2.6.1 Legal requirements for Step 6: what the Act says
Who may appeal?
Any party involved in the hearing has the right to appeal to the Alcohol Regulatory and Licensing Authority (ARLA) if they are dissatisfied with the decision or any part of the decision (s 154).
Procedures for appeal
An appeal must be lodged with ARLA within 10 working days after the district licensing committee (DLC) decision is supplied to the aggrieved party, although ARLA may extend this time period where there is reasonable cause for failure to meet the deadline (ss 155(1) and (2)).
The notice of appeal must be in writing, be sent to the secretary of ARLA, and specify the grounds for appeal in sufficient detail to fully inform ARLA and the parties of the issues in the appeal (s 155(3)).
The appellant must provide a notice of appeal to the secretary of the DLC and to the other parties to the DLC hearing (s 153(5)).
As soon as possible after receiving the notice of appeal the DLC secretary must send the ARLA secretary any relevant information or exhibits relating to the case, as well as a copy of the decision (s 155(6)). This will comprise a copy of the complete DLC file. It will assist the Authority and the parties to the appeal, if it is:
- Chronological – that is to say, it starts with the complete Agenda papers (application, supporting papers, agency reports, objections, pre-hearing matters), followed by opening submissions, statements of evidence, exhibits, closing submissions, and a transcription of the hearing.
- Documents produced to the DLC in colour should be transmitted to ARLA in colour.
- Where there is a full transcription of the hearing it is not necessary for Members’ personal notes taken during the hearing to be transmitted to ARLA, but where there are gaps in the transcription this is most important.
- As DLC deliberations are conducted in private it is not appropriate to send to ARLA the notes of the Members’ deliberations.
ARLA will also require a typed transcript of the hearing and the notes (if any) of the committee members.
Appeals to higher courts
If the application was first considered by a DLC, the first appeal right is to ARLA. ARLA decisions can be appealed to the High Court and then, if leave is granted, to the Court of Appeal.
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.