Kaponga, re [2007] NZLLA 167 (1 March 2007)

Last Updated: 24 February 2010

Decision No. PH 167/2007

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by TANGINUI APRIL KAPONGA pursuant to s.118 of the Act for a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Ms P A Ballard

HEARING at TE AWAMUTU on 15 February 2007

APPEARANCES

Miss T A Kaponga – applicant
Mr K J Tutty – Waipa District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Taninui April Kaponga for a General Manager’s Certificate.

[2] The application was received by the Agency in April 2006. Miss Kaponga was written to and advised that the law in respect of such applications had been altered as from 1 April 2006. There is no ability by the Authority or the Agency to grant a General Manager’s Certificate unless the applicant is the holder of Licence Controller Qualification.

[3] Because there had been no response to a letter sent to the applicant the matter was set down for a public hearing. There was no Police objection. Miss Kaponga did not appear when the case was called at 9.00 am but subsequently came to the hearing at about 11.30 am. Because she made the effort to appear and give an explanation we are prepared to offer her the opportunity of gaining the certificate rather than declining the application.

[4] Miss Kaponga has previously held a General Manager’s Certificate in 2002. We understand that she is not currently employed within the hospitality industry but has had some experience working with the “Waipa Workingmens Club” and the “Kihikihi Rugby Football Club”.

[5] In the circumstances rather than decline the application we have made the decision that the application will be adjourned for a period of two months. During that time it is expected that Miss Kaponga will complete a course and obtain the Licence Controller Qualification. At the same time it will be necessary for her to establish to the Inspector’s satisfaction that she has employment available to her, and the support of an employer, and also that she has had sufficient experience to warrant the grant of a General Manager’s Certificate.

[6] It may be that the matter can be dealt with on the papers if the Inspector is satisfied as to the outstanding requirements. On the other hand once the Licence Controller Qualification has been achieved a further public hearing may be necessary. If there is no Licence Controller Qualification produced to the Agency within the two month period the application will be declined.

DATED at WELLINGTON this 1st day of March 2007

Judge E W Unwin Ms P A Ballard
Chairman Member

Tanginui Kaponga.doc(aw)