< Administering alcohol law

District Licensing Committee (DLC) network

Excellence in decision making

Achieving the safe responsible sale, supply and consumption of alcohol and the minimisation of alcohol-related harm.

About the DLC network

The District Licensing Committee (DLC) network is a part of the National Public Health Service, a subsidiary of Te Whatu Ora | Health New Zealand.

The network was set up in 2017 after undertaking some pilot networking opportunities in different parts of New Zealand, and as a result of a project to scope the development of a network for DLCs. 

The network empowers, equips and enables DLCs to make decisions that meet the object and purpose of the Sale and Supply of Alcohol Act 2012. Read more about DLCs.

Contact us

Email the DLC network.

Principles

The principles of decision making for DLCs:

  • The decision must be within a power properly conferred under an Act of Parliament on the decision-maker.

  • A decision-maker must consider all matters that are relevant to the making of the decision and not take into account matters that are not relevant to the making of the decision. 

  • A decision-maker must not make a decision or exercise a power or discretion in bad faith or for an improper purpose. 

  • A decision-maker must ensure that findings of fact are based on evidence adduced during a hearing or in the application for unopposed matters. Decisions must be reasonable. 

  • Those who may be affected by a decision must be accorded procedural fairness. This includes the principles of natural justice. 

  • When making decisions, a DLC must first ensure that its decisions are legal and secondly that they are reasonable. If these two principles are applied then the DLC will have a good basis for its decision. 

The Act and Case Law

Case law is the written interpretation of law that has been established through decisions made by judges in previous cases. It is built up from judgments given by higher (appellate) courts when they interpret statutes in cases brought before them. Called ‘precedents’, they are binding on all courts (within the same or lower jurisdictions) and must be followed as good law in similar cases. Over time, these precedents are recognised, affirmed, and enforced by the subsequent court decisions, thus continually expanding the common law.​ 

Case law may be introduced in reports by agencies or in the hearing by any of the parties. In making your decisions you will also have to consider relevant case law. You need to know what case law is, how it is relevant to your decision-making process, and how to apply it.​

Case law on alcohol licensing decisions in New Zealand is established by the Alcohol Regulatory and Licensing Authority (ARLA) and the courts. A decision of a DLC can be appealed to ARLA. Decisions of ARLA can be appealed to the High Court, then the Court of Appeal, and up to the Supreme Court. 

Search the ARLA database.

We suggest having a subscription to Westlaw. Westlaw provides expert commentary, alcohol cases, case law, news service, and full text legislation, regulations, and bills. Go to Westlaw for more information 

Guides and resources

The following are some examples of case law that you might find useful in your role as a DLC member.

 

Licensing and alcohol impacts in residential neighbourhoods, 7th March 2024

A research report presented by Steve Randerson, who provides national support to the Community Action on Youth and Drugs programme. He also delivers evaluation on alcohol policy and community action to reduce harm from alcohol and other drugs.

Impacts of advertising on alcohol off-licence outlets, 14th March 2024

This presentation explored the opportunities in preventing real alcohol harm to people, especially children from alcohol advertising. It is from the research work of Sarah Sneyd, presented by Andrew Galloway, Executive Director of Alcohol Healthwatch.