section 152, it still has an effect. You can appeal against this decision, and i..."> section 152, it still has an effect. You can appeal against this decision, and it will keep having an effect while you w..."> section 152, it still has an effect. You can appeal against this decision, and it will keep having an effect while you w...">

Plain language law

New Zealand law explained for everyone

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

153: Effect of appeal against other decisions

You could also call this:

“What happens when you appeal a decision about alcohol licences”

If you make a decision that is not covered by section 152, it still has an effect. You can appeal against this decision, and it will keep having an effect while you wait for the appeal to be decided. The people deciding your appeal can stop the decision from having an effect while they make their decision.

If the decision is about suspending a licence for health or fire safety reasons, made under section 286, the people deciding your appeal cannot stop it from having an effect. When the people deciding your appeal stop a decision from having an effect, and the decision is about not renewing, suspending, or cancelling a licence, the licence is extended until the appeal is finally decided. This means you can keep using the licence until the appeal is finished.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4925343.

Topics:
Money and consumer rights > Consumer protection Government and voting > Government departments
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152: Suspension of certain decisions (by licensing committee or licensing authority) to grant licence or manager's certificate, or

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

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154: Who may appeal, or

"Who can challenge an alcohol sales decision they don't agree with"

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

153Effect of appeal against other decisions

  1. This section applies to every decision that is not a decision to which section 152 applies.

  2. A decision to which this section applies has effect during the period allowed for filing an appeal against the decision and, if an appeal is filed against the decision, also has effect while the appeal is pending.

  3. However, the appellate tribunal may, on its own initiative or on an application made for the purpose, order that a decision to which this section applies is not to have effect while the appeal is pending.

  4. Despite subsection (3), an appellate tribunal may not make an order under that subsection in relation to a decision made under section 286 (which relates to the suspension of licences for non-compliance with public health or fire precaution requirements).

  5. Where an appellate tribunal makes an order under subsection (3) in relation to a decision to refuse to renew, to suspend, or to cancel any licence or manager's certificate, the licence or manager's certificate must, if the appeal is not finally determined on or before the expiry of the licence or certificate, be deemed to be extended until the final determination of the appeal.

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