ALCOhOL IN OUR LIvES

296 Pages·2009·5.37 MB·English

July 2009, Wellington, New Zealand | I S S U E S P A P E R 1 5
A L C O h O L I N O U R L I v E S
A N I S S U E S P A P E R O N t h E R E f O R M
O f N E W Z E A L A N d ’ S L I q U O R L A W S
ISSUES PAPER 15 ALCOhOL IN OUR LIvES LAW CCOOMMMMISISISOINON
July 2009, wellington, new Zealand | i s s u e s p A p e r 1 5
Alcohol in our lives
An issues pAper on the reform
of new ZeAlAnd’s liquor lAws
The Law Commission is an independent, National Library of New Zealand
publicly funded, central advisory body Cataloguing-in-Publication Data
established by statute to undertake
Alcohol in our lives : an issues paper on
the systematic review, reform and
the reform of New Zealand’s liquor laws.
development of the law of New Zealand.
(Issues paper ; 15)
Its purpose is to help achieve law that is
ISBN 978-1-877316-72-2 (pbk.)—
just, principled, and accessible, and that
ISBN 978-1-877316-73-9 (online)
refects the heritage and aspirations of
the peoples of New Zealand. 1. New Zealand. Sale of Liquor Act 1989. 2.
Liquor laws—New Zealand. I.
The Commissioners are: New Zealand. Law Commission. II. Series:
Issues paper (New Zealand. Law Commission) ;
Right Honourable Sir Geoffrey Palmer SC
15. 344.930541—dc 22
– President
Dr Warren Young – Deputy President
ISSN 1177-2862 (Print)
Emeritus Professor John Burrows QC ISSN 1177-7877 (Online)
George Tanner QC ISBN 978-1-877316-72-2 (Print)
Val Sim ISBN 978-1-877316-73-9 (Online)
The General Manager of the This paper may be cited as NZLC IP15
Law Commission is Brigid Corcoran This paper is available on the Commission’s
website: www.lawcom.govt.nz
The offce of the Law Commission is at
Level 19, HP Tower, Cover photo: A young man sleeps on a park
171 Featherston Street, Wellington bench on Oxford Terrace, Christchurch over
Postal address: PO Box 2590, the road from ‘The Strip’ in the early hours
Wellington 6140, New Zealand of Sunday morning after the Crusaders versus
Document Exchange Number: sp 23534 Bull’s rugby semi-fnal. (Peter Meecham,
Telephone: [phone] The Press, Christchurch, 21 May 2006).
Facsimile: [phone]
Media acknowledgement: Thanks to Fairfax
Email:
Foreword
The Law Commission project to review the a serious source of social problems in
law on the sale and supply of liquor aims to New Zealand. New Zealand Police have
examine the whole scene from top-to-toe demonstrated, through research based on
for the frst time since Sir George Laking their Alco-link data, that a disproportionate
and his committee reported in 1986. use of police resources are required to clean
up scenes of disorder, offending, and saving
It took until 1989 for the recommendations
intoxicated people from themselves.
of the Laking committee to be examined,
modifed and enacted. As the Minister This issues paper is designed to paint
of Justice at that time, with the lead a picture of how liquor is used in
responsibility for designing, introducing New Zealand now. The picture has in part
and passing the Sale of Liquor Act 1989, been constructed by using some of the
it is a fascinating experience for me to techniques of participant observation.
examine the issues afresh after 20 years. In 17 locations members of the Law
Geoffrey Palmer, President Commission team have been out at night
There have been such profound changes
in various parts of New Zealand to observe
over the intervening period that in liquor
the scenes that the police deal with.
terms New Zealand is now another country.
Most New Zealanders never become aware
The law passed in 1989 was further
of these scenes because they are tucked up
liberalised following a review conducted
in bed and councils clean up the mess before
by Sir John Robertson and his committee.
they wake up. The police are left to shoulder
Beer went into supermarkets. The age
the unpleasant burdens of these excesses.
of purchase was reduced from 20 to 18.
