Thurston v Manaena [2009] NZLLA 1450 (21 December 2009)

New Zealand Liquor Licensing Authority

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Thurston v Manaena [2009] NZLLA 1450 (21 December 2009)

Last Updated: 17 January 2010

Decision No. PH 1450/2009

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension or cancellation of General Manager's Certificate number 049/GM/240/2009 issued to TIAKIWHARE CHANTAL IHIRANGI TIANA MANAENA

BETWEEN JASON RONALD THURSTON

(Police Officer of Wellington)

Applicant

AND TIAKIWHARE CHANTAL IHIRANGI TIANA MANAENA

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

HEARING at WELLINGTON on 17 December 2009

APPEARANCES

Sergeant J R Thurston – applicant
No appearance by or on behalf of respondent
Mr R S Putze – Wellington District Licensing Agency Inspector – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application dated 2 November 2009 for the suspension or cancellation of a General Manager's Certificate issued to Tiakiwhare Chantal Ihirangi Tiana Manaena. Ms Manaena was granted her certificate on 25 June 2009. The ground for the application was that her conduct had been such as to show that she was not a suitable person to hold the certificate.
[2] The evidence showed that on 6 September 2006, when Ms Manaena was 19 years of age she was found to be an unlicensed driver. She was forbidden to drive until an appropriate driver’s licence was obtained.
[3] At 4.30 am on 11 July 2009 (nearly three years later), Ms Manaena was found to be driving a motor vehicle. She acknowledged that she did not hold a current driver’s licence. She said that she had not had time to gain her licence and was only driving because her passengers had been drinking. She is now 22 years of age. She was duly convicted of the charge of failing to comply with a prohibition and was fined and ordered to pay costs.
[4] It has to be said in her favour that there were no liquor abuse issues. However continuing to drive in the face of a prohibition shows an attitude unbecoming of the holder of a certificate. To suggest that three years was insufficient time to obtain a driver’s licence defies reason.
[5] The situation has been aggravated by the fact that Ms Manaena did not appear to proffer any explanation. It is possible that she may be unaware of the hearing as we note that one of the documents was returned by the courier. The courier commented that Ms Manaena was not known at the address. Ms Manaena would be entitled to a rehearing if she can show such lack of knowledge. After all, a notice of hearing has also been sent. In most situations, if respondents do not make the effort to appear, then our general rule of thumb is to add an extra four weeks to any penalty or sanction.
[6] For the reasons that we have attempted to set out we now confirm that General Manager's Certificate number 049/GM/240/2009, issued to Tiakiwhare Chantal Ihirangi Tiana Manaena, is suspended for five weeks commencing on Monday 28 December 2009.

DATED at WELLINGTON this 21ST day of December 2009

B M Holmes
Deputy Secretary

Tiakiwhare Manaena.doc(aw)