Commentary to the Sale and Supply of Alcohol Act 2012 has been updated in response to the amendments by the Sale and Supply of Alcohol (Community Participation) Amendment Act 2023 that came into effect on 31 August 2023 and 30 May 2024. The amendments aim to improve communities’ ability to influence alcohol regulation in their area by making targeted changes to the alcohol licensing process provided for in the Sale and Supply of Alcohol Act.

From 30 May 2024, DLCs and ARLA are required to consider reasonable requests from parties to attend hearings remotely. There are also changes to how DLC hearings are run. Those changes require that hearings:

• avoid unnecessary formality;
• do not permit cross-examination, or the ability for parties to question other parties or their witnesses – DLCs will test evidence instead;
• allow for tikanga to be incorporated into proceedings; and
• allow evidence to be received in te reo Māori.

Westlaw:

Sale and Supply of Alcohol Act 2012: see [SA5.74A.01], [SA6A.01], [SA79.01], [SA79.02], [SA80.01], [SA81.01], [SA97.01], [SA102.02], [SA128.02], [SA133.02], [SA140.01], [SA202.03], [SA203A.01], [SA203A.02], [SA203A.03], [SA203A.04], [SA203A.05], [SA203A.06], [SA204.01], [SA204.03], [SA204.08], [SA207.20], [SA414.07]

ARLA issued new Penalty Guidelines and Practice Directions in April 2024. These have been included in the commentary.

Westlaw:

Sale and Supply of Alcohol Act 2012: see [SA171.03], [SA172.03]

Please see Sale of Alcohol – What’s New for a complete list of the amended commentary, as well as a list of recent Sale of Alcohol case law added.