Kennedy [2007] NZLLA 1265 (5 December 2007)

Last Updated: 29 January 2012

Decision No. PH 1265/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by CHRIS HUNIA KARATIANA KENNEDY pursuant to s.123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Dr J Horn

HEARING at DUNEDIN on 22 November 2007

APPEARANCES

Mr C H K Kennedy – applicant
Mr A S Mole – Dunedin District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Chris Hunia Karatiana Kennedy for the renewal of his General Manager's Certificate.

[2] Mr Kennedy has held his certificate since 1999. The application was required to come before us because it was not accompanied by the Licence Controller Qualification. The law (as amended as at 1 April 2006), is that neither the Agency nor this Authority may renew a certificate absent the required qualification.

[3] Mr Kennedy has appeared and produced the qualification. Accordingly, there are no further objections to the renewal from the District Licensing Agency Inspector. The Inspector has pointed out that there was a previous public hearing in Invercargill involving Mr Kennedy's certificate, and his management of licensed premises in Tuatapere known as "Highway 99".

[4] Unfortunately that hearing took place without Mr Kennedy's knowledge and an order was made suspending his General Manager's Certificate for a period of six months with attendant publicity.

[5] Mr Kennedy pointed out that there were a number of matters that he wished to challenge. He was granted a rehearing which is expected to be heard in Invercargill in the New Year. We see no difficulty about renewing the certificate on the basis that there is yet to be a hearing which may have some impact on that certificate in the future.

[6] With that caveat in mind, the application for renewal is no longer opposed and is accordingly granted.

DATED at WELLINGTON this 5th day of December 2007

B M Holmes
Deputy Secretary

Chris Kennedy.doc(aw)