Sale and Supply of Alcohol Act 2012

Licensing trusts, community trusts, and other matters - Community trusts - Conversion of licensing trust to community trust

355: Poll on resolution

You could also call this:

"Voting on a licensing trust's decision"

You can ask a licensing trust to hold a poll on a resolution they passed under section 351. The trust has to hold a poll if 15% or more of the electors ask for one and they get the requests within 40 working days of the resolution being made public. The trust will then hold the poll according to the rules made under the Sale and Supply of Alcohol Act.

You might wonder what happens if the resolution is revoked or confirmed under section 354(2). If it is revoked, the trust does not have to hold a poll, but if it is confirmed, the trust still has to hold a poll. The trust also does not have to hold a poll if they held one under section 356 in the last 12 months.

If most electors who vote are in favour of the resolution, the trust must be converted to a community trust. If most electors who vote are not in favour, the trust cannot pass another resolution under section 351 for 12 months. This means the trust has to wait a year before trying to pass a similar resolution again.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339903.


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354: Meeting to discuss resolution, or

"Discussing and voting on a big decision about a licensing trust"


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356: Electors may request poll on conversion at any time, or

"You can ask for a vote on changing a licensing trust to a community trust at any time."

Part 3Licensing trusts, community trusts, and other matters
Community trusts: Conversion of licensing trust to community trust

355Poll on resolution

  1. Electors of the licensing trust may, by notice in writing, request the trust to hold a poll on a resolution passed under section 351.

  2. The trust must hold a poll on the resolution, in accordance with regulations made under this Act, if—

  3. 15% or more of the electors request a poll on the resolution; and
    1. the trust receives the required number of requests within 40 working days after public notice of the resolution is given.
      1. The trust—

      2. does not have to hold a poll if the resolution has been revoked under section 354(2):
        1. must hold a poll even though the resolution has been confirmed under section 354(2):
          1. does not have to hold a poll if, within 12 months before receiving a request for a poll, the trust held a poll under section 356.
            1. If on the poll the majority of electors who vote are in favour of the resolution, then the trust must be converted to a community trust.

            2. If on the poll the majority of electors who vote are not in favour of the resolution, the trust must not pass another resolution under section 351 within 12 months after the date of the poll.

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