Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Bill
Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Bill
Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Bill
Checking for alerts... Loading...
Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Bill
Government Bill
262—2
As reported from the Justice Committee
Key to symbols used
text inserted
text deleted
Hover your cursor over an amendment for information about that amendment. Download the PDF version to see this information in a form that can be printed out.
Hon Nicole McKee
Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Bill
Government Bill
262—2
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Act 2026.
2 Commencement
(1)
This Act comes into force 6 months after Royal assent.
(2)
However, subpart 3 of Part 1 comes into force on a single date set by Order in Council.
(3)
If subpart 3 of Part 1 has not come into force by 12 months after Royal assent, it comes into force then.
(4)
An Order in Council made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
3 Principal Act
This Act amends the Sale and Supply of Alcohol Act 2012.
Part 1 Amendments to principal Act
Subpart 1—Amendments relating to general licensing process
Restrictions on objections
4 Section 102 amended (Objections to applications)
Replace section 102(1) with:
(1)
A person may object to an application for the grant of a licence only if the person certifies to the licensing committee, in the prescribed form and manner, that the person resides or has an office or a place of business—
(a)
the person resides or has an office or a place of business in the district of the licensing committee to which the application is made; or
(b)
if paragraph (a) does not apply, the person resides or has an office or a place of business within 1 kilometre 3 kilometres of the premises to which the application relates.
5 Section 120 amended (Variation of conditions)
Replace section 120(4) with:
(4)
A person may object to the grant of the application only if the person certifies to the licensing committee, in the prescribed form and manner, that the person resides or has an office or a place of business—
(a)
the person resides or has an office or a place of business in the district of the licensing committee to which the application is made; or
(b)
if paragraph (a) does not apply, the person resides or has an office or a place of business within 1 kilometre 3 kilometres of the premises to which the application relates.
6 Section 128 amended (Objections to renewal)
Replace section 128(1) with:
(1)
A person may object to an application for the renewal of a licence only if the person certifies to the licensing committee, in the prescribed form and manner, that the person resides or has an office or a place of business—
(a)
the person resides or has an office or a place of business in the district of the licensing committee to which the application is made; or
(b)
if paragraph (a) does not apply, the person resides or has an office or a place of business within 1 kilometre 3 kilometres of the premises to which the application relates.
7 Section 140 amended (Objections to applications)
Replace section 140(1) with:
(1)
A person may object to the grant of a special licence only if—
(a)
the secretary of the licensing committee concerned has under section 139(b) required the applicant to give notice of the application for the grant; and
(b)
the person certifies to the licensing committee, in the prescribed form and manner, that the person resides or has an office or a place of business—
(i)
the person resides or has an office or a place of business in the district of the licensing committee to which the application is made; or
(ii)
if subparagraph (i) does not apply, the person resides or has an office or a place of business within 1 kilometre 3 kilometres of the premises to which the application relates.
Right to respond to objections
8 Section 102 amended (Objections to applications)
After section 102(5), insert:
(6)
The applicant may respond to an objection.
(7)
A response to an objection must be in writing and filed with the licensing committee within 15 working days after the applicant receives a copy of the objection under subsection (5).
8A Section 103 amended (Police, Medical Officer of Health, and inspector must inquire into applications)
After section 103(5), insert:
(6)
The applicant may respond to a report.
(7)
A response to a report must be in writing and filed with the licensing committee within 15 working days after the applicant receives a copy of the report under subsection (5).
9 Section 104 amended (Who decides application for licence)
(1)
After section 104(3)(c), insert:
(ca)
any response to an objection and any papers filed in support of the response; and
(2)
After section 104(3)(d), insert:
(da)
any response to a report and any papers filed in support of the response; and
10 Section 120 amended (Variation of conditions)
After section 120(5), insert:
(5A)
The applicant may respond to an objection.
(5B)
A response to an objection must be in writing and filed with the licensing committee within 15 working days after the applicant receives a copy of the objection under section 102(5).
11 Section 128 amended (Objections to renewal)
After section 128(4), insert:
(5)
The applicant may respond to an objection.
(6)
A response to an objection must be in writing and filed with the licensing committee within 15 working days after the applicant receives a copy of the objection under subsection (4).
11A Section 129 replaced (Police, Medical Officer of Health, and inspector must inquire into application)
Replace section 129 with:
129 Police, Medical Officer of Health, and inspector must inquire into application
Section 103 applies, with any necessary modifications, to an application for the renewal of a licence.
12 Section 130 amended (Who decides application for renewal)
(1)
After section 130(3)(c), insert:
(ca)
any response to an objection and any papers filed in support of the response; and
(2)
After section 130(3)(d), insert:
(e)
any response to a report and any papers filed in support of the response.
13 Section 140 amended (Objections to applications)
After section 140(4), insert:
(5)
The applicant may respond to an objection.
(6)
A response to an objection must be in writing and filed with the licensing committee within 15 working days after the applicant receives a copy of the objection under subsection (4).
13A Section 141 amended (Inquiry into applications by Police, inspector, and Medical Officer of Health)
After section 141(6), insert:
(6A)
The applicant may respond to a report.
(6B)
A response to a report must be in writing and filed with the licensing committee within 15 working days after the applicant receives a copy of the report under subsection (6).
14 Section 202 amended (Procedure)
In section 202(3)(b), after “having considered the application”
, insert “and any response to the objection”
.
