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Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Appeals - Effect of decisions when appeal may be filed or while appeal is pending

152: Suspension of certain decisions (by licensing committee or licensing authority) to grant licence or manager's certificate

You could also call this:

"Waiting for an appeal: when a licence or certificate is put on hold"

If you apply for a licence or a manager's certificate, and someone objects to your application, or if the Police, an inspector, Fire and Emergency New Zealand, or a Medical Officer of Health say you should not get it, the decision to give it to you is put on hold. This means the decision does not take effect while you are waiting to see if someone will appeal against it. If someone does appeal, the decision still does not take effect until the appeal is finished.

If the appeal is only about one part of the decision, the people hearing the appeal can say the decision can take effect while they are still looking at it. They can only do this if everyone involved in the appeal agrees to it. You cannot appeal against a decision not to let the licence or certificate take effect while the appeal is happening.

In this situation, the people hearing the appeal are called the appellate tribunal, which can be the licensing authority or the court. The appellate tribunal is also mentioned in section 153.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4925342.

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"What happens when you appeal a decision about alcohol licences"

Part 2Sale and supply of alcohol generally
Appeals: Effect of decisions when appeal may be filed or while appeal is pending

152Suspension of certain decisions (by licensing committee or licensing authority) to grant licence or manager's certificate

  1. This section applies to every decision to grant an application for a licence or a manager's certificate if—

  2. an objection to the application has been duly filed and has not been withdrawn; or
    1. a report has been submitted by the Police or an inspector or an employee, volunteer, or contractor of Fire and Emergency New Zealand or a Medical Officer of Health recommending that the application be refused.

      1. A decision to which this section applies has no effect during the period allowed for filing an appeal against the decision and, if an appeal is filed against the decision, also has no effect while the appeal is pending.

      2. Where an appeal relates to a decision to which this section applies but is limited to 1 or more conditions that form part of the decision, the appellate tribunal may, subject to any conditions the appellate tribunal thinks fit to impose, order that the decision is to have effect while the appeal is pending.

      3. An order under subsection (3) may only be made if the appellate tribunal is satisfied that all parties to the appeal agree to the order, including any conditions imposed by the tribunal.

      4. No appeal may be brought against a refusal to make an order under subsection (3).

      5. In this section and in section 153, appellate tribunal means the licensing authority or the court that hears and determines an appeal under this Act.

      Compare
      Notes
      • Section 152(1)(b): amended, on , by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).