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Home / New Zealand

Alcohol reform: A decade of legal battles to achieve Auckland’s Local Alcohol Policy - George Wood

By George Wood
NZ Herald·
13 Aug, 2024 05:00 PM4 mins to read

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Local children add to Navtej Singh's shrine outside his family liquor shop where he was murdered in 2008. Photo / Dean Purcell

Local children add to Navtej Singh's shrine outside his family liquor shop where he was murdered in 2008. Photo / Dean Purcell

Opinion by George Wood

THREE KEY FACTS

  • Local councils can develop a Local Alcohol Policy (LAP) to influence the location, number and trading hours of businesses licensed to sell alcohol.
  • The policy can influence when bars, restaurants and nightclubs can be open and when bottle shops can trade.
  • The Alcohol Regulatory and Licensing Authority adopted Auckland Council’s LAP this month, after several years of appeals.

George Wood is a former three-term mayor of the former North Shore City. He served two terms as a councillor on Auckland Council and spent 32 years in the police, including as North Shore area commander.

OPINION

The tragic shooting of Manurewa liquor store owner Navtej Singh on June 7, 2008, is a distant yet haunting memory.

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Six men entered his store that evening, and one of them fatally shot Singh at close range. The shooter was convicted of murder and sentenced to 17 years in prison without parole.

Ironically, while the shooter is set to complete his non-parole period in 2027, Auckland Council is still finalising its Local Alcohol Policy (LAP) – a policy envisioned as a crucial step towards better management and control of alcohol licensing across the Auckland region.

In the aftermath of Singh’s death, questions were raised about whether New Zealand’s alcohol legislation was sufficient to prevent such tragedies. To address these concerns, the New Zealand Law Commission, led by Sir Geoffrey Palmer, launched an independent inquiry into the country’s alcohol laws.

After extensive research and public consultations, Palmer proposed several reforms, including raising the legal drinking age to 20.

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The government responded by introducing the Alcohol Reform Bill (ARB) shortly after the formation of the new Auckland Council in November 2010. However, the bill differed significantly from the Law Commission’s recommendations, opting for a split purchase age: 18 years for bars and taverns and 20 years for bottle stores and supermarkets.

The ARB also emphasised the role of LAPs, placing significant responsibility on local councils to reflect their communities’ preferences in alcohol regulation.

Navtej Singh's widow, Harjinder Kaur, leaves the High Court at Auckland. His killer Anitelea Chan Kee was jailed for at least 17 years.
Navtej Singh's widow, Harjinder Kaur, leaves the High Court at Auckland. His killer Anitelea Chan Kee was jailed for at least 17 years.

As chair of the Community Safety Forum under Mayor Len Brown, I found myself at the forefront of this effort.

By December 2012, the government had passed the new Sale and Supply of Alcohol Act, and Auckland Council was well-positioned to develop its LAP. While other councils across New Zealand moved quickly to implement their policies, many faced formidable challenges from opposing liquor outlets, leading to compromises that diluted the effectiveness of their LAPs.

I am proud that Auckland Council resisted this pressure and held firm, culminating in a significant victory when our LAP was upheld by the Supreme Court.

The journey to this victory was anything but straightforward.

After Auckland Council completed its LAP, the policy was subjected to community consultation, resulting in appeals that were heard by the Alcohol Regulatory and Licensing Authority (ARLA) in Auckland.

The authority’s decision partly in favour of Auckland Council was a positive step, but it was not the end. The supermarkets, unhappy with the ruling, escalated the matter to the High Court at Auckland.

As a former police officer with 32 years of service, I understand that some battles require a long-term strategy.

Auckland Council’s legal team demonstrated remarkable persistence as the case progressed through the courts. Although the High Court’s decision leaned somewhat in favour of the supermarkets, the subsequent appeal to the Court of Appeal restored momentum in Auckland Council’s favour.

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However, the supermarkets did not relent.

They took the case to the highest court in the land, the Supreme Court. It was a tense period, but the Supreme Court’s ruling, which dismissed the supermarkets’ appeal, was a resounding affirmation of our approach.

The judgment, written in clear and accessible language, provides a valuable precedent for other councils across New Zealand, guiding them in developing and defending their own Local Alcohol Policies.

We are now nearing the final stages of implementing Auckland’s LAP. The policy includes vital provisions to restrict the proliferation of bottle stores in lower socio-economic areas across Auckland – a measure designed to reduce alcohol-related harm in vulnerable communities.

Meanwhile, the man who killed Navtej Singh will soon be eligible for parole, a stark reminder of how slow and painstaking the process of legal reform can be in New Zealand.

In conclusion, the journey to secure and defend Auckland’s Local Alcohol Policy has been long and challenging, but it has been a journey worth taking.

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The Local Alcohol Policy will play a crucial role in shaping the future of alcohol regulation in Auckland, ensuring that the needs and safety of our communities come first.

As other councils across the country look to develop their own LAPs, they can draw on the lessons learned from Auckland’s experience, armed with a Supreme Court ruling that underscores the importance of local control in managing alcohol-related issues.

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