The dedicated doctors and nurses who staff
Sunday trading was extended.
our emergency facilities at the hospitals also
What the current Law Commission’s review see frst hand the damage that is wrought.
has found so far is that liquor has become And they have to deal with it.
iii
Research that has been done since 1986 The use of alcohol will continue in Our frst report on liquor was tabled in
demonstrates beyond doubt that alcohol New Zealand without question. Keeping its Parliament in May 2009. It suggested that
is no ordinary commodity. It is a drug. baleful infuences in check must be the aim it would be preferable for alcohol Bills to
be voted on in Parliament on the basis of
It needs to be treated with caution and of the law. It is a question of balance.
standard party based voting rather than
controlled by the law. Used to excess,
The Law Commission is not trying to bring
the conscience vote.
alcohol is a potent producer of serious
about some return to ‘wowserism’ that
health hazards. Private choices to consume
was once such a factor in fashioning our
alcohol excessively have important and
liquor laws. Nevertheless, in the view of
costly public consequences.
the Law Commission, the time has come
to consider revising the policy settings to
Indeed, the costs that the excess use of
reduce the excesses and curb the harm.
alcohol imposes on society through law
and order costs, health costs, accident
This paper aims to outline the problems that
Geoffrey Palmer
compensation costs and individual harm costs
our research has disclosed. The paper also President
are high. Not everyone drinks in a manner
outlines the range of options that appear July 2009
that is harmful. But the consequences of
to be available to deal with the problem
harmful drinking affect us all.
and give some indication of our preliminary
ideas. These views are tentative at this
The reality is however that there are severe
juncture. We need to receive submissions
constraints on what can be done about
and carry out further consultations.
these problems by the law. Every law has to
pass the test of public acceptability. The use The Law Commission is independent of
of alcohol in moderation has many positive the Government. Its power is only to
features. It promotes sociability, friendship, recommend measures to the Government.
entertainment, fun, relaxation and many And we will make recommendations on
things that New Zealanders enjoy. the basis of what the evidence shows.
iv Alcohol in our lives
Terms oF reFerence
1. To examine and evaluate the current • to ensure that unnecessary and • the need to ensure the appropriate
laws and policies relating to the sale, disproportionate compliance costs are balance between harm and
supply and consumption of liquor in not imposed by the licensing system; consumer beneft;
New Zealand.
• the age at which liquor can be purchased; • the health effects of alcohol use
2. To consider and formulate for the and the ways to ameliorate these
consideration of Government and • the responsibility of parents for adverse effects;
supervising young members of
Parliament a revised policy framework • the effects of alcohol use on the level
their family who drink;
covering the principles that should of offending in the community and
regulate the sale, supply and • the infuence of excise tax on alcohol consideration of measures to minimise
consumption of liquor in New Zealand and how pricing policies can minimise such offending; and
having regard to present and future harm from alcohol consumption; • enforcement issues in relation to
social conditions and needs.
• advertising of liquor and whether there liquor, including penalties, bans,
3. To deal explicitly with a number of should be restrictions on discounting measures to control alcohol related
issues, including: alcohol or advertising discounts; disorder and to deal with intoxicated
people, and methods for preventing
•
the epfrfoelcifte trhatisio hna os fo snp ceocinfscu omuptlteiotsn ;and • othf eL irqeulaotrio Ancsth i1p9 b8e9t,w thee nR ethsoe uSraclee
itdhen utisfec aotfi ofank. e proof-of-age
• how the licensing system should Management Act 1991 and the
be structured and who should be Local Government Act 2001; 4. To prepare an issues paper for publication
responsible for which aspects of and take submissions on it, and to
licensing decisions; • the relationship between the Sale of engage in extensive public consultation.
Liquor Act 1989 and the liquor-related
• revising the licence renewal and fee 5. To prepare a fnal report, including the
offences in the Summary Offences
framework to consider whether risk can proposed new policy framework and
Act 1981;
be more appropriately managed and to draft legislation, so that people can
ensure that the funding of the licensing • the application of competition judge accurately the precise effects of
and enforcement regime is adequate; law to the sale of liquor; what is proposed.
v
vi Alcohol in our lives
we welcome
Your FeedBAcK
the deadline for submissions is the Law Commission will produce its Offcial information Act 1982
5pm, Friday 30 October 2009. fnal report in 2010. The Law Commission’s processes
Public Consultation: are essentially public, and it is subject
31 July – 30 October 2009 conTAcT us to the Offcial Information Act 1982.
This Issues Paper is intended to help defne Law Commission home website: Thus copies of submissions made
the nature and extent of alcohol-related www.lawcom.govt.nz to the Commission will normally be
harm in New Zealand, and provide a
springboard for public debate of the issues. Consultation website: made available on request and the
You can download Alcohol in Our Lives at www.talklaw.co.nz Commission may mention submissions
www.talklaw.co.nz or www.lawcom.govt.nz in its reports. Any request for
Email:
how To give us
Your FeedBAcK
emAil weBsiTe
email: Email your submission to