Senior Constable Hoani Hippolit keeps an eye on a New Year's reveller in a Paihia cell this year. Picture / Kristin Edge
An apparent loophole in the law will put pressure on attempts to enforce alcohol bans at popular holiday spots over the festive season.
Police abandoned the recent prosecution of an alleged breach of a ban in Havelock North after the defendant's lawyer argued the law requires proof of the substance's
alcoholic content.
At Mt Maunganui, one of the busiest beach resorts in the country over the New Year period, a police area commander Murray Lewis said today officers usually just tipped the contents of the bottles out because it's not logistically not possible to keep confiscated drinks.
Over 10,000 people have been prosecuted for breaches of the liquor ban over the past three years.
Alastair Sherriff, a consultant lawyer for Wellington law firm Buddle Findlay, said an analysis of the liquid was necessary to prove the existence of alcohol.
Mr Sherriff acted in the Havelock North case and said that since the police never confiscated the liquid or had it tested they could not prove it contained at least 1.15 per cent alcohol, as the law defines.
"That was the key point, and on the basis of that the judge and I agreed the prosecutor would take legal advice," he told National Radio today.
"...and the next thing I knew ... he was going to withdraw the case."
Mr Sherriff believes the same argument will apply to every other council's liquor ban and he says anyone facing prosecution should think twice about pleading guilty if police don't keep the evidence.
Victoria University law lecturer John Miller agrees the loophole could be used as a defence.
Dr Miller was involved in a successful appeal by 30 people in what was proved to be an unlawful convictions of liquor ban breaches in the Tauranga area which had not been properly advertised.
"When you look at the definition of the liquor, which these bans have ... it says 'found on analysis to contain 1.15 per cent...and I don't think police can prove it contained 1.15 per cent or more. It has to be done on scientific analysis," he told National Radio.
However Mr Lewis believes police officers' expert testimony will be enough evidence in court.
- NZPA
