| Sale of Liquor FAQs

What follows are some frequently asked questions on the Sale of Liquor Act 1989

What are the acceptable forms of ID for someone purchasing alcohol?

New Zealand Passport
New Zealand Driver's Licence
Overseas Passport
HANZ 18+ photo ID card (18+ card)

What is the meaning of "guardian" under the Care of Children Act 2004, in the context of the Sale of Liquor Act 1989. Sale of Liquor Act sections which refer to a guardian are sections 157, 160 and 163.
The Ministry of Justice advises that the only people who are gaurdians (as defined by both these acts) are:

parents (except fathers who are not in a relationship with the mother and not on the birth certificate - unless appointed by the Court)
testamentary guardians (guardians appointed under a will)

I am organising a work Christmas party at a local bar, where there will be alcohol and non-alcohol beverages available as well as food. Some of the staff attending the function will be under 18 years. What are the legal consequences or liability to me if liquor is supplied by any of the under 18 staff? What are my legal responsibilities?
In this case the liability is with the licensed premises. Because the bar will still be open to the public, this is not considered a private function. You may wish to sit down with the licensed premises and talk through concerns about service to minors. It would pay to find out what if any conditions of the licence may relate to young people being on the premises.

Does ALAC think the purchase age should go back up to 20 or remain at 18?

Please see ALAC's submission on the use and purchase of alcohol by young people (Youth Harm Reduction Bill).

My child is under 18 - can she/he serve alcohol in a restaurant?
Probably Yes - but you would need to check the conditions of the restaurant license. If it has either a "supervised" or an undesignated license then your child can legally serve alcohol on the premises.

Can a supermarket refuse to sell alcohol to a member of a group (who has ID), when there are members of the group present who do not have ID?
Yes the salesperson must have proof of age of all the members of the group and can legally refuse to sell if they are unsure that someone underage may be going to consume the alcohol.

This is known as the party rule.

An adult gave my underage child alcohol, what can I do about it?
If it was in a licensed premise then you may be able to lay a formal complaint with the Police or DLA.

You may wish to talk to the licensed premise first, or discuss the matter directly with your Liquor Licensing Inspector at your City or District Council. Or you can speak with the the Police - ask for Liquor Licensing.

If this was at a private party this may have been legal. However ALAC would encourage you to speak with the party hosts to express your concern and disappointment.

Do I need a liquor licence to sell liqueur chocolates? and what happens if I want to import or manufacture them?

Licence for liqueur chocolates?

The Sale of Liquor Act 1999 & Amendment Act 2004 makes no specific reference to liqueur filled chocolates. The Act states in section 2 that any beverage that is lower than 1.15% alc.vol, is not classified as liquor and no licence is needed to sell such a product.

While the alcohol put into these chocolates may be over the legal definition of liquor, when mixed with the other ingredients, the overall alcohol content will be under the 1.15% alc.vol. The general interpretation is that liqueur chocolates are a food product and sellers do not need a liquor licence to sell them.

Importation

We suggest that any queries about the importing of products containing alcohol be directed to the New Zealand Customs Service. Telephone 0800 428 786 or contact the local customs port in the area where the importer is located.

Local Manufacture

Local manufacturers can contact the Customs on Ph: 0800 428 786 or discuss issues with Excise Licensing Officers in their region. The New Zealand Customs Service website www.customs.govt.nz has information with reference to alcohol. Under the heading ‘manufacturers’, there is information about excise duty, duty free and licensing. This is where all relevant information is held about alcohol.

Is home distilling legal?
It used to be illegal to distill spirits even for personal use in New Zealand. From 1 October 1996, the Customs Act and Regulations were changed to allow home distilling of spirits. Section 7 (b) of the Customs and Excise Act 1996 provides an exemption from the requirement to have a customs licence to distill spirits at home provided they are exclusively for personal use and not for sale to any other person.

At one stage, it was even illegal to own the equipment required to carry out distillation. In New Zealand, this requirement was relaxed in1962 which allowed people to own distilling equipment although it was illegal to use it for distilling spirits.

Is home brewing legal?
In New Zealand, it has always been legal for the home brewing of beer and wine provided it was not sold without a licence. Part 2 of the Sale of Liquor Act sets out the general conditions about liquor licences, or you can check out our liquor licences section.

We want to raffle some gift baskets; can we put alcohol in there without a licence?
The Gambling Act 2003 and its attendant Gambling (Prohibited Property) Regulations 2005 (which came into force on 1st January 2006) state that alcohol as defined under the Sale of Liquor Act 1989, is not allowed to be offered as a reward for, or used to reward a winner of gambling.

I am a gift shop that wants to sell gift baskets that contain bottles of wine, do I need a licence?
Yes you need an off license (see licenses section).

I saw an underage child being given alcohol at a restaurant by his/her parents. Is that legal?
Yes, a guardian or parent can purchase or supply alcohol to their child (under the Sale of Liquor Act).

Can a private club serve alcohol to minors?
Only if parents or guardians purchase the alcohol for them or if it part of a private social gathering - such as a 21st birthday, wedding or similar.

I am sure a liquor outlet is selling alcohol to minors? What can I do about that?
Contact your local District Licensing Agency - at your nearest City or District Council, or the local Police.

NB. Even if the DLA or the Police can take no action on your reports they do collect information on the management of licensed premises and use this when planning monitoring exercises and at the time of license renewals.

I am having a party for my daughter/son, who is under 18 years. Can I serve alcohol at the party?
Yes but ALAC would advise you to consider this very carefully. In general terms we would advise that if you are considering this, then it would be sensible to inform the parents of the invited guests about your intentions - many parents have been annoyed to find that their son/daughter has been served alcohol by another adult.

The Sale of Liquor Act allows alcohol to be served to young people at a private party.

Under the Sale of Liquor Act, generally, if you are under 18, only your parent or legal guardian can buy or supply you with alcohol. The only exception in the legislation is for a 'private social gathering'. Exactly what this means is not defined in the legislation so is open to different interpretations. As a general rule the people coming need a personal invitation, and no money can change hands i.e. if anyone can come then it isn't a private social gathering and alcohol cannot be sold at the event or included in the ticket price.

It is important to note that anyone who sells alcohol can be prosecuted if it can be shown that they knew it was going to be illegally supplied to someone under 18.

More information on hosting parties is available here.