Harper v Taki [2012] NZLLA 715 (20 June 2012)

Last Updated: 19 July 2012

[2012] NZLLA 715

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/023/2087/2009 issued to NORIHIRO TAKI

BETWEEN WAYNE JOHN HARPER

(Police Officer of Rotorua)

Applicant

AND NORIHIRO TAKI

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

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

DECISION

We have before us an application by Acting Sergeant W J Harper of Rotorua Police dated 28 May 2012, for suspension of a General Manager’s Certificate held by Norihiko Taki.

The ground for the 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.

On Friday 10 February 2012, while driving at Te Ngae Road, Rotorua, Mr Taki was processed by Police for alcohol intake and an evidential breath test registered an excess level of 679 micrograms of alcohol per litre of breath. The permissible limit is 400 micrograms per litre.

On 24 February 2012 he was convicted in the Rotorua District Court, fined $500 and disqualified from driving for six months.

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

General Manager’s Certificate number GM/023/2087/2009, issued to Norihiko Taki, is suspended for four weeks from Sunday 1 July 2012.

The respondent has also agreed to a truncated renewal period of 12 months when his certificate falls due for renewal on 21 September 2013.

DATED at WELLINGTON this 20th day of June 2012

B M Holmes
Secretary

Norihiko.Taki.doc(vc)