Sale and Supply of Alcohol Act 2012

Licensing trusts, community trusts, and other matters - Other matters - Transitional matters

406: Disposal of certain applications made within 6 months after day of assent

You could also call this:

"What happens to alcohol licence applications made soon after the law changed"

If you make an application under the Sale of Liquor Act 1989 within six months of the day this Act was agreed to, this section applies to you. You will be dealt with by the licensing authority or District Licensing Agency under the 1989 Act as if this Act had not been enacted.

If your application was made after the day this Act was agreed to, any licence you get will only be temporary and will expire after 12 months. You can ask the licensing authority or District Licensing Agency to consider your application under section 407 instead, but they can only do this after six months have passed since the day this Act was agreed to.

The 1989 Act refers to the Sale of Liquor Act 1989, the day of assent is the day this Act was agreed to, and the District Licensing Agency is the agency responsible under the 1989 Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4925352.


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407: Disposal of applications made between 6 and 12 months after day of assent, or

"What happens to alcohol licence applications made 6-12 months after the new law started"

Part 3Licensing trusts, community trusts, and other matters
Other matters: Transitional matters

406Disposal of certain applications made within 6 months after day of assent

  1. This section applies to an application made under the 1989 Act for a licence, the cancellation, renewal, or suspension of a licence, or a variation of a licence, if it was filed before the day 6 months after the day of assent.

  2. An application to which this section applies must be dealt with by the licensing authority or District Licensing Agency—

  3. under the 1989 Act; and
    1. as if this Act had not been enacted.
      1. If the application for it was made after the day of assent, a licence granted (by virtue of subsection (2)) under the 1989 Act has effect as a temporary licence only, and if not earlier renewed, expires 12 months after it is issued.

      2. The person who made an application to which this section applies may ask the licensing authority or District Licensing Agency (as the case requires) to consider it under section 407 instead of this section, and in that case, it must be dealt with under that section as if it were an application to which that section applies, but not before the day that is 6 months after the day of assent.

      3. Subsections (3) and (4) override subsection (2).

      4. In this section and sections 407 and 408,—

        1989 Act means the Sale of Liquor Act 1989

          day of assent means the day on which this Act received the Royal assent

            District Licensing Agency means the appropriate District Licensing Agency under the 1989 Act.