Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Appeals - Appeals to licensing authority

157: Appeals by way of rehearing

You could also call this:

"Asking for a new look at a decision about alcohol licensing"

When you appeal a decision, it is like a new hearing. You get to present your case again to the licensing authority. They will look at the evidence from the first hearing.

If there are questions about facts, the licensing authority will look at the evidence from the first hearing. They will see what people said when they were speaking, or what they wrote in statements. They will also look at any documents or objects that were used as evidence.

The licensing authority can choose to hear some or all of the evidence again. They must hear the evidence again if they think something important was missed. They can also hear new evidence to help them make a decision.

The licensing authority can get new evidence in different ways, such as by talking to people or by reading written statements. After they make a decision, they will send back any applications, papers, and exhibits they got from the licensing committee, as required by section 155(6). This is part of how they handle appeals.

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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=DLM3951557.

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156: Adjournment if notice of appeal not given, or

"What happens if someone doesn't get told about an alcohol licence appeal"

158: Determination of appeal, or

"The licensing authority decides what happens next with your appeal."

Part 2Sale and supply of alcohol generally
Appeals: Appeals to licensing authority

157Appeals by way of rehearing

Every appeal is by way of rehearing.
However, where any question of fact is involved in any appeal, the evidence taken before the licensing committee bearing on the question must, subject to any special order, be brought before the licensing authority as follows:
as to any evidence given orally, by the production of a copy of the chairperson of the licensing committee's note or of a written statement read by the witness while under oath, or of such other materials as the licensing committee may consider expedient:
as to any evidence taken by affidavit and as to any exhibits, by the production of the affidavits and such of the exhibits as may have been forwarded to the licensing authority by the licensing committee, and by the production by the parties to the appeal of such exhibits as are in their custody.

Despite subsection (2), the licensing authority may in its discretion rehear the whole or any part of the evidence, and must rehear the evidence of any witness if the licensing authority has reason to believe that any note of the evidence of that witness made by the chairperson of the licensing committee is or may be incomplete in any material particular.
The licensing authority has full discretionary power to hear and receive further evidence on questions of fact, either by oral evidence or by affidavit.
The secretary of the licensing authority must also return to the secretary of the licensing committee any application, papers, and exhibits forwarded by the secretary of the licensing committee under section 155(6).