Sale and Supply of Alcohol Act 2012

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

203A: Licensing committees must establish appropriate procedures

You could also call this:

"Licensing committees must create fair and comfortable rules for considering alcohol licence applications."

When you are on a licensing committee, you must create fair rules to consider applications. You must make sure these rules are not too formal and allow people to take part in a way that feels comfortable for them. This includes things like where and when the hearing happens, what the room looks like, and what language people use.

You must also make sure that people cannot question each other or witnesses during the hearing. This is often called cross-examination, and it is not allowed in these cases. However, you must allow Māori customs and traditions, called tikanga Māori, to be part of the process. You must also let people speak and make their points in te reo Māori, which is the Māori language.

Note that these rules do not apply to the licensing authority, which is a different group. You can find more information about this by looking at the Sale and Supply of Alcohol Act 2012 and the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS965489.


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

203ALicensing committees must establish appropriate procedures

  1. A licensing committee must establish appropriate procedures to consider applications.

  2. When doing so, a licensing committee must ensure that those procedures—

  3. avoid unnecessary formality, including, for example (without limitation), by making appropriate provision about—
    1. the location and timing of the hearing:
      1. the layout of the venue of the hearing:
        1. the timetable for the hearing:
          1. the language and terminology to be used at the hearing; and
          2. do not permit parties or their representatives to question other parties or witnesses of other parties; and
            1. do not permit cross-examination; and
              1. allow for tikanga Māori to be incorporated into proceedings; and
                1. allow for persons to be heard, and to make submissions, in te reo Māori.
                  1. To avoid doubt, nothing in subsection (1) applies to the licensing authority.

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                  Notes
                  • Section 203A: inserted, on , by section 16 of the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 (2023 No 60).