15 Section 397 amended (Regulations)
In section 397(1)(a), after “the procedure to be followed in respect of applications, objections,”, insert “responses to objections,”.
In section 397(1)(a), replace “applications, objections, and reports to,”
with “applications, objections, responses to objections, reports, and responses to reports to,”
.
Renewal of licences
16 Section 133 replaced (Renewal of licences where relevant local alcohol policy exists)
Replace section 133 with:
133 Renewal of licences where relevant local alcohol policy exists
(1)
In considering whether to renew a licence, the licensing authority or licensing committee concerned must not take into account any inconsistency between a relevant local alcohol policy and—
(a)
the renewal of the licence; or
(b)
the consequences of its renewal.
(2)
The licensing authority or licensing committee concerned may impose particular conditions on any licence it renews if—
(a)
there is any relevant local alcohol policy; and
(b)
it considers that the renewal of the licence, or the consequences of the renewal of the licence, without those conditions imposed on it would be inconsistent with the policy.
Subpart 2—Amendments relating to club licences and on-licences
Clubs without club licence permitted to hold on-licence
17 Section 29 amended (Limitations on holding of on-licences and off-licences by clubs)
In section 29(1), after “an on-licence”
, insert “and a club licence at the same time”
.
18 Section 30 amended (Who can hold club licences)
In section 30, after “club licence”
, insert “(but see section 29(1))”
.
Requirements to supply low-alcohol or similar drinks
19 Section 51 amended (Non-alcoholic drinks to be available)
In section 51, after “non-alcoholic drinks”
, insert “(other than those described in section 52(1)(b) and (c))”
.
20 Section 52 amended (Low-alcohol drinks to be available)
(1)
Replace the heading to section 52 with “Low-alcohol or similar drinks to be available”
.
(2)
Replace section 52(1) with:
(1)
The holder of an on-licence or a club licence must ensure that there is available for sale and consumption on the premises at least 1 of the following:
(a)
alcohol containing not more than 2.5% ethanol by volume at 20°C:
(b)
beer, wine, or mead containing less than 1.15% ethanol by volume at 20°C:
(c)
a potable distillate (for example, whisky, brandy, rum, gin, vodka, or tequila) that contains less than 1.15% of ethanol by volume measured at 20°C and is produced by distillation of fermented liquor, derived from food sources, so as to have the taste, aroma, and other characteristics generally attributable to that particular spirit.
(3)
In section 52(2)(a)(ii), replace “alcohol”
with “a substance”
.
(4)
After section 52(2), insert:
(3)
In this section, beer and mead have the same meanings as in section 58(3).
Extended trading hours during televised significant events
21 New sections 45A to 45G and cross-heading inserted
After section 45, insert:
Televised significant events
45A Purpose
The purpose of sections 45B to 45G is to facilitate extended trading hours (and related adjustments to one-way door restrictions) for some premises—
(a)
for which an on-licence or a club licence is held; and
(b)
in which the licensee intends to televise, and televises, on a particular night, a significant event.
45B Significant event and other terms defined
In section 45A, this section, and sections 45C to 45G,—
night, in relation to licensed premises, means a period all or some of which is outside the permitted trading hours, including morning hours
significant event means an event that is designated as a significant event in regulations made under section 405A
televise, in relation to a significant event, means to show the significant event via a live audiovisual communication—
(a)
in any form, on any basis (for example, subscription to a television channel or service), and using any medium or media (for example, satellite television broadcast, or Internet video streaming); and
(b)
to or for customers or to or for a class of customers.
45C Eligible premises
(1)
Sections 45D to 45F apply to any licensed premises for which an on-licence or a club licence—
(a)
is held, and not suspended or cancelled, immediately before, on, or after the date of commencement of regulations made under section 405A; and
(b)
has not been varied or suspended under section 280 within 12 months before the date on which the licensee gives notice under this section; and
(c)
complies with any regulations made under section 405A.
(2)
However, sections 45D to 45F apply to the premises only if the licensee has given the territorial authority and the Police at least 7 days’ written notice—
(a)
that the licensee intends to televise in the premises on the night of the significant event; and
(b)
of the details of a noise management plan that is, or other arrangements for managing noise levels that are, appropriate to the locality and that the licensee is to have in place during every proposed extension under section 45D to the permitted trading hours; and
(c)
that complies with any regulations made under section 405A.
(3)
The details under subsection (2)(b) must state how the licensee will comply with section 45E(1)(c).
(4)
The notification to the Police must be sent to the constable in charge of the police station nearest to the premises for which the licence is held.
(5)
Sections 45D to 45F cease to apply to the premises if—
(a)
an application for an order under section 280 suspending or cancelling a licence is made on the grounds, expressly stated in the application, that the premises have clearly been conducted in breach, without reasonable excuse, of any of sections 45D to 45F; and
(b)
a copy of the application is sent to, and received by, the licensee.
(6)
A licensee who has given notice under subsection (2) but subsequently decides not to televise in the premises a significant event on the night specified in that notice must, as soon as is reasonably practicable, give notice of the decision to the territorial authority and the constable in charge of the police station nearest the premises for which the licence is held.
(7)
A notice given under subsection (6) must comply with any regulations made under section 405A.
(8)
If notice is given under subsection (6), sections 45D to 45F cease to apply.
45D Trading hours extended
(1)
The licensee has the extension provided in this section to the permitted trading hours, but only if the primary or sole purpose of the premises being open on the night is to allow customers to watch the televised significant event notified by the licensee under section 45C.
