Waikato District Council adopted its Provisional Local Alcohol Policy (LAP) on 6 October 2022 and is now subject to appeal. An appeal can only be made by those who submitted as part of formal consultation on the draft LAP as well as the NZ Police and Medical Officers of Health who have a statutory right to appeal.
The only ground on which the provisional LAP can be appealed against is that it is unreasonable in the light of the object of the Sale and Supply of Alcohol Act 2012 (the Act). The object of the Act is that ‘the sale, supply, and consumption of alcohol should be undertaken safely and responsibly; and the harm caused by the excessive or inappropriate consumption of alcohol should be minimised’.
An appeal made under section 81 of the Act must be made by sending a notice of appeal to:
The Secretary of the Alcohol Regulatory and Licensing Authority
The notice must:
- be made in writing; and
- state the full legal name, address for service, telephone number and any email address of the appellant; and
- state the element of the provisional LAP appealed against and state why the element is unreasonable in the light of the object of the Act; and
- be accompanied by the prescribed fee ($517.50 including GST); and
- be accompanied by a copy of the submission that the appellant made on the draft LAP that became the provisional LAP.
Either before or immediately after the notice is sent to the Secretary of the Alcohol Regulatory and Licensing Authority, a copy must be sent to Waikato District Council.
Appeals must be made to the Alcohol Regulatory and Licensing Authority by 18 November 2022.
The provisional LAP can be viewed at Council offices or on Council’s website https://shape.waikatodistrict.govt.nz/local-alcohol-policy. A copy can also be obtained by calling 0800 492 452.