Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Licensing bodies - General provisions relating to licensing authority and licensing committees

204: Right of certain persons to appear in proceedings

You could also call this:

"Who can speak up in alcohol licence meetings"

When you are involved in certain proceedings about alcohol licences, you have the right to appear and be heard. These proceedings include applying for a licence under section 99, varying the conditions of a licence under section 120, renewing a licence under section 127, getting a temporary authority under section 136, or getting a special licence under section 137. You can also appeal a decision to the licensing authority under section 154.

With the chairperson's permission, some people can appear and be heard in these proceedings. This includes employees or contractors of Fire and Emergency New Zealand who do fire safety inspections, people authorised by a territorial authority, and anyone who has a special interest in the proceedings.

If the proceedings are before a licensing committee, certain people can appear, be heard, and call their own witnesses. These people are the applicant, an objector, an inspector, a constable, and a Medical Officer of Health. If the proceedings are before the licensing authority, these same people can appear, be heard, call witnesses, and cross-examine them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3951566.


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203A: Licensing committees must establish appropriate procedures, or

"Licensing committees must create fair and comfortable rules for considering alcohol licence applications."


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205: Right of persons to appear in relation to appeal under section 81, or

"Your right to speak up in an alcohol licence appeal"

Part 2Sale and supply of alcohol generally
Licensing bodies: General provisions relating to licensing authority and licensing committees

204Right of certain persons to appear in proceedings

  1. This section applies to the following proceedings:

  2. an application for a licence under section 99:
    1. an application for variation of the conditions of a licence under section 120:
      1. an application for the renewal of a licence under section 127:
        1. an application for a temporary authority under section 136:
          1. an application for a special licence under section 137:
            1. an appeal against a decision of a licensing committee to the licensing authority under section 154.
              1. With the leave of the chairperson of the licensing committee or the licensing authority (as the case may be), any of the following persons may appear and be heard, whether personally or by counsel, in any proceedings stated in subsection (1):

              2. an employee, volunteer, or contractor of Fire and Emergency New Zealand authorised to undertake fire safety inspections:
                1. a person authorised in that behalf by any territorial authority:
                  1. any other person who satisfies the licensing committee or the licensing authority that he or she has an interest in the proceedings, apart from any interest in common with the public.
                    1. In the case of proceedings specified in subsection (1) that are before a licensing committee, any of the following persons may appear and be heard (whether personally or by counsel) and call and examine their own witnesses:

                    2. the applicant:
                      1. an objector:
                        1. an inspector:
                          1. a constable:
                            1. a Medical Officer of Health.
                              1. In the case of proceedings specified in subsection (1) that are before the licensing authority, any of the following persons may appear and be heard (whether personally or by counsel), and call, examine, and cross-examine any witnesses:

                              2. the applicant:
                                1. an objector:
                                  1. an inspector:
                                    1. a constable:
                                      1. a Medical Officer of Health.
                                        Notes
                                        • Section 204(2)(a): amended, on , by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).
                                        • Section 204(3): replaced, on , by section 17 of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60).
                                        • Section 204(4): inserted, on , by section 17 of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60).