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Sale of Liquor (Objections to Applications) Amendment Bill (Consistent) (Section 14) [2008] NZBORARp 23 (24 June 2008)

Last Updated: 16 March 2020

Sale of Liquor (Objections to Applications) Amendment Bill

24 June 2008

Attorney-General

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

SALE OF LIQUOR (OBJECTIONS TO APPLICATIONS) AMENDMENT BILL 2008

1. We have considered whether the Sale of Liquor (Objections to Applications) Amendment Bill (the Bill) is consistent with the New Zealand Bill of Rights Act 1990 (Bill of Rights Act). The Bill is a member’s Bill in the name of Hon George Hawkins. We understand that the next member’s day is 2 July 2008.

2. The Bill seeks to amend the Sale of Liquor Act 1989 to:

• require applicants for an on-licence or off-licence to carry out an evaluation of the social impacts on the community if the licence were to be granted;
  

• enable any person to object to the application; and

• require the Licensing Authority to take into account any of the matters contained in the evaluation, and any matter relating to the impact of alcohol consumption on the wider community.

3. Clauses 7 and 11 of the Bill empower the Licensing Authority to request further information from any objector, in order to establish whether the objector is an affected party. The Licensing Authority cannot require an individual to provide any information. We therefore conclude that this does not constitute interference with the right to freedom of expression affirmed by section 14 of the Bill of Rights Act.

4. We have concluded that the Bill does not appear to be inconsistent with the rights and freedoms affirmed by the Bill of Rights Act.

Michael Petherick

Manager, Ministerial Advice

Office of Legal Counsel

Stuart Beresford
Manager, Bill of Rights/Human Rights
Public Law Group

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Sale of Liquor (Objections to Applications) Amendment Bill 2008 . It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney- General agrees with all aspects of it, nor does its release constitute a general waiver of legal

professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.