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Sale and Supply of Alcohol Act 2012

Licensing trusts, community trusts, and other matters - Licensing trusts - Special provisions relating to existing district and suburban trusts

349: Poll may be held on competition proposal

You could also call this:

"People can vote on whether others can sell alcohol in their area, not just the local licensing trust."

If you live in an area with a licensing trust, you might have a say in how alcohol is sold. A poll can be held to decide if the trust should give up its exclusive right to sell alcohol in certain places. This is called a competition proposal, which means the trust would let others sell alcohol too, but in return, the trust could do business outside its area.

You can have a poll if the trust decides to hold one or if at least 15% of the people who live in the area ask for one in writing. The poll must follow rules made under the Sale and Supply of Alcohol Act.

If the proposal is not agreed to, you cannot have another poll on the same issue for three years. You can find more information about this by looking at s 215.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339894.

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Money and consumer rights > GamblingGovernment and voting > Local councils
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"Rules for some liquor licensing trusts"

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Part 3Licensing trusts, community trusts, and other matters
Licensing trusts: Special provisions relating to existing district and suburban trusts

349Poll may be held on competition proposal

  1. In respect of a licensing trust to which this section applies, a poll of residential electors in the trust district may be held on a competition proposal.

  2. For the purposes of this section, competition proposal means a proposal that—

  3. the trust give up its present exclusive right to hold on-licences for hotels and taverns, and off-licences for any premises other than certain club premises and premises on which wine is sold or any kind of alcohol is made, within the trust district; and
    1. in return for giving up that right, gain the right to carry on any business outside as well as within the district.

      1. Subject to subsection (5), a poll must be held on a competition proposal if—

      2. the licensing trust so resolves; or
        1. at least 15% of the residential electors in the trust district so request in writing.

          1. The poll must be conducted in accordance with regulations made under this Act.

          2. If the competition proposal is not carried, no further poll must be held under this section in respect of that licensing trust until a period of 3 years has expired.

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