(2)
The premises may be open during each significant event televised.
(3)
The premises may open 1 hour before the start of each significant event to be televised.
(4)
However, if the first or only significant event to be televised is to start no more than 2 hours after the end of the last period of permitted trading hours for the premises, the premises may stay open after that period until that significant event starts.
(5)
The premises are required to close for the sale of alcohol 30 minutes after the end of each significant event televised (unless that 30-minute period ends after the start of the 1-hour period under subsection (3) for the next significant event to be televised).
(6)
Sections 255 and 256 make it an offence for a person to whom section 255(1) applies to be found in (and for the licensee or a manager of the premises to allow a person to be on) any part of the premises, if they are on-licence premises used principally or exclusively for the sale, supply, or consumption of alcohol, at any time that—
(a)
is not a time when a special licence applies to the premises; and
(b)
is not between 6 am and the time when the next period of permitted trading hours for the premises begins; and
(c)
is—
(i)
more than 30 minutes after the premises are required to close for the sale of alcohol; or
(ii)
a time when the premises are required to be closed for the sale of alcohol.
Example 1: significant event starts during and finishes outside permitted trading hours
The licensee notifies that a significant event is to be televised at 11 pm.
The last period of permitted trading hours for the premises ends at 11.30 pm.
The premises can be open during the significant event televised, which ends at 12.45 am.
The premises are required to be closed for the sale of alcohol at 1.15 am.
The premises are on-licence premises used mainly or only for the sale, supply, or consumption of alcohol, so no customer can be found in, or allowed to be on, the premises after 1.45 am and before 6.00 am.
Example 2: significant event starts no more than 2 hours outside permitted trading hours
The licensee notifies that a significant event is to be televised at midnight.
The last period of permitted trading hours for the premises ends at 10 pm.
As the significant event is to start no more than 2 hours after 10 pm, the premises can stay open after 10 pm until the significant event starts at or about midnight.
The premises can be open during the significant event televised, which ends at 1.45 am.
The premises are required to close for the sale of alcohol at 2.15 am.
The premises are on-licence premises used mainly or only for the sale, supply, or consumption of alcohol, so no customer can be found in, or allowed to be on, the premises after 2.45 am and before 6.00 am.
Example 3: significant event starts more than 2 hours outside permitted trading hours
The licensee notifies that a significant event is to be televised at 3.45 am.
The last period of permitted trading hours for the premises ends at 5 pm.
The premises can open at 2.45 am (1 hour before the start of the significant event).
The significant event ends at 5.30 am.
The premises are required to close for the sale of alcohol at 6.00 am.
Example 4: successive significant events
The licensee notifies that the following significant events are to be televised:
a significant event to start at 2.00 am:
a significant event to start at 4.45 am:
a significant event to start at 8.00 am.
The last period of permitted trading hours for the premises ends at 12.30 am.
The opening time for permitted trading hours is 8.00 am.
The premises can remain open and sell, supply, and let people consume alcohol on the premises from 12.30 am (the end of the last period of permitted trading hours) until 12.30 am the following day (the end of the last period of permitted trading hours), because—
(a)
the first significant event is to start no more than 2 hours after 12.30 am; and
(b)
premises can open 1 hour before the start of each significant event to be televised; and
(c)
alcohol sales are required to close 30 minutes after the significant event ends, unless that 30-minute period ends after the start of the 1-hour period under paragraph (b); and
(d)
the third significant event starts at the premises’ opening time for permitted trading hours at 8.00 am.
Example 5: non-successive significant events
The licensee notifies that the following significant events are to be televised (but opts not to host the second significant event):
a significant event to start at 2.00 am:
a significant event to start at 4.45 am:
a significant event to start at 8.00 am.
The last period of permitted trading hours for the premises ends at 12.30 am.
The opening time for permitted trading hours is 8.00 am.
As the first significant event is to start no more than 2 hours after the end of the last period of permitted trading hours, the premises can remain open from 12.30 am until the first significant event ends at 3.45 am.
The premises are required to close for the sale of alcohol at 4.15 am.
The premises are on-licence premises used mainly or only for the sale, supply, or consumption of alcohol, so no customers can be found in, or allowed on, the premises after 4.45 am and until 6.00 am.
The premises can open again for the sale of alcohol at 7.00 am (1 hour before the start of the third significant event).
The third significant event ends at 8.45 am, within the premises’ permitted trading hours, so the premises can remain open until 12.30 am (the last period of permitted trading hours) the following day.
45E Effect of extensions (on one-way door restrictions, etc)
(1)
While premises are open under an extension under section 45D,—
(a)
the licensee has, for the purposes of section 247(1), the authority of this Act to do any of the following things:
(i)
sell or supply alcohol on the premises for consumption there; or
(ii)
let people consume alcohol on the premises; and
(b)
sections 46 to 63 and 259(1) require the licensee to comply with all applicable requirements and restrictions imposed by or under this Act, and with every (and, in particular, with the most restrictive relevant applicable) condition subject to which the licence has been issued or renewed, except to the extent that those requirements, restrictions, or conditions are overridden under subsection (4)(a); and
(c)
the licensee must comply with the following conditions:
(i)
open areas cannot be used for any purpose (despite section 12 of the Smokefree Environments and Regulated Products Act 1990):
(ii)
audio equipment (for example, loudspeakers, amplifiers, or audio relay equipment) cannot be used in an open area:
(iii)
bottles or other rubbish cannot be disposed of, or left for collection, in an open area.
