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Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Licensing bodies - District licensing committees

193: Appointment of commissioners

You could also call this:

"Who can be chosen to help make decisions about alcohol licences in their community"

The chief executive of a territorial authority can appoint a commissioner to a licensing committee. You need to know that the commissioner has all the same powers as the chairperson of the committee. The chief executive can only appoint someone who is well-respected in the community and has the right knowledge and experience.

When appointing a commissioner, the chief executive must choose someone who is fair and unbiased. You cannot be a commissioner if you work in the alcohol industry or if you are related to someone who does, because it could look like you are biased. You also cannot be a commissioner if you are a police officer, a Medical Officer of Health, an inspector, or an employee of the territorial authority.

A commissioner is appointed for a term of up to 5 years, and they can be reappointed for more terms if needed. The length of the term is decided when the commissioner is appointed, and it can be up to 5 years each time.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3951564.

Topics:
Government and voting > Local councilsMoney and consumer rights > Gambling
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192: Territorial authority to establish and maintain list of licensing committee's members, or

"Councils must keep a list of people who can help make decisions about alcohol licences."

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194: Resignation or removal, or

"How to leave or be removed from a job on a licensing committee"

Part 2Sale and supply of alcohol generally
Licensing bodies: District licensing committees

193Appointment of commissioners

  1. The chief executive of a territorial authority may, on the recommendation of the territorial authority, appoint a commissioner or commissioners to any of the territorial authority's licensing committees and any person so appointed has all the functions, powers, and duties of the chairperson of the licensing committee.

  2. The chief executive may only appoint a person as a commissioner if that person is of good standing in the community and has the necessary knowledge, skill, and experience relating to matters that are likely to come before the committee.

  3. A person must not be appointed as a commissioner if—

  4. the territorial authority believes that person has, directly or by virtue of his or her relationship with another person, such an involvement or appearance of involvement with the alcohol industry that he or she could not perform his or her duties without actual bias or the appearance of bias; or
    1. the person is a constable, a Medical Officer of Health, an inspector, or an employee of the territorial authority.

      1. A commissioner appointed under this section holds office for a term, stated when the commissioner is appointed, of up to 5 years and may be reappointed for 1 or more further periods of up to 5 years.