Liquor Control Bylaws: The Misuse of an Unnecessary Sledgehammer for a Very Small Nut

Abstract

This paper examines the liquor control bylaws system in New Zealand. It explores wider concerns about alcohol use and the legislative situation relating to liquor control bylaws in order to contextualize the environment in which territorial authorities make liquor control bylaws. This paper focuses on a range of issues that arise from the liquor control bylaw system, including the rationale for liquor control bylaws, the implications of using bylaws for liquor control purposes, how police enforce these bylaws, implications under the New Zealand Bill of Rights 1990, and concerns surrounding evidentiary standards and penalties. It recommends potential options to ameliorate some of these issues, examining both the possible repeal of and amendments to the liquor control bylaw system. This paper also examines the recent alcohol law reform proposals in respect to the impact they may have on liquor control bylaws.