(2)
An extension under section 45D—
(a)
must be treated as if it were part of the permitted trading hours (for example, under sections 46(1) and 259(1)(a)) on a day on which alcohol may be sold and supplied; and
(b)
is not (for example, under sections 255(1)(c)(i) and (ii) and 256), while the extension operates, a time when the premises are required to close, or to be closed, for the sale of alcohol.
(3)
Any one-way door restriction (whether imposed on the licence or in a relevant local alcohol policy) applicable to the premises during the permitted trading hours does not operate—
(a)
during the hour before an extension starts under section 45D(3); or
(b)
during an extension under section 45D to the permitted trading hours; or
(c)
an hour after the premises are required under section 45D(5) to close for the sale of alcohol.
(4)
Section 45D and this section—
(a)
override any contrary provisions of this Act, of a relevant local alcohol policy, or of a condition of the licence; and
(b)
do not affect closure of the premises under section 265 or 266 or the operation of subpart 9 of Part 2 (other enforcement provisions) in respect of the premises.
(5)
A person’s use of land must be treated as not contravening section 9 of the Resource Management Act 1991 if—
(a)
it complies with section 45D and the rest of this section; and
(b)
it would comply with section 9 of the Resource Management Act 1991 if it occurred only during permitted trading hours.
(6)
For the purposes of subsection (1)(c), open area has the same meaning as in section 2(1) of the Smokefree Environments and Regulated Products Act 1990.
45F Display of information about extensions
(1)
If sections 45D and 45E apply, under section 45C, to licensed premises, the licensee must display promptly a general statement about how sections 45D and 45E may be, and are to be, used in respect of the premises.
(2)
The statement must be displayed in the same way as section 57(1) or (2) requires display of a statement of all conditions subject to which the licence is issued.
45G Special licences unaffected, and not limiting, but do not apply if notice given
(1)
Sections 45A to 45F and this section do not limit or affect—
(a)
an application for a special licence issued in respect of an event related to a significant event; or
(b)
the operation of a special licence of that kind.
(2)
Section 45C(1) applies to premises even if a special licence is also held for the premises and has been issued in respect of an event related to all or any significant events that the licensee intends to televise in those premises in reliance instead on sections 45D and 45E.
(3)
However, if the holder of the special licence gives notice under section 45C(2) that the licensee intends to televise 1 or more significant events in reliance on sections 45D and 45E,—
(a)
sections 45D to 45F apply to the premises; and
(b)
for the period of the extension provided by section 45D, the special licence does not apply to the premises.
22 Section 259 amended (Failure to comply with certain requirements and restrictions imposed by or under this Act)
In section 259(1)(a), after “sections”
, insert “45F,”
.
23 New section 405A inserted (Significant event regulations)
After section 405, insert:
405A Significant event regulations
(1)
The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
(a)
designating an event as a significant event for the purposes of sections 45A to 45G:
(b)
prescribing forms for giving notice, and the manner in which notice must be given, for matters in sections 45A to 45G that require notice to be given:
(c)
specifying any conditions with which a licence holder or a class of licence holders must comply to operate under sections 45A to 45G, including conditions designed to—
(i)
protect the health and safety of the licence holder’s customers and neighbours, including crowd control measures (for example, the maximum number of customers per square metre that may be permitted on the premises or the maximum number and size of drinks that may be served to each customer) or venue requirements (for example, the required size, layout, or other attributes of the premises):
(ii)
reduce noise and any other nuisances that may affect people residing within 250 metres of the licence holder’s premises:
(iii)
standardise publication of the temporary changes in trading hours:
(iv)
enable the collection of information to evaluate and inform the adjustment of regulations made under this subsection:
(d)
providing for anything that sections 45A to 45G says may or must be provided for by regulations:
(e)
providing for anything incidental that is necessary for carrying out, or giving full effect to, sections 45A to 45G.
(2)
Before making a recommendation, the Minister must be satisfied that the event is likely to—
(a)
bring sporting, cultural, social, economic, or other benefits to New Zealand or New Zealanders; and
(b)
raise New Zealand’s international profile; and
(c)
attract a large number of New Zealanders as participants or spectators.
(3)
The regulations must specify—
(a)
the significant event; and
(b)
when the significant event begins and ends (including overtime contingencies).
(4)
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Subpart 3—Amendments relating to special licences
24 Section 140 amended (Objections to applications)
In section 140(3), replace “section 142”
with “section 142(1)(a)(ii), (b), (c), and (2)”
.
25 Section 142 amended (Criteria for issue of special licences)
(1)
Replace the heading to section 142 with “Determining applications for special licences”
.
(2)
Replace section 142(1) with:
(1)
In deciding whether to issue a special licence, a licensing committee must,—
(a)
in accordance with regulations,—
(i)
assess and classify the risk of alcohol-related harm that would arise from issuing the licence; and
(ii)
have regard to that risk and any other matters prescribed by regulations; and
(b)
have regard to the object of this Act; and
(c)
have regard to any matters dealt with in any report from the Police, the Medical Officer of Health, or an inspector made under section 141.
26 New section 142A inserted (Consultation required between licensing committees for groups of interconnected events across districts)
After section 142, insert:
142A Consultation required between licensing committees for groups of interconnected events across districts
(1)
This section applies if 2 or more licensing committees each receive an application for a special licence that indicates that—
(a)
the application is for an event that is part of the same group of interconnected events; and
(b)
1 or more of those events will take place in each of the licensing committees’ districts.
