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Summary Offences Act 1981

Offences resembling nuisance

38: Drinking in public place

You could also call this:

"Drinking alcohol in public places is not allowed and can result in a fine"

Illustration for Summary Offences Act 1981

You can get a fine of up to $300 if you drink alcohol in certain places. This includes aircraft, ships, trains, and vehicles that carry passengers for a fee. You are not allowed to drink alcohol, give it to others, or have it with you to drink in these places. If you are under 18 years old, you can get a fine of up to $300 if you drink alcohol in a public place. This includes being in a vehicle in a public place, and you are not with a parent or legal guardian. You are also not allowed to have alcohol with you to drink in these situations. This rule does not apply if you are in a place with a liquor licence under the Sale of Liquor Act 1989.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM53710.

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38Drinking in public place

  1. Every person is liable to a fine not exceeding $300 who, in or on any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle that is carrying passengers for reward,—

  2. drinks any intoxicating liquor; or
    1. supplies or offers any intoxicating liquor to any other person for consumption there; or
      1. has in his possession or under his control any intoxicating liquor for consumption there.

        1. For the purposes of subsection (1), if any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carries any passengers while under charter it shall be deemed to be carrying those passengers for reward.

        2. Without limiting subsection (1), every person under the age of 18 years commits an offence and is liable to a fine not exceeding $300 who, in any public place (or in a vehicle in any public place) and while not accompanied by his or her parent or legal guardian,—

        3. drinks any intoxicating liquor; or
          1. has in his possession or under his control any intoxicating liquor for consumption there.

            1. This section does not apply in respect of any licensed premises under the Sale of Liquor Act 1989.

            Compare
            • 1927 No 35 s 3E
            • 1960 No 119 s 3(1)
            • 1962 No 149 s 300
            • 1967 No 154 s 2(1)
            • 1968 No 40 s 2(3)
            Notes
            • Section 38(1): amended, on , by section 2 of the Summary Offences Amendment Act 1987 (1987 No 2).
            • Section 38(3): amended, on , by section 5 of the Summary Offences (Alcohol Reform) Amendment Act 2012 (2012 No 122).
            • Section 38(3): amended, on , by section 119 of the Sale of Liquor Amendment Act 1999 (1999 No 92).
            • Section 38(3): amended, on , by section 2 of the Summary Offences Amendment Act 1987 (1987 No 2).
            • Section 38(4): substituted, on , by section 230(1) of the Sale of Liquor Act 1989 (1989 No 63).