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Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Local alcohol policies

89: Disallowance of local alcohol policy

You could also call this:

"What happens if someone says no to a local alcohol rule"

If a local alcohol policy is adopted, you need to know how it works. Some parts of it, like maximum trading hours or a one-way-door policy, are treated as secondary legislation under section 161A(2) of the Local Government Act 2002 and subpart 2 of Part 5 of the Legislation Act 2019. The rest of the policy is not treated as secondary legislation. If an element of a local alcohol policy is disallowed under the Legislation Act 2019, it does not affect the rest of the policy. When a local alcohol policy is amended, the changes are treated like a new policy.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3951546.

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Part 2Sale and supply of alcohol generally
Local alcohol policies

89Disallowance of local alcohol policy

  1. If a local alcohol policy has been adopted,—

  2. any elements of it relating to maximum trading hours or a one-way-door policy must be treated as secondary legislation under section 161A(2) of the Local Government Act 2002; and subpart 2 of Part 5 of the Legislation Act 2019 (which relates to disallowance) applies accordingly; but
    1. the rest of it must be treated as not being secondary legislation within the meaning of that Act.

      1. The disallowance under the Legislation Act 2019 of an element of a local alcohol policy (or of a local alcohol policy that has been brought into force) does not affect the rest of the policy.

      2. Subsections (1) and (2) apply to any element of an amendment of a local alcohol policy relating to maximum trading hours or a one-way-door policy (whether an amendment of an existing element relating to one of those matters or the insertion of a new or substituted element relating to one of those matters) as if the adoption of the amendment were the adoption of a new policy.

      Notes
      • Section 89(1): amended, on , by section 8 of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60).
      • Section 89(1)(a): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
      • Section 89(1)(b): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
      • Section 89(2): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).