(2)
The licensing committees must consult each other for the purpose of supporting, to the extent that is reasonably practicable, a consistent approach to decisions about—
(a)
the assessment and classification of the risk of alcohol-related harm that would arise from issuing the licences; and
(b)
whether to issue the licences; and
(c)
the conditions (if any) subject to which the licences are issued.
27 Section 143 amended (Additional requirements for large-scale events)
In section 143(2), replace “section 142(1)”
with “section 142(1)(a)(ii), (b), and (c)”
.
28 Section 144 amended (Licensing committee may refuse special licence of own motion)
In section 144, replace “section 142”
with “section 142(1)(a)(ii), (b), or (c)”
.
29 Section 146 replaced (Conditions may be imposed if required by local alcohol policy)
Replace section 146 with:
146 Conditions that may be imposed on special licences
A licensing committee may issue a special licence subject to particular conditions only if—
(a)
the conditions are permitted or required by regulations; or
(b)
in the committee’s opinion, the granting of the licence, or the consequences of granting the licence, without those conditions would be inconsistent with any relevant local alcohol policy.
30 Section 147 repealed (Particular discretionary conditions and compulsory conditions: special licences)
Repeal section 147.
31 Section 283 amended (Variation, suspension, or cancellation of special licences)
In section 283(1)(a), replace “(relating to any matters specified in section 147)”
with “provided for in section 146”
.
32 Section 284 amended (Hearing for variation, suspension, or cancellation of special licences under section 283)
In section 284(1)(b), replace “(relating to any matter specified in section 147)”
with “provided for in section 146”
.
33 Section 397 amended (Regulations)
(1)
After section 397(1)(a), insert:
(aa)
prescribing matters that a licensing committee must or must not have regard to in deciding whether to issue a special licence:
(ab)
prescribing criteria that a licensing committee must use to assess and classify the risk of alcohol-related harm arising from issuing a special licence:
(ac)
requiring a licensing committee to issue a special licence if the risk is of a particular classification (unless doing so would be contrary to section 145):
(ad)
prohibiting a licensing committee from issuing a special licence if the risk is of a particular classification:
(ae)
requiring or permitting a licensing committee to impose particular conditions on the issue of a special licence (including by reference to the classification of risk):
(2)
After section 397(1), insert:
(1A)
Before recommending the making of regulations of a kind described in subsection (1)(aa) to (ae), the Minister must, to the extent that is reasonably practicable having regard to the circumstances of the particular case, consult the persons the Minister has reason to believe are representative of interests likely to be substantially affected by the regulations.
Subpart 4—Other amendments
Producer tasting rooms permitted to sell alcohol samples and hold off-licence
34 Section 5 amended (Interpretation)
(1)
In section 5(1), repeal the definition of winery cellar door.
(2)
In section 5(1), insert in its appropriate alphabetical order:
producer tasting room means retail premises operated by a person for the purposes of selling alcohol that is made by or on behalf of that person—
(a)
on those retail premises; or
(b)
from produce harvested from land occupied by that person
35 Section 17 amended (Off-licences: sale and supply on licensed premises)
(1)
In section 17(2)(b)(i), replace “winery cellar door”
with “producer tasting room”
.
(2)
Replace section 17(2)(b)(ii) and (iii) with:
(ii)
the alcohol sample is—
(A)
wine or mead; or
(B)
beer; or
(C)
spirit or liqueur; or
(D)
any other alcohol specified in regulations; and
(iii)
each sample contains,—
(A)
in the case of wine or mead, no more than 35 millilitres of that alcohol:
(B)
in the case of beer, no more than 50 millilitres of that alcohol:
(C)
in the case of spirit or liqueur, no more than 10 millilitres of that alcohol:
(D)
in the case of any other alcohol specified in regulations, no more than the limit specified in those regulations for that alcohol.
(3)
After section 17(2), insert:
(3)
In this section, beer and mead have the same meanings as in section 58(3).
36 Section 32 amended (Kinds of premises for which off-licences may be issued)
In section 32(1)(g), replace “winery cellar door.”
with “producer tasting room; or”
.
36A Section 48 replaced (Sale on Anzac Day morning, Good Friday, Easter Sunday, and Christmas Day restricted: off-licences)
Replace section 48 with:
48 Sale on Anzac Day morning, Good Friday, Easter Sunday, and Christmas Day restricted: off-licences
The holder of an off-licence must ensure that no alcohol is sold on or delivered from the premises on Good Friday, Easter Sunday, or Christmas Day, or before 1 pm on Anzac Day, unless—
(a)
the premises are a producer tasting room; and
(b)
the alcohol is made, by or on behalf of the person operating the producer room,—
(i)
on the premises; or
(ii)
from produce harvested from land occupied by the person.
37 Section 62A amended (Snack food to be available when samples sold from winery cellar doors)
(1)
In the heading to section 62A, replace “winery cellar doors”
with “producer tasting rooms”
.
(2)
In section 62A(1) and (2), replace “winery cellar door”
with “producer tasting room”
in each place.
(3)
In section 62A(1)(b) and (2), replace “grape wine”
with “alcohol”
.
(4)
In section 62A(3), repeal the definition of grape wine.
