2.2.1 Legal requirements for Step 2: what the Act says
Who can make decisions on applications?
A district licensing committee (DLC) may decide any application for a licence (s 104), renewal (s 130) or manager’s certificate (s 221). With the leave of the chair of ARLA the DLC may refer an application to ARLA for a decision. The DLC must give ARLA the complete file for any application to be decided by ARLA (ss 104, 130 and 221).
The chair may form a quorum of one where there is no agency opposition or public objection, to make decisions on applications for a (s 191):
- licence or renewal of a licence (s 134)
- manager’s certificate or renewal of a manager’s certificate
- temporary authorities (s 134)
Considerations when making a decision on an application
In deciding whether to issue a licence or a manager’s certificate the DLC must have regard to the criteria set out in the following sections:
- New licences (ss 105 and 106)
- Renewals (s 131)
- Special licences (s 142)
- Manager’s certificates (ss 222 and 227)
What the decision must cover
The decision of the DLC (or ARLA) on an application must be given in writing and must meet the criteria of (s 211) The decision must include:
- the reasons for the decision
- what reports on the application were received
- the attitude towards the application of every report (in general terms only ie, opposed or unopposed).
Who must receive a copy of the decision?
Under (s 211) the DLC must give a copy of the decision to:
- the applicant
- each objector who appeared at the hearing
- any other objector who requests a copy
- the Police, the inspector and the Medical Officer of Health.
The information contained in this online guide is intended as a general guide.
While reasonable measures have been taken to ensure that the information is current and accurate as at October 2019, the Health Promotion Agency cannot accept any liability for any inaccuracy, omission or deficiency in relation to the information. It is not legal advice and you should not rely on anything contained in this guide in any legal proceedings. The information provided does not replace or alter the laws of New Zealand, and you should consult the legislation and obtain your own legal and professional advice, as appropriate. The Health Promotion Agency will not accept liability for any action taken in reliance on anything contained in this online guide.