Maui, re [2008] NZLLA 1721 (11 December 2008)

Last Updated: 12 February 2010

Decision No. PH 1721/2008

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by RANGIORAWHAKAPONO MEREANA MAUI pursuant to s.118 of the Act for a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at AUCKLAND on 26 November 2008

APPEARANCES

No appearance by or on behalf of applicant
Sergeant J P Loye – NZ Police – in opposition
Miss A L Marsh – Auckland District Licensing Agency Inspector – in opposition

ORAL DECISION OF THE AUTHORITY

[1] Before the Authority is an application by Rangiorawhakapono Mereana Maui for a General Manager's Certificate. The applicant filed her application on 17 June 2008 with the Auckland District Licensing Agency. The applicant is the holder of a Licence Controller Qualification.

[2] The Authority is required, in considering an application, to have regard to the following matters:

(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 evidence the applicant holds the prescribed qualification required under section 117A:

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

[3] In applying for the General Manager's Certificate, the applicant declared no convictions on her application form. Both the Police and the District Licensing Agency Inspector opposed the application, the issue being that the applicant had two convictions for theft over $1,000 with the first offence being on 23 January 2007 and the second offence on 25 January 2007.

[4] There was no appearance by the applicant before the Authority. Under the circumstances the application is now refused.

DATED at WELLINGTON this 11th day of December 2008

B M Holmes
Deputy Secretary

Rangiorawhakapono Maui.doc(aw)