Hairdressing shops permitted to supply alcohol in certain circumstances
38 New section 12A inserted (Hairdressing shops exempted if certain conditions met)
After section 12, insert:
12A Hairdressing shops exempted if certain conditions met
(1)
A person may supply free a single serving of qualifying alcohol per day to any customer of a hairdressing shop without a licence if the following conditions are met:
(a)
a person who is not intoxicated or a minor is on duty at the hairdressing shop when the alcohol is supplied:
(b)
the full name of the person on duty is displayed prominently inside the hairdressing shop:
(c)
the person supplying the alcohol (if different from the person on duty) is not intoxicated or a minor:
(d)
the alcohol is supplied for consumption in the hairdressing shop:
(e)
the customer is not intoxicated or a minor:
(f)
drinking water is made freely available to the customer:
(g)
the alcohol is supplied between 9 am and 9 pm.
(2)
A person who is on duty for the purposes of subsection (1)(a) commits an offence if they—
(a)
supply alcohol in the hairdressing shop in breach of subsection (1); or
(b)
allow a person to supply alcohol in the hairdressing shop in breach of subsection (1).
(3)
A person on duty who commits an offence against this section is liable to a fine not exceeding $1,000.
(4)
In this section,—
customer, in relation to a hairdressing shop, means a person who is in the hairdressing shop for the purpose of receiving hairdressing services
hairdressing means the cutting, styling, dyeing, shaving, or other similar treatment of the hair or beard of a person
hairdressing shop means a premises where hairdressing is the primary business or practice on the premises
serving of qualifying alcohol means no more than—
(a)
150 millilitres of mead or wine; or
(b)
330 millilitres of beer; or
(c)
30 millilitres of spirits.
39 Section 260 amended (Infringement offences)
In section 260, definition of infringement offence, paragraph (a), after “any of sections”
, insert “12A,”
.
Certain restaurants permitted to hold off-licence
40 Section 32 amended (Kinds of premises for which off-licences may be issued)
After section 32(1)(g), insert:
(h)
if—
(i)
an on-licence is held for the premises for which it is to be issued; and
(ii)
the premises are (in the opinion of the licensing authority or licensing committee concerned) a restaurant that includes retail premises from which food or non-alcoholic drinks prepared on the premises are sold, for consumption somewhere else.
Requirements relating to rapid delivery of alcohol
41 New section 59A inserted (Requirements relating to rapid delivery of alcohol sold by remote sale)
After section 59, insert:
59A Requirements relating to rapid delivery of alcohol sold by remote sale
(1)
A person that provides a rapid delivery service must ensure that any person who is delivering alcohol as part of that service is not a minor.
(2)
A person delivering alcohol as part of a rapid delivery service may only deliver the alcohol if—
(a)
a person is present to receive the alcohol; and
(b)
the person receiving the alcohol is—
(i)
not a minor; and
(ii)
not intoxicated.
(3)
In this section, rapid delivery service means a service by which a product sold by remote sale is delivered or attempted to be delivered to the buyer’s chosen address within 2 hours after that product is sold.
42 Section 259 amended (Failure to comply with certain requirements and restrictions imposed by or under this Act)
In section 259(1)(a), replace “46 to 63,”
with “46 to 59, 60 to 63,”
.
Display of non-alcoholic beverages in supermarkets and grocery stores
43 Section 114 amended (Effect of single-area conditions)
(1)
Replace section 114(4A) with:
(4A)
The effect of a single-area condition set out in subsections (1) to (4) does not apply in relation to the display or promotion of, or the advertisement for, the following:
(a)
non-alcoholic beer, wine, or mead:
(b)
a potable distillate (for example, whisky, brandy, rum, gin, vodka, or tequila) that—
(i)
is produced by distillation of fermented liquor derived from food sources, so as to have the taste, aroma, and other characteristics generally attributable to that particular spirit; and
(ii)
contains less than 1.15% of ethanol by volume measured at 20°C; and
(iii)
complies with any standard for that kind of beverage that is for the time being in force under the Food Act 2014:
(c)
a beverage that—
(i)
is produced by flavouring or mixing alcohol or a beverage specified in paragraph (a) or (b) with other foods or beverages; and
(ii)
contains less than 1.15% ethanol by volume measured at 20°C; and
(iii)
complies with any standard for that kind of beverage that is for the time being in force under the Food Act 2014.
(2)
In section 114(5)(d), delete “low alcohol or”
.
Part 2 Transitional amendments
44 Schedule 1AA amended
In Schedule 1AA,—
(a)
insert the Part set out in the Schedule of this Act as the last Part; and
(b)
make all necessary consequential amendments.
Schedule New Part 3 inserted into Schedule 1AA
s 44
Part 3 Provisions relating to Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Act 2026
3 Transitional arrangements for pre-commencement applications
(1)
A pre-commencement application must be determined as if the Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Act 2026 had not been enacted.
(2)
In this clause, pre-commencement application means—
(a)
any of the following applications filed with a licensing committee before the commencement of subpart 1 of Part 1 of the Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Act 2026:
(i)
an application for the grant of an on-licence, off-licence, or club licence under section 99:
(ii)
an application to vary or cancel any condition of an on-licence, off-licence, or club licence under section 120:
(iii)
an application for the renewal of an on-licence, off-licence, or club licence under section 127:
(b)
an application for the grant of a special licence under section 137 filed with a licensing committee before the commencement of subpart 3 of Part 1 of the Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Act 2026.
