Te Nahu [2011] NZLLA 1265 (7 November 2011)

Last Updated: 2 December 2011

[2011] NZLLA PH 1265

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by TARANAKI HOKIANGA HAPUKU TE NAHU pursuant to s.123 of the Act for renewal of a General Manager's Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Mr P M McHaffie

HEARING at NAPIER on 28 October 2011

APPEARANCES

Mr T H H Te Nahu – applicant
Mrs A M Carr – Central Hawkes Bay District Licensing Agency Inspector – in opposition

DECISION OF THE AUTHORITY

[1] The General Manager's Certificate issued to Mr Te Nahu expired on 29 June 2011. He has made an application for its renewal. This was opposed by the Inspector. The Inspector claimed that the application was not complete, it was inaccurate and misleading, and despite assurances to the contrary, Mr Te Nahu is not working in the industry.

[2] Section 126 of the Act states:

126 Criteria for renewal

In considering any application for the renewal of a manager's certificate, the Licensing Authority shall have regard to the following matters:

(a) The character and reputation of the applicant:

(b) Any convictions recorded against the applicant since the certificate was issued or last renewed:

(c) The manner in which the manager has managed the sale and supply of liquor pursuant to the licence [with the aim of contributing to the reduction of liquor abuse]:

(d) Any matters dealt with in any report made under section 124 of this Act.

[3] The evidence established that Mr Te Nahu does not work as a duty manager at the “Tavistock Hotel”. In evidence, he conceded this. Thus, the application signed by him was incorrect and misleading.

[4] Indeed, in evidence he conceded that during the last 12 months he has not worked as a duty manager. Indeed, he has only been employed in the liquor industry for a total of 10 intermittent days during the last 12 months.

[5] He stated that he wishes to return to the industry on a full time basis. He stated that some associates were looking at purchasing a hotel. If the purchase eventuated they wish to employ him as a duty manager.

[6] Mr Te Nahu’s evidence was unreliable. His unreliability is compounded by the erroneous and misleading application.

[7] These matters reflect badly on his character and reputation. Further, as he has not managed the sale and supply of liquor pursuant to his certificate for the last 12 months it is impossible to determine whether he meets the criteria set out in s.126(c) of the Act.

[8] As this was an application brought by Mr Te Nahu, he had an obligation to satisfy the Authority that the application met the criteria set out in s.126 of the Act. The Authority is not satisfied he meets the criteria.

[9] Accordingly, the application is refused.

DATED at WELLINGTON this 7th day of November 2011

B M Holmes
Secretary

Taranaki Te Nahu.doc