Harper v Tipiwai [2011] NZLLA 391 (5 May 2011)

Last Updated: 2 June 2011

[2011] NZLLA 391

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 023/2302/10 issued to LANA TIOPIA TIPIWAI

BETWEEN WAYNE JOHN HARPER

(Police Officer of Rotorua)

Applicant

AND LANA TIOPIA TIPIWAI

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us an application by Acting Sergeant W J Harper of Rotorua Police dated 13 April 2011, for suspension of a General Manager’s Certificate held by Lana Tiopia Tipiwai.

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.

At about 2.18 am on Sunday 3 April 2011 Ms Tipiwai was a passenger in a vehicle being driven along Ranolf Street, Rotorua. The vehicle failed to stop at a red traffic signal and the Police followed it to an address in Amohau Street, Rotorua, where the male driver exited the vehicle and attempted to run into the address.

The driver was intercepted by the Police and required to undergo a roadside breath screening test. Ms Tipiwai, who was assessed as being extremely intoxicated, attempted to prevent the Police from carrying out the EBA procedure. She was warned on several occasions to step away or risk arrest. However, she persisted in her actions and struggled violently with the Police. Ms Tipiwai had to be pepper sprayed in the subsequent effort to subdue her and effect her arrest.

On 7 April 2011 Ms Tipiwai appeared in the Rotorua District Court and was convicted on a charge of obstructing/hindering the Police. A charge of resisting arrest was withdrawn. She was fined $300 with $132.89 costs.

The Police contend that Ms Tipiwai’s behaviour reflects poorly on her appreciation of her obligations and responsibilities as a manager of licensed premises. Ms Tipiwai is employed in that capacity at the “Rotorua RSA”.

The respondent does not dispute the ground for the application and concedes that her behaviour was unacceptable. She has agreed to a term of suspension of her manager’s certificate. She has also agreed to a truncated period of renewal of the certificate when it falls due. Accordingly, we make the following order by consent:

General Manager’s Certificate number GM 023/2302/10, issued to Lana Tiopia Tipiwai, is suspended for four weeks from Monday 30 May 2011.

DATED at WELLINGTON this 5TH day of May 2011

B M Holmes
Secretary

Lana Tipiwai.doc(ab)