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Sale and Supply of Alcohol Act 2012

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

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

You could also call this:

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

When you are involved in an appeal under section 81, you have the right to appear and be heard. You can do this personally or with a lawyer, and you can call, examine, and cross-examine witnesses. This applies to you if you are the person making the appeal or if you are someone authorised by a territorial authority.

You can also call evidence and be heard if you are an inspector, constable, or Medical Officer of Health, but you need to get permission from the chairperson of the licensing authority first. The same applies if you made a submission about the local alcohol policy or if you can show that you have a special interest in the appeal.

The chairperson of the licensing authority decides who can appear and be heard, and who can call evidence, in an appeal under section 81.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3951567.

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Crime and justice > Courts and legal helpGovernment and voting > Local councils
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Part 2Sale and supply of alcohol generally
Licensing bodies: General provisions relating to licensing authority and licensing committees

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

  1. The following persons may appear and be heard, whether personally or by counsel, and call, examine, and cross-examine witnesses in an appeal under section 81 (which relates to an appeal to the licensing authority against any element of a local alcohol policy that is a matter relating to licensing):

  2. the appellant:
    1. any person authorised in that behalf by a territorial authority.

      1. With the leave of the chairperson of the licensing authority, the following persons may appear and be heard, whether personally or by counsel, and call evidence:

      2. any inspector:
        1. any constable:
          1. any Medical Officer of Health:
            1. any other party who made a submission as part of the special consultative procedure on the draft local alcohol policy:
              1. any other person who satisfies the licensing authority that he or she has an interest in the proceedings, apart from any interest in common with the public.