Sale and Supply of Alcohol Act 2012

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

356: Electors may request poll on conversion at any time

You could also call this:

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

You can ask a licensing trust to hold a vote on whether it should become a community trust at any time. You do this by sending the trust a written notice. If 15% or more of the people who can vote ask for a poll, the trust must hold a vote on the issue. The trust follows rules made under the Sale and Supply of Alcohol Act 2012 when holding the poll. If most people who vote want the trust to become a community trust, it must be converted.

If the trust already held a vote on this issue in the last 12 months, because of a request under section 355, it does not need to hold another vote. You can only ask for another vote if it has been three years since the last vote on this issue. If most people who vote do not want the trust to become a community trust, the trust cannot hold another vote on this issue for three years. This rule helps decide what happens to a licensing trust when people want it to change.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339904.


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

356Electors may request poll on conversion at any time

  1. At any time electors of a licensing trust may, by notice in writing, request the trust to hold a poll on whether the trust should be converted to a community trust.

  2. The trust—

  3. must hold a poll on the issue, in accordance with regulations made under this Act, if 15% or more of the electors request a poll:
    1. need not hold a poll under this section if the trust held a poll under section 355 within 12 months before receiving a request under subsection (1).
      1. If on the poll the majority of electors who vote are in favour of conversion, then the trust must be converted to a community trust.

      2. If on the poll the majority of electors who vote are against conversion, the trust must not hold another poll under this section within 3 years after the date of the poll.

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