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Sale and Supply of Alcohol (Renewal of Licences) Amendment Bill (Consistent) [2018] NZBORARp 5 (24 January 2018)

Last Updated: 5 January 2019

24 January 2018

Hon David Parker, Attorney-General

LEGAL ADVICE

LPA 01 01 21

Consistency with the New Zealand Bill of Rights Act 1990: Sale and Supply of Alcohol (Renewal of Licences) Amendment Bill

1. We have considered whether the Sale and Supply of Alcohol (Renewal of Licences) Amendment Bill (‘the Bill’), a member’s Bill in the name of Louisa Wall MP, is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’).
2. The Bill amends the Sale and Supply of Alcohol Act 2012 (‘the principal Act’). It provides that, in considering whether to renew a licence where a relevant local alcohol policy exists, a licensing authority or committee must consider any inconsistency between any location and density matters in the relevant local alcohol policy and the renewal of the licence. For the purposes of this analysis, we have assumed the references in cl 5 to s 71 of the principal Act (Notification of Police) are intended to refer to s 77 (Contents of policies).
3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.
   

Jeff Orr

Chief Legal Counsel Office of Legal Counsel