Plain language law

New Zealand law explained for everyone

Sale and Supply of Alcohol Act 2012

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

209: Licensing committee may state case for opinion of licensing authority

You could also call this:

"A licensing committee can ask for help from a higher authority to decide a tricky legal question."

If you are part of a licensing committee, you can ask the licensing authority for their opinion on a question of law. You can do this when a question of law comes up in a proceeding before your committee. The licensing authority can then decide what to do with your question.

The licensing authority might send your case to the High Court to make a decision. If they do, the High Court will have the same power to make a decision as the licensing authority had. This means the High Court can decide what happens next in your proceedings.

When you ask the licensing authority for their opinion, some rules from the Criminal Procedure Act 2011 will apply to your case. These rules are from subpart 8 of Part 6 of the Act. They will be used in a way that makes sense for your situation.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3951569.

Topics:
Crime and justice > Courts and legal helpMoney and consumer rights > GamblingGovernment and voting > Government departments
Previous

208: Licensing authority or licensing committee may waive certain omissions, or

"The licensing authority can forgive small mistakes if they think you didn't mean to make them."

Next

210: Licensing authority may state case for opinion of High Court, or

"The licensing authority can ask a high court for help with a law question when making decisions about alcohol licences."

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

209Licensing committee may state case for opinion of licensing authority

  1. A licensing committee may state a case for the opinion of the licensing authority on any question of law arising in any proceedings before it.

  2. The licensing authority may order the removal into the High Court of any case stated under this section; and on removal the High Court has the same power to adjudicate on the proceedings as the licensing authority had.

  3. The provisions of subpart 8 of Part 6 of the Criminal Procedure Act 2011, so far as they are applicable and with the necessary modifications, apply to any case stated under this section.

Notes
  • Section 209(3): amended, on , by regulation 3(1) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).