Legislative history
16 March 2026 |
Introduction (Bill 262–1) |
|
2 April 2026 |
First reading and referral to Justice Committee |
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Bill
Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Bill
More
Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Bill
RSS feed link copied, you can now paste this link into your feed reader.
Commentary
Recommendation
The Justice Committee has examined the Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Bill and recommends by majority that it be passed. We recommend all amendments unanimously.
Introduction
The bill states that it aims to improve alcohol regulation and make it easier to do business, while maintaining protections that minimise harm from excessive and inappropriate consumption of alcohol. It would do so by amending the Sale and Supply of Alcohol Act 2012.
The bill proposes to:
place restrictions on who may object to licence-related applications
allow licence applicants a right of reply to objectors
prevent a district licensing committee or authority from declining a renewal application because the licence is inconsistent with local alcohol policy
allow club and on-licence premises to stock zero-alcohol drinks instead of or alongside low alcohol options
enable licensed supermarkets and grocery stores to display and promote zero-alcohol spirits, liqueurs, and ready-to-drink mixed drinks alongside alcohol products
enable premises similar to wineries, such as breweries, meaderies, and distilleries, to hold both an on-licence and an off-licence and to charge for samples
streamline special licensing for events
clarify responsibilities for rapid delivery services
allow hairdressers and barbers to supply small amounts of alcohol to customers without a licence
enable restaurants to apply for an off-licence in addition to an on-licence if they prepare food products on the premises and sell them from retail sites at the same premises for consumption elsewhere.
Proposed amendments
This commentary covers the main amendments we recommend to the bill as introduced. We do not discuss minor or technical amendments.
Allowable distance for objections to licensed premises
Clauses 4–7 would amend the Act by providing for limitations on how a person may object to an application for an alcohol licence. As introduced, these clauses specify that a person may only object to an application if the person resides or has an office or place of business:
in the district of the licensing committee to which the application is made; or
within 1 kilometre of the premises to which the application relates.
We note that the intent of these restrictions is to ensure that objections to new licence applications and renewals come from local communities. Given that territorial authorities are already responsible for most aspects of alcohol regulation, some of us think it is reasonable to use the boundaries of a territorial authority as a proxy for a local community.
Regarding those outside the territorial boundary, many submitters pointed out that preventing objections from people who live or work just beyond 1 kilometre from the premises concerned could exclude people who still have a genuine interest in the application. We agree and recommend extending the allowable distance from the premises to 3 kilometres by amending proposed sections 102(1), 120(4), 128(1), and 140(1)(b). We think this would strike a balance between the policy intent of ensuring objections come from local communities and addressing concerns that a legitimate objector could be shut out of the licensing process because of the proposed 1km limitation.
We also recommend amending these sections to make it clearer that the distance from the licensed premises is only relevant for objectors who live or work outside the territorial authority’s boundary.
Right of reply regarding applications
Clauses 8–15 would amend the Act to permit an applicant to respond to an objection made to their application within 15 working days after receiving a copy of the objection. During our consideration of the bill, we discussed whether an applicant’s right of reply should also enable them to respond to reports from the Police and Medical Officers of Health.
We were advised that some district licensing committees already invite applicants to respond to all objections or issues raised, including matters in reports from the Police, Medical Officers of Health, and inspectors. However, this is not a consistent approach by all committees. For consistency, we recommend inserting new clauses 8A, 11A, and 13A to make it clear that the right of reply for applicants also applies to responding to reports from the Police, Medical Officers of Health, and inspectors.
We also recommend making consequential amendments to sections 104, 130, and 397.
Producer tasting rooms and restricted trading days
Clauses 34–37 would amend the Act to allow producer tasting rooms to sell alcohol samples and hold an off-licence. Clause 34 would repeal the definition of “winery cellar door” and insert a definition for “producer tasting room”. A “producer tasting room” would mean retail premises operated by a person to sell alcohol that is made by or on behalf of that person on those premises or from produce harvested from land occupied by that person.
Section 48 of the Act restricts the sale or delivery of alcohol by a holder of an off-licence on Anzac Day morning, Good Friday, Easter Sunday, and Christmas Day. An exemption applies to wine made on the premises or from produce harvested from land on which the premises are located. We note that the bill does not amend section 48 by including an exemption for a producer tasting room.
For consistency, we recommend amending the bill to enable producer tasting rooms to sell their product on restricted trading days. Our proposed amendment would insert clause 36A to replace section 48. This would broaden the exemption for a wine producer to a producer tasting room.
Exemption for hairdresser or barber
Clause 38 would insert section 12A to allow a person to supply a single serving of alcohol to a customer of a hairdressing or barber shop without a licence if certain conditions are met. We note that the bill as introduced states that a “person may supply a single serving of qualifying alcohol”. We are aware that the policy intent is to enable alcohol to be supplied to customers, not sold. We think that the bill should make this distinction clear and recommend amending proposed section 12A to provide that the alcohol must be supplied for free. This amendment would also make the bill consistent with other parts of the Act. For example, section 17 specifies that off-licences may supply samples of alcohol for free.
New Zealand Labour Party differing view
The Labour Party does not support this bill as it reverses changes introduced under the previous Government by placing restrictions on who may object to licence-related applications, even when the objections are relevant considerations that would reduce alcohol harm.
The select committee has clarified the geographic limits implemented by this bill and extended the geographic area where objections can be made, which are improvements on the original bill. However, we consider that these geographical restrictions remain arbitrary and are still likely to exclude people with a genuine connection to the community from raising legitimate concerns.
