Williams v Potaka [2011] NZLLA 1503 (20 December 2011)

Last Updated: 9 January 2012

[2011] NZLLA 1503

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 GM 3910/2006 issued to NAOMI KARATIUA POTAKA

BETWEEN KARL ANTHONY WILLIAMS

(Police Officer of Marton)

Applicant

AND NAOMI KARATIUA POTAKA

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us an application by Senior Constable K A Williams of Marton Police dated 21 November 2011, for suspension of a General Manager’s Certificate held by Naomi Karatiua Potaka.

The ground for the application is that the conduct of the manager has been such as to show that she is not a suitable person to hold the certificate.

On Sunday 31 August 2011 while driving at Marton, Ms Potaka was processed by the Police for alcohol intake and registered an excess level of 847 micrograms of alcohol per litre of breath. The permissible limit is 400 micrograms per litre.

On 21 September 2011 she was convicted in the Marton District Court, fined $850 with $132.89 costs and disqualified from driving for nine months.

The respondent does not dispute the ground for the application and she has agreed to suspension of her manager’s certificate. Accordingly, we make the following order by consent:

General Manager’s Certificate number GM 3910/2006, issued to Naomi Karatiua Potaka, is suspended for four weeks from Monday 16 January 2012.

DATED at WELLINGTON this 20th day of December 2011

M Langworthy
Deputy Secretary Naomi Potaka.doc(ab)