Ryder v Panui [2011] NZLLA 1310 (11 November 2011)

New Zealand Liquor Licensing Authority

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Ryder v Panui [2011] NZLLA 1310 (11 November 2011)

Last Updated: 9 December 2011

[2011] NZLLA PH 1310

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 GM/006/204/2001 issued to ELIANA YVONNE PANUI

BETWEEN DIANA SABINE RYDER

(Police Officer of Auckland)

Applicant

AND ELIANA YVONNE PANUI

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge J D Hole
Member: Ms J D Moorhead

HEARING at AUCKLAND on 7 November 2011

APPEARANCES

Sergeant C D Lally – NZ Police – applicant
No appearance by or on behalf of respondent

DECISION OF THE AUTHORITY

[1] This decision relates to an application for the suspension or cancellation of General Manager's Certificate issued to the respondent. In accordance with s.135(3)(b) of the Act the application alleges that on 24 February 2011 the respondent’s conduct was such as to show that she was not a suitable person to hold a General Manager's Certificate.

[2] On that day she drove a motor vehicle when it was discovered that her breath was found to contain 669 micrograms of alcohol per litre of breath. She was convicted on 17 March 2011 for driving with excess breath alcohol.

[3] The grounds were proved at the hearing. There was no appearance by the respondent. It is not known if she is still working in the industry.

[4] In accordance with s.135(6) of the Act the Authority considers that it is desirable that the General Manager's Certificate issued to the respondent be suspended. Her General Manager's Certificate is suspended for 30 days commencing 21 November 2011.

DATED at WELLINGTON this 11TH day of November 2011

B M Holmes
Secretary

Eliana Parnui.doc