390Effect of Order in Council

Voluntary administration and liquidation

391Voluntary administration and liquidation under Companies Act 1993 392Distribution of assets

Miscellaneous

393Liability of community trust to taxes 394Application of Trusts Act 2019 395Application of Local Authorities (Members' Interests) Act 1968 396Application of Local Government Official Information and Meetings Act 1987

Other matters

Regulations

397Regulations 398Regulations regulating sale of alcohol containing less than 15% ethanol (other than beer, mead, and wine)399Consultation on regulations regulating sale of alcohol containing less than 15% ethanol (other than beer, mead, and wine)400Regulations banning or restricting certain alcohol products 401Point-of-sale information regulations 402Content of fees regulations 403Consultation on proposed fees regulations 404Fees to be reviewed every 5 years

Fee-setting by territorial authorities

405Fee-setting by territorial authorities

Transitional matters

406Disposal of certain applications made within 6 months after day of assent 407Disposal of applications made between 6 and 12 months after day of assent 408Certain otherwise ineligible applications may be granted for limited period 409Existing licences continue in force 410Transitional provision relating to BYO restaurants and managers 411Transitional provision for certain manager's certificates 412Existing members of licensing authority continue in office 413Interpretation of documents constituting certain existing bodies corporate 414Permanent club charters unaffected 415Matters not completed by District Licensing Agencies 415AApplication of amendments to section 360 and Schedule 1

Amendment to Children, Young Persons, and Their Families Act 1989

416Jurisdiction of Youth Court

Consequential amendments and repeals

417Consequential amendments 418Repeals

Schedule 1AA:
Transitional, savings, and related provisions

Schedule 1:
Existing licensing and community trusts

Schedule 2:
Consequential amendments to other enactments

Schedule 3:
Consequential amendments to regulations

Schedule 4:
Rugby World Cup 2023 extended trading hours: game details

Schedule 4:
Rugby World Cup 2019 extended trading hours: game details

Schedule 4:
Rugby World Cup 2015 extended trading hours: game details

Sale and Supply of Alcohol Act 2012

Licensing trusts, community trusts, and other matters - Licensing trusts - Variation of licensing trust

339: Alteration of number of members for ward takes effect at next triennial general election of members

You could also call this:

"Changing the number of members for a ward takes effect at the next big election"

If you change the number of members for a ward of a divided trust district, the change happens at the next triennial general election of members. This is when you vote for new members. The change only happens a little earlier if it is necessary for the election to take place. You can find more information about this by looking at s 210(2). The change will be in effect from the time of the next election.

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This page was last updated on 25 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339881.

Topics:

Government and voting > ElectionsGovernment and voting > Local councils

338: Creation, alteration, or abolition of wards takes effect at next triennial general election of members, or

"Changes to wards in a trust district take effect at the next big election."

340: Amalgamation of licensing trusts, or

"When licensing trusts merge to form a new one"

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

339Alteration of number of members for ward takes effect at next triennial general election of members

Where the number of members for a ward of a divided trust district is altered, the alteration takes effect only at the next triennial general election of members, except to the extent that is necessary for holding that election.

Compare

s 210(2)