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Sale and Supply of Alcohol Act 2012

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

358: Order in Council vesting licensing trust's undertaking in community trust

You could also call this:

"The Governor-General can transfer a licensing trust's business to a community trust with a special order."

The Governor-General can make an Order in Council to move a licensing trust's business to a community trust. You need to know that the Governor-General makes this order after getting advice from the Minister, who was asked by the licensing trust. The order will say when the change happens, which must be at least 20 working days after the order is made.

When the change happens, the licensing trust will stop existing. All the trust's property, including licences under the Sale and Supply of Alcohol Act 2012, will belong to the community trust. The community trust will also be responsible for all the licensing trust's money, debts, and contracts.

The community trust can take over any court cases that the licensing trust was involved in. If you want to know more about how this order is published, you can look at Part 3 of the Legislation Act 2019. This change does not break any contracts or laws, and it does not give anyone the right to stop or change a contract.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339906.

Topics:
Money and consumer rights > GamblingGovernment and voting > Government departments
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357: Establishment of community trust, or

"Setting up a community trust to manage alcohol sales in your area"

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359: Community trust is body corporate, or

"A community trust is like a person that never dies, with its own special stamp to prove it's real."

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

358Order in Council vesting licensing trust's undertaking in community trust

  1. The Governor-General may, by Order in Council made on the advice of the Minister given at the request of the licensing trust concerned, specify a date on which the licensing trust's undertaking is vested in the community trust established by the licensing trust.

  2. The date specified in the Order in Council must be not less than 20 working days after the date on which the order is made.

  3. On the date specified in the Order in Council,—

  4. the licensing trust is dissolved:
    1. all real and personal property of the licensing trust, including all licences under this Act, vests in the community trust:
      1. all money payable to or by the licensing trust is payable to or by the community trust:
        1. all liabilities, contracts (including employment contracts), and engagements, and all rights and authorities, of the licensing trust are the liabilities, contracts, engagements, rights, and authorities of the community trust:
          1. all proceedings by or against the licensing trust may be carried on or prosecuted by or against the community trust.

            1. To avoid doubt, in the case of a licensing trust to which sections 349 and 350 apply, subsection (3)(d) does not apply to the exclusive right referred to in section 349(2).

            2. Nothing authorised or effected under this section—

            3. places the licensing trust or the community trust in breach of, or default under, any contract, or in breach of trust, or in breach of confidence, or otherwise makes it guilty of a civil wrong; or
              1. gives rise to a right for a person to—
                1. terminate, cancel, or modify a contract or an agreement; or
                  1. enforce or accelerate the performance of an obligation; or
                    1. require the performance of an obligation not otherwise arising for performance; or
                    2. places the licensing trust or the community trust in breach of any enactment, rule of law, or contractual provision prohibiting, restricting, or regulating the assignment, transfer, or issue of any property or the disclosure of any information; or
                      1. releases a surety wholly or in part from an obligation; or
                        1. releases or discharges a contract or security; or
                          1. entitles any employee to receive any payment or other benefit by reason that he or she ceased, as a result of this Act, to be an employee of the licensing trust.

                            1. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                            Compare
                            Notes
                            • Section 358(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).