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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

350: Monopoly provisions continue to apply

You could also call this:

“Special rules still apply in areas with a licensing trust that controls alcohol sales.”

If you live in an area with a licensing trust, some special rules apply. You can’t get a licence to sell alcohol in a hotel or tavern in that area unless you are the licensing trust. You can’t get a licence to sell alcohol from a shop in that area unless you are the licensing trust, or unless you make alcohol, or you had a special kind of licence before the Sale of Liquor Act 1989 started. The licensing trust must not spend its profits outside the area where it operates, as stated in section 307.

If you get a licence to sell alcohol from a shop in that area, you can only sell certain kinds of alcohol. This rule applies if you got your licence under certain conditions, or if you had a wine reseller’s licence before the Sale of Liquor Act 1989 started. You must follow this rule when you renew your licence.

Some licences are special because they were granted before the Sale of Liquor Act 1989 started. These special licences can only be used to sell certain kinds of alcohol. The rules about these special licences are important to follow.

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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=DLM3339896.

Topics:
Money and consumer rights > Consumer protection Government and voting > Local councils
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349: Poll may be held on competition proposal, or

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

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

350Monopoly provisions continue to apply

  1. Unless and until a competition proposal is carried in respect of a licensing trust to which this section applies, then, despite any of the other provisions of this Act,—

  2. an on-licence must not be issued to any person other than the licensing trust for any hotel or tavern in the trust district:
    1. an off-licence must not be issued for any premises in the trust district, except—
      1. to the licensing trust; or
        1. for premises for which a licence to which subsection (4) applies is held; or
          1. for any premises on which any kind of alcohol is made:
          2. a licence must not be issued for any premises outside the trust district, or for any conveyance operated in whole or in part outside the trust district, to—
            1. the licensing trust; or
              1. any person on behalf of the licensing trust or in respect of any premises in which the licensing trust has any estate or interest; or
                1. any company in which the licensing trust holds any of the issued shares (other than shares that carry no right to participate beyond a specified amount in the distribution of either profits or capital); or
                  1. any company in which the licensing trust has the power to appoint any director; or
                    1. any trustee or trustees of a trust in respect of which the licensing trust has the power to appoint any trustee; or
                      1. any other person, body corporate, or trustee, if the licensing committee or the licensing authority is satisfied that the application by that person, body corporate, or trustees is made pursuant to an arrangement designed to enable the trust to evade the prohibitions set out in subparagraphs (i) to (v):
                      2. the licensing trust must not spend or distribute any of its net profits under section 307 outside the trust district.

                        1. Every off-licence issued under subsection (1)(b)(ia) must be issued subject to a condition that alcohol must not be sold or delivered on or from the premises for which the licence is held unless it is alcohol of a kind that, immediately before the commencement of the Sale of Liquor Act 1989, could have been sold or delivered under a wine reseller's licence granted under the Sale of Liquor Act 1962.

                        2. A licence must, if renewed, be renewed subject to a condition that alcohol must not be sold or delivered on or from the premises for which the licence is held unless it is alcohol of a kind that, immediately before the commencement of the Sale of Liquor Act 1989, could have been sold or delivered under a wine reseller's licence granted under the Sale of Liquor Act 1962, if it is—

                        3. an off-licence issued under subsection (1)(b)(ia) of this section or section 216(b)(iii) of the Sale of Liquor Act 1989; or
                          1. a licence to which subsection (4) applies.

                            1. This subsection applies to a licence if—

                            2. it was granted as a wine reseller's licence under the Sale of Liquor Act 1962; or
                              1. it is an off-licence granted in substitution for a wine reseller's licence granted under the Sale of Liquor Act 1962.

                                Notes
                                • Section 350(1)(b)(ia): inserted, on , by section 5(1) of the Sale and Supply of Alcohol Amendment Act 2013 (2013 No 131).
                                • Section 350(2): inserted, on , by section 5(2) of the Sale and Supply of Alcohol Amendment Act 2013 (2013 No 131).
                                • Section 350(3): inserted, on , by section 5(2) of the Sale and Supply of Alcohol Amendment Act 2013 (2013 No 131).
                                • Section 350(4): inserted, on , by section 5(2) of the Sale and Supply of Alcohol Amendment Act 2013 (2013 No 131).