Christmas, New Premises, And Legislation Updates
- Created: Wednesday, 11 December 2013 03:50
With Christmas and the promise of a warm summer break beckoning, this edition of Legal Landscape rounds out 2013 with a snapshot of the latest happenings:
Christmas Closedown Period
Please note that our offices will be closed from 5pm Friday 20 December 2013, fully reopening on Monday 20 January 2014.
Should you need assistance over this period please call our Auckland office on 09 379 9350.
Auckland City Office Move
After almost 30 years on Victoria Street West, the Auckland City office has moved. We are now (over the road) on Level 9 Tower One, 205 Queen Street, Auckland. Our phone and email contact details remain the same.
Local Government Act 2002 Amendment Bill (No 3)
This Bill passed its First Reading on 3 December 2013, and has been referred to the Local Government and Environment Committee. We recently provided a summary of this Bill, and reported further on its proposed amendments to the development contributions regime and the intended rollout of the local board governance model.
Submissions on the Bill close 14 February 2014. The Committee's report is due on or before 12 May 2014.
Local Government (Financial Reporting) Amendment Regulations 2013
These regulations come into force on 1 February 2014. They:
- Amend the Local Government (Financial Reporting) Regulations 2011;
- Apply to financial statements in local authority annual reports for the period 1 July 2013 to 20 June 2014; and
- Require those financial statements to disclose, in relation to certain core infrastructure assets, a standard set of balance sheet information.
Building Amendment Act 2013
The Building Amendment Act 2013 received royal assent on 27 November 2013. It is the result of a comprehensive review of the Building Act 2004. We reported previously on this Act when it was the Building Amendment Bill (No.4).
This Amendment Act is part of a package of changes introducing new measures to improve the building and construction sector, ensuring that it delivers good quality, affordable homes and buildings, and contributes to a prosperous economy.
Most of the amendments take effect immediately and others (including most importantly the new Part 4A Consumer rights and remedies in relation to residential building work) will come into force on a date appointed by the Governor-General by Order in Council.
Sale and Supply of Alcohol Act 2012 (SSAA)
Legislation reforming New Zealand's alcohol laws was passed by Parliament in December 2012. The reforms are socially driven with aims to improve drinking culture and reduce the harm caused by excessive drinking. The SSAA replaces the Sale of Liquor Act 1989 and has been taking effect in stages. It comes into full force on 18 December 2013.
Of particular note is that maximum trading hours will be introduced for all licensed premises nationwide. On-licences can only trade between 8am-4am, and off-licences between 7am-11pm. Premises that currently open for longer will have to comply with the new maximum trading hours. Premises with shorter hours will continue to operate to the hours of their current licence.
Sale and Supply of Alcohol Regulations 2013
Coming into force on 18 December 2013, these regulations prescribe the forms, matters that must be recorded or notified, how public notice of different matters must be given, what qualifications managers must have, and what kinds of document can be used as an evidence of age document, and how it is to be determined whether or not premises are a grocery store?
Sale and Supply of Alcohol (Fee-setting Bylaws) Order 2013
This Order comes into force on 18 December 2013. It authorises territorial authorities (TAs) to make bylaws setting the fees payable in respect of the functions of their licensing committees, and the inspection and enforcement functions of TAs under the SSAA.
Any bylaws made must be consistent with the SSAA and any regulations made under it (the most relevant of which will be the Sale and Supply of Alcohol (Fees) Regulations 2013).
Sale and Supply of Alcohol (Fees) Regulations 2013
These regulations come into force on 18 December 2013 and set out the fees payable to TAs and the Alcohol Regulatory and Licensing Authority (ARLA) to ensure that, so far as is practicable, their costs relating to licensing and other matters under the SSAA are recovered.
The SSAA allows for the introduction of a cost/risk based fees system. Alongside covering the costs associated with liquor licensing, the system aims to incentivise licensees to improve their practices to reduce costs and reduce risk of alcohol-related harm.
The cost/risk rating assigned to premises is based on:
- The type/class of premises as set down and defined in these regulations;
- Licensed hours; and
- Number of enforcement holdings (findings) (defined in section 288 of the SSAA) in the last 18 months.
The cost/risk rating of premises determines its application fee and annual fees.
Under the Order, TAs may (by bylaw) set fees different to those prescribed by these regulations.
Local Electoral Amendment Act (No 2) 2013
This Amendment Act extends the duty in section 138 of the Local Electoral Act 2001 to take action on offences relating to electoral advertising under the Act. Royal assent was received on 4 December 2013, with the amendments taking effect on 5 December 2013.
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The contents of this publication are general in nature and are not intended to serve as a substitute for legal advice on a specific matter. In the absence of such advice no responsibility is accepted by Brookfields for reliance on any of the information provided in this publication.
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