Sara v Te Moana [2010] NZLLA 650 (10 June 2010)

Last Updated: 10 June 2010

[2010] NZLLA 650-651

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 of General Manager’s Certificate number 004/GM/14702/08 issued to PATRICK KONA TE MOANA

BETWEEN DONALD WILLIAM SARA

(Rodney District Licensing Agency Inspector)

Applicant

AND PATRICK KONA TE MOANA

Respondent

AND

IN THE MATTER of an application by PATRICK KONA TE MOANA pursuant to s.123 of the Act for renewal of a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Mr P M McHaffie
Ms J D Moorhead

DECISION

We have before us an application by Mr D W Sara, Rodney District Licensing Agency Inspector dated 11 February 2010, for suspension of a General Manager’s Certificate held by Patrick Kona Te Moana.

We are also asked to determine an application to renew the certificate.

The ground for the suspension application is that the conduct of the manager has been such as to show that he is not a suitable person to hold the certificate. The application for renewal is opposed on the grounds detailed in the suspension application.

Mr Te Moana incurred a conviction in the North Shore District Court on 16 January 2009 for having registered an excess breath alcohol level while driving. The offence occurred during the initial ‘probationary’ year following issue of the certificate.

The respondent does not dispute the ground for the enforcement application and he has agreed to suspension of his manager’s certificate. He has also agreed to accept a shortened period of renewal of the certificate. Accordingly, we make the following order by consent:

General Manager’s Certificate number 004/GM/14702/08, issued to Patrick Kona Te Moana , is suspended for four weeks from Monday 5 July 2010.

We are satisfied as to the matters to which we must have regard in s.126 of the Act and we renew the certificate for 18 months until 10 March 2011. A notice of renewal is attached to this decision.

DATED at WELLINGTON this 10th day of June 2010

______________________
B M Holmes
Secretary

Patrick Te Moana.doc(ab)