Addressing the harmful use of alcohol - WHO Western Pacific Region

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6. Setting a minimum purchase age 3) It is a defence to a prosecution for an offence under subsection (1) or (2) if it is proved that: a) the person to whom the liquor was sold or supplied was of or above the age of 14 years, and b) before the liquor was sold or supplied to the person the defendant was provided with an evidence of age document that may reasonably be accepted as applying to the person and as proving that the person was of or above the age of 18 years. 4) Supplying liquor to minors on other premises A person must not supply liquor to a minor on any premises other than licensed premises unless the person is a parent or guardian of the minor. Maximum penalty: 100 penalty units or 12 months imprisonment (or both). 5) It is a defence to a prosecution for an offence under subsection (4) if it is proved that the defendant was authorized to supply liquor to the minor by the parent or guardian of the minor. 6) Obtaining liquor for minors from licensed premises A person must not obtain liquor from licensed premises on behalf of a minor unless the person is the parent or guardian of the minor. Maximum penalty: 100 penalty units or 12 months imprisonment (or both). 7) It is a defence to a prosecution for an offence under subsection (6) if it is proved that the defendant was authorized to obtain liquor on behalf of the minor by the parent or guardian of the minor. 8) Allowing liquor to be sold or supplied to minors on licensed premises A licensee must not, on licensed premises, allow liquor to be sold or supplied to a minor. Maximum penalty: 100 penalty units or 12 months imprisonment (or both). 9) It is a defence to a prosecution for an offence under subsection (8) if it is proved that the liquor was supplied to the minor by the parent or guardian of the minor. 10) Burden of proof In the prosecution for an offence under this section, the burden of proving that a person was a parent or guardian of a minor, or was authorised by a parent or guardian of a minor, is on the person charged… 12) For the purposes of this section, supply of liquor includes serving liquor to a person. Return to TOC 71
Addressing the harmful use of alcohol : A guide to developing effective alcohol legislation Sale of Liquor Act, New Zealand (1989) Sale or supply of liquor to minors 1) Every person commits an offence and is liable to the penalty set out in subsection (2A) who, being the licensee or a manager of any licensed premises, sells or supplies any liquor, or allows any liquor to be sold or supplied, on or from the licensed premises to any person who is under the age of 18 years. 2) Every person commits an offence and is liable to the penalty set out in subsection (2A) who, not being the licensee or a manager of any licensed premises, sells or supplies any liquor, on or from the licensed premises to any person who is under the age of 18 years. 2A) The penalty is,— a) In the case of a licensee,— i) A fine not exceeding New Zealand $10 000 [U.S. $7,488]; or ii) The suspension of the licensee’s licence for a period not exceeding 7 days; or iii) Both: b) In the case of a manager, a fine not exceeding New Zealand $10 000 [U.S. $7,488]: c) In the case of a person (not being a licensee or manager), a fine not exceeding New Zealand $2000 [U.S. $1,497]. Supply to minors by other adults Every person commits an offence and is liable to a fine not exceeding New Zealand $2000 [U.S. $1,497] who supplies alcohol to, to any person who is under the age of 18 years. Purchasing of liquor by minors 1) Every person commits an offence and is liable to a fine not exceeding New Zealand $2000 [U.S. $1,497] who, being under the age of 18 years, purchases any liquor on or from any licensed premises. Subsection (1) does not apply to a person who purchases liquor on or from licensed premises at the request of a member of the police acting in the course of his or her duties. Every person commits an offence and is liable to a fine not exceeding New Zealand $2000 [U.S. $1,497] who falsely represents to the licensee or a manager of any licensed premises, or to any employee of the licensee, that he or she is a person to whom liquor may be sold or supplied under the licence. 72 Return to TOC
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Return to TOC i
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Table of Contents Acknowledgments v
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7. Monitoring and enforcement 74 Ra
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1. Introduction Purpose and audienc
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I. Introduction alarming “extent
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2. The importance of public health
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3. Reducing affordability Alcohol t
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3. Reducing affordability Registeri
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3. Reducing affordability From the
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3. Reducing affordability smuggled
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3. Reducing affordability Even a sm
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Page 30 and 31: 3. Reducing affordability Table 3.2
Page 32 and 33: 3. Reducing affordability research
Page 34 and 35: 3. Reducing affordability Monitorin
Page 36 and 37: 4. Regulating availability Rational
Page 38 and 39: 4. Regulating availability All the
Page 40 and 41: 4. Regulating availability Retail m
Page 42 and 43: 4. Regulating availability will all
Page 44 and 45: 4. Regulating availability 47D Rest
Page 46 and 47: 4. Regulating availability The rati
Page 48 and 49: 4. Regulating availability The legi
Page 50 and 51: 4. Regulating availability Table 4.
Page 52 and 53: 4. Regulating availability Table 4.
Page 54 and 55: 4. Regulating availability Conditio
Page 56 and 57: 4. Regulating availability Includin
Page 58 and 59: 4. Regulating availability Communit
Page 60 and 61: 4. Regulating availability Sale of
Page 62 and 63: 4. Regulating availability The evid
Page 64 and 65: 4. Regulating availability Issues a
Page 72 and 73: 5. Regulating hours and days of tra
Page 74 and 75: 6. Setting a minimum purchase age R
Page 76 and 77: 6. Setting a minimum purchase age T
Page 80 and 81: 6. Setting a minimum purchase age T
Page 82 and 83: 7. Monitoring and enforcement Issue
Page 84 and 85: 7. Monitoring and enforcement licen
Page 86 and 87: 7. Monitoring and enforcement Table
Page 88 and 89: 7. Monitoring and enforcement Table
Page 90 and 91: 7. Monitoring and enforcement Every
Page 92 and 93: 7. Monitoring and enforcement conce
Page 94 and 95: 8. Regulating alcohol marketing whi
Page 96 and 97: 8. Regulating alcohol marketing mar
Page 98 and 99: 8. Regulating alcohol marketing Tab
Page 100 and 101: 8. Regulating alcohol marketing Liq
Page 102 and 103: 8. Regulating alcohol marketing Tab
Page 104 and 105: 9. Deterring drink-driving Blood al
Page 106 and 107: 9. Deterring drink-driving why drin
Page 108 and 109: 10. Implementation The importance o
Page 110 and 111: 10. Implementation Public interest
Page 112 and 113: References Academy of Medical Scien
Page 114 and 115: References Euromonitor Internationa
Page 116 and 117: References Huckle, T., P. Sweetsur,
Page 118 and 119: References Rise, J. Natvig, H., Sto
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Addressing the harmful use of alcohol - WHO Western Pacific Region

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