Additionally, this bill limits the impact of local alcohol policies implemented by local communities. It does this by allowing district licensing committees to approve a renewal application even when it is inconsistent with local alcohol policy.
Alcohol is already readily accessible and available in New Zealand and is responsible for a significant harm for New Zealand families.
Further liberalisation of alcohol laws and regulations is not necessary and is likely to increase alcohol harm, rather than decrease it. We note that one of the objectives of the primary legislation is to minimise the harm caused by the excessive or inappropriate consumption of alcohol. These changes appear inconsistent with this primary objective.
We are supportive of the changes to ensure rapid alcohol deliveries are undertaken responsibly and in accordance with the law, and the changes to allow the promotion of zero-alcohol drinks in place of low-alcohol options as these changes appear consistent with the objective of reducing alcohol harm.
Green Party of Aotearoa New Zealand differing view
The Green Party does not support the Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Bill. We have seen the current coalition Government create an Aotearoa where profits are valued more than the safety of our people. In fact, the only drug law reform the current Government has prioritised is making it easier to purchase alcohol. We need sensible alcohol and drug laws to build safer communities.
The bill makes alcohol more available and easier to access in a broader range of settings, including hairdressers and barbers, and by allowing certain restaurants to sell alcohol for customers to take home. It also makes it nearly impossible to reduce the proliferation of alcohol outlets in a community by removing the ability to decline a licence renewal because it is inconsistent with a local alcohol policy.
The evidence consistently shows that a reduction in alcohol availability results in less alcohol-related harm. Yet successive governments have failed to enact well-known, evidence-based measures to reduce overall alcohol-related harm and inequities, including reducing the availability and accessibility of alcohol, restricting alcohol marketing, and increasing the price of alcohol.
This bill prioritises profit over community wellbeing and will take Aotearoa a further step backwards in minimising alcohol harm.
The Green Party opposes the following amendments to the bill and supports calls from community advocates for an overhaul of the bill to prioritise alcohol harm reduction.
The Green Party Opposes:
Applicants’ right to respond to objections
Restrictions on objections: narrowing objections to residents or workers within the territorial authority or within 1 km
Local alcohol policies and renewal of licences: removing the ability for licensing committees to make decisions on licence renewals that reflect the relevant Local Alcohol Policy (LAP), thereby maintaining local authority over licensing decisions
Clubs applying for on-licences: permitting clubs to hold an on-licence
Restaurants with retail sales: allowing certain restaurants to hold both an on-licence and an off-licence
Streamlining special licences, including fast-tracking special licences
Extended trading hours for major televised events: allowing exemptions from special licence requirements for major televised events
Alcohol service in hairdressing settings: permitting hairdressers and barbers to serve alcohol despite safety and enforcement concerns.
Conclusion
Alcohol harm costs an estimated $9.1 billion annually, and this drug features significantly in emergency service callouts, often involving violence and aggression. This bill is a missed opportunity to make our country safer by reducing alcohol-related harm. The Minister has been crystal clear that the aim of this bill is to reduce “regulatory burden”, not to reduce harm. In 2023, alcohol-related harm was estimated to have cost New Zealand $9.1 billion. These harms include crime, misuse and addiction; non-communicable diseases such as cancer, pancreatitis, diabetes, cardiovascular and liver disease, and foetal alcohol spectrum disorder; as well as lost productivity, ACC costs, and unemployment. Overall, this bill will increase the availability of alcohol in our communities, including through off-licences, which are associated with the greatest alcohol-related harm. We should be reducing alcohol-related harm, not promoting alcohol consumption in pursuit of economic growth, which is also stated to be one of the objectives of this law.
The Green Party will continue to listen to communities and public health experts, who have been on the front lines and calling on politicians to act for decades. The Green Party is committed to overhauling the Sale and Supply of Alcohol Act to prioritise drug harm reduction. The Law Commission told the House in 2010, as it did regarding the Misuse of Drugs Act in 2012: “When are we, as a Government, willing to do the logical and consistent thing and regulate alcohol for drug harm reduction?”. The Green Party has always supported, and will always support, sensible, evidence-based approaches to drug harm minimisation, and Parliament needs to have the courage to do the same.
It is past time to overhaul our drug laws and replace them with an evidence-based approach that prioritises the health of people, not profits.
Appendix
Committee process
The Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Bill was referred to this committee on 2 April 2026. We called for submissions on the bill with a closing date of 14 May 2026. We received and considered submissions from 243 interested groups and individuals. We heard oral evidence from 62 submitters.
As part of our consideration of the bill, we have examined its consistency with principles of legislative quality. We have no issues regarding the legislation’s design to bring to the attention of the House.
Advice on the bill was provided by the Ministry of Justice. The Office of the Clerk provided advice on the bill’s legislative quality. The Parliamentary Counsel Office assisted with legal drafting.
Committee membership
Tom Rutherford (Chairperson from 2 July 2026)
Hon Andrew Bayly (Chairperson and member until 1 July 2026)
Jamie Arbuckle
Carl Bates
Camilla Belich
Tākuta Ferris
Paulo Garcia (from 1 July 2026)
Rima Nakhle
Dan Rosewarne
Todd Stephenson
Hon Dr Duncan Webb
Dr Lawrence Xu-Nan
Related resources
The documents we received as advice and evidence are available on the Parliament website.