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Sale and Supply of Alcohol Act 2012

Licensing trusts, community trusts, and other matters - Other matters - Transitional matters

413: Interpretation of documents constituting certain existing bodies corporate

You could also call this:

"Understanding old company rules about alcohol sales and licences"

When you read documents about certain existing bodies corporate, you need to understand what some words mean. An existing body is a company or other body corporate that was incorporated before a certain part of the law, called section 28, started. You have to interpret some words in a special way when you read these documents, especially when it comes to selling alcohol or holding licences.

You must treat restrictions that prevent an existing body from selling liquor as if they prevent it from selling alcohol, as stated in section 28(1). You also have to treat restrictions that prevent an existing body from holding a licence under an old law as if they prevent it from holding a licence under this new law. If an existing body is allowed to sell liquor or hold a licence under an old law, you must treat it as if it is allowed to do the same thing under this new law.

If an existing body has rules that say it cannot do certain things related to alcohol or licences, you have to apply those rules to the new law, which is the Sale and Supply of Alcohol Act 2012. This means you have to replace old words with new words to make sense of the documents, so you can understand what the existing body is allowed or not allowed to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3339978.

Topics:
Money and consumer rights > GamblingBusiness > Industry rules
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412: Existing members of licensing authority continue in office, or

"People already on the alcohol licensing team get to stay on the team."

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414: Permanent club charters unaffected, or

"Clubs with permanent charters can still sell alcohol without a new licence, as long as they follow the rules."

Part 3Licensing trusts, community trusts, and other matters
Other matters: Transitional matters

413Interpretation of documents constituting certain existing bodies corporate

  1. In subsection (2), existing body means a company or other body corporate incorporated before the commencement of section 28.

  2. For the purposes of section 28(1),—

  3. a restriction in the constitution of an existing body that prevents it from selling liquor must be treated as a restriction that prevents it from selling alcohol:
    1. a restriction in the constitution of an existing body that prevents it from holding a licence under a former licensing Act must be treated as a restriction that prevents it from holding a licence under this Act:
      1. a restriction in the constitution of an existing body that prevents it from holding a licence of a particular kind under a former licensing Act must be treated as a restriction that prevents it from holding a licence of that kind (or, as the case may be, a licence of a corresponding kind) under this Act:
        1. an existing body (other than a company) that is authorised to sell liquor must be treated as being authorised to sell alcohol:
          1. an existing body (other than a company) that is authorised to hold a licence under a former licensing Act must be treated as being authorised to hold a licence under this Act:
            1. an existing body (other than a company) that is authorised to hold a licence of a particular kind under a former licensing Act must be treated as being authorised to hold a licence of that kind (or, as the case may be, a licence of a corresponding kind) under this Act.