Sale and Supply of Alcohol Act 2012

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

402: Content of fees regulations

You could also call this:

"What the rules say about alcohol licence fees"

When you look at the rules about fees for alcohol licences, you see that regulations can do some things. They can make sure that the costs of the people who give out licences are covered by the fees they get. They can also make sure that the costs of the councils and their inspectors are covered. You can have different fees for different types of premises, like restaurants or bars, based on things like what kind of licence they have, how big they are, and what hours they are open. Regulations can set maximum or minimum fees, give refunds if there are mistakes, and prescribe annual fees or penalty fees for late payment. They can also waive fees if someone is having financial trouble, and decide how fees are collected or paid, as stated in section 397(1)(b) or (c).

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This page was last updated on 25 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3921100.

Topics:

Money and consumer rights > TaxesMoney and consumer rights > GamblingGovernment and voting > Local councils

401: Point-of-sale information regulations, or

"Rules for shops to display alcohol information"

403: Consultation on proposed fees regulations, or

"The Minister must talk to affected people before making new rules about alcohol fees."

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

402Content of fees regulations

Regulations under section 397(1)(b) or (c)—
may do anything reasonably necessary to ensure that, so far as is practicable, the total costs of the licensing authority are recovered out of the fees paid to it under this Act:
may do anything reasonably necessary to ensure that, so far as is practicable, the following are recovered out of the fees paid to territorial authorities under this Act:
1. the total costs to territorial authorities of the performance by their district licensing committees of their functions:
2. the total costs to territorial authorities of inspectors employed or contracted by them (or, where inspectors employed or contracted by them perform both the functions of an inspector and other functions, the appropriate proportion of the total costs of those inspectors):
3. the total costs to territorial authorities (in addition to those referred to in subparagraph (ii)) of their undertaking (directly or by agents or contractors) of enforcement activities under this Act:
may provide for different fees to be payable in respect of the performance of the same functions in relation to different premises, on the basis of factors such as—
1. the kinds of premises involved (whether premises for which licences of different kinds are held, premises of different kinds or descriptions for which licences of the same kind are held, or both); and
2. the kinds of licence held for the premises involved; and
3. the capacity and likely patronage of the premises; and
4. the trading hours (or intended trading hours) of the premises; and
5. any actual or proposed activities, arrangements, or systems that may reduce the risk of alcohol-related harm arising from the operation of the premises; and
6. the previous conduct or performance of the licensee or proposed licensee (or any person involved or likely to be involved in the operation of the premises with or on behalf of the licensee or proposed licensee), whether in relation to the premises concerned or in relation to other premises:
may prescribe maximum or minimum fees or both:
may provide for full or partial refunds of fees in the case of clerical error, or a change in the level of fees prescribed by regulation:
may prescribe annual fees:
may prescribe a penalty fee (of not more than half the annual fee concerned) for the late payment of any annual fee:
may provide for the full or partial waiver of fees (or fees of particular kinds) in the case of particular financial hardship of the persons required to pay them:
may prescribe the manner in which fees are to be collected or paid (either generally, or in particular circumstances).

Subparagraphs (i) to (vi) of paragraph (c) of subsection (1) do not limit or affect the generality of that paragraph.
Subsection (1) does not limit or affect the generality of section 397(1)(b) or (c).