Wikiriwhi, re [2003] NZLLA 199 (3 April 2003)

New Zealand Liquor Licensing Authority

[Index] [Search] [Download] [Help]

---

Wikiriwhi, re [2003] NZLLA 199 (3 April 2003)

Last Updated: 28 February 2010

Decision No. PH 199/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by GARY WIKIRIWHI pursuant to s.118 of the Act for a Club Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

HEARING at ROTORUA on 20 March 2003

APPEARANCES

No appearance by or on behalf of applicant
Mr B Seamer – Rotorua District Licensing Agency Inspector – in opposition
Sergeant R Blomkamp – Rotorua New Zealand Police – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Gary Wikiriwhi for a Club Manager’s Certificate. The criteria which must be considered by the Authority in such an application are contained in s.121 of the Act. These criteria are:

(a) The character and reputation of the applicant:

(b) Any convictions recorded against the applicant:

(c) Any experience, in particular recent experience, that the applicant has had in managing any premises or conveyance in respect of which a licence was in force:

(d) Any relevant training, in particular recent training, that the applicant has undertaken and any relevant qualifications that the applicant holds:

(e) Any matters dealt with in any report made under section 119.

[2] In this case the issues relate to the character and reputation of Mr Wikiriwhi, and his convictions. At the time that the application was opposed, Mr Wikiriwhi had been some seven years without offending, although he had a very extensive list. Regrettably the evidence which has been presented to us today, shows that Mr Wikiriwhi is still offending. It appears he has really been unable to turn his life around.

[3] He commenced offending at the age of 15 in 1977. His offending continued for approximately 17 years. In the 17 years he attained five convictions for driving with an excessive breath alcohol, and 13 convictions for driving while disqualified. There is also a conviction for using drugs.

[4] Had Mr Wikiriwhi appeared before us with the full support of the Club to which he belongs, and had he been able to explain that he had turned his life around, it may be that the Authority may have accepted his assurances. However the Police have produced evidence that on 13 February this year a search warrant was executed at his home in 12 Kahu Street, Rotorua. Police found amongst other things 454 grams of Cannabis, a small jar of Cannabis seeds and 14 Cannabis plants. There was also a small tin of Cannabis oil.

[5] Mr Wikiriwhi was interviewed by the Police and acknowledged that the Cannabis was his, and that he smoked it approximately three times a week, and that he had been smoking it for ten years at least. In those circumstances there is no question that Mr Wikiriwhi in our view would be unable to sustain the responsibility required or expected of a manager of club premises. In our view he would be totally unsuitable to carry out such responsibility, and uphold the law.

[6] Although the charges for which he is due to appear, (that is possession of Cannabis for supply and cultivation), have yet to be dealt with by the Court, the evidence is sufficient for us to be satisfied about the unsuitability of the applicant. The application is accordingly refused.

DATED at WELLINGTON this 3rd day of April 2003

Judge E W Unwin Mr J C Crookston
Chairman Member

Wikiriwhi.doc(afw)