Dunedin bar's Christmas cheer brings a 48-hour booze ban
In its written decision, the authority said: 'The posts contained promotions to be in to win a lawnmower (the November promotion) and a premium ham (the December promotion) with the purchase of specified types of alcohol in breach of s 237(1)(e) of the Act.'
The authority noted that SPS Hospitality Group Ltd, which holds the licence for the premises, did not contest the police application for suspension.
'The respondent does not dispute the grounds of the application and it does not oppose the suspension of the on-licence,' the decision read.
Inspector Ian Paulin, national manager of Alcohol Harm Prevention, said police filed that there had been an increase in breaches of this section being taken from around the motu to the ARLA following some informative case law from November 2023, where ARLA confirmed that promotions on social media or the internet were 'outside' the licensed premises.
He clarified that Section 237 permits promotions inside the licensed premises.
'Promotions in this section mean discounting alcohol by more than 25%, or a 'buy alcohol and go into the draw for a prize' type of promotion,' he said.
While the breach was treated seriously, the authority accepted it was a first offence and opted for a relatively light penalty.
'We consider that a 48-hour suspension is appropriate for a first offence by this licensee for this offence,' it said.
The suspension will also be recorded as a 'negative holding' under the act.
If the venue accrues three such holdings within a three-year period, it may face a licence cancellation hearing.
'This order is deemed to be a negative holding,' ARLA chairman Judge Robert Spear wrote.
'If the licence has not already been cancelled, three negative holdings incurred within a three-year period will result in an application to the authority for cancellation of the licence.'
The decision was released on July 22 with the suspension to take effect in early September.
Ben Tomsett is a multimedia journalist based in Dunedin. He joined the Herald in 2023.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Spinoff
21 hours ago
- The Spinoff
Cheaper petrol on its way under new system – but will drivers end up paying more?
While Chris Bishop calls it the biggest change to road funding in 50 years, details on how the new system will work remain scarce for now, writes Catherine McGregor in today's extract from The Bulletin. Major shift from fuel tax to pay-per-km The government has announced it will scrap fuel excise duty and move all vehicles to a system of road user charges (RUCs), in what transport minister Chris Bishop called 'the biggest change to how we fund our roading network in 50 years'. He said the surge in fuel-efficient, hybrid and full electric vehicles had eroded the longstanding connection between petrol consumption and kilometres driven. Under the new system, charges would be based on distance travelled, vehicle type, time and location. The timeline is still vague: Bishop expects legislation to pass in 2026, with the system 'open for business' by 2027. But a full transition date for light vehicles remains deliberately unannounced, with Bishop explaining the government is 'focused on getting the system right rather than rushing its rollout', reports the Herald's Jamie Ensor. Privatised and digitised Alongside the policy shift comes a sweeping modernisation of the road charging system. Gone will be the paper labels stuck to windscreens, replaced by a fully digital e-RUC system. The NZTA's dual role as both regulator and RUC retailer will be split, with private firms taking over the collection and administration of charges. The idea is that this will drive innovation and reduce compliance costs by allowing the market to offer high-tech solutions, such as integrations with in-car computers. 'Instead of expanding a clunky government system, we will reform the rules to allow the market to deliver innovative, user-friendly services for drivers,' Bishop said. Flexible payment options like monthly billing and post-pay models are being considered, and RUCs could be bundled with tolls and congestion charges in a single bill. As Luke Malpass writes this morning in The Post (paywalled), the new system is being designed with one eye firmly on a future where our most expensive roads are funded with tolls, and ease of payment will be key to getting people to use them. 'Roads have to be paid for somehow,' he notes. A pattern of reform The transport minister's announcement came as a surprise to many, but the move had been clearly signalled for years. National ran on eliminating fuel taxes and the policy was part of the National-Act coalition agreement. Last year the government scrapped the Auckland regional fuel tax and oversaw the imposition of RUCs on electric vehicles, ending a long-standing exemption. These earlier moves laid the groundwork for yesterday's grand shift. As the number of petrol hybrids on the roads climbs – from 12,000 in 2015 to 350,000 today – there's a growing mismatch between fuel tax contributions and actual road usage, Bishop said, adding that lower-income drivers of older cars are effectively subsidising wealthier owners of hybrids and EVs. The missing details While the move has been widely framed as a step toward fairness and future-proofing, many of the key details remain unresolved, writes Stuff's Michael Daly. One key question: how much drivers will pay. Bishop gave no indication as to how much the government is planning to charge different vehicle types under the new system. Currently, light diesel vehicles pay $76 per 1000km, but that figure may not translate directly to petrol vehicles. Owners of small, fuel-efficient cars could be forgiven for worrying they'll end up paying more under a RUC system, regardless of the weight class tiers. There are also concerns about the cost of privatising tax collection. 'The only people who will see any benefit from this scheme are the corporates who take their cut to gather the tax,' said Fleur Fitzsimons of the Public Service Association, whose members include NZTA employees. As the legislation progresses and the 2027 rollout approaches, the government will need to spell out what motorists are actually signing up for – and how much they'll be paying.
1News
2 days ago
- 1News
Govt on next steps to replacing fuel tax with road user charges
Cabinet has agreed on a set of changes as it looks to roll out electronic road user charges to all light vehicles as it seeks to replace petrol tax. A replacement of fuel excise taxes in favour of electronic road user charging is part of National's coalition agreement with ACT. Currently New Zealanders help pay for the roads via their vehicle licence (or 'rego') fee, road user charges (RUC) and the petrol excise duty (PED). Minister of Transport Chris Bishop said the transition will ensure all vehicles pay based on actual road use (including weight) regardless of fuel type. "Right now, New Zealanders pay Fuel Excise Duty (FED, or petrol tax) of about 70c per litre of petrol every time they fill up at the pump with a petrol car. ADVERTISEMENT "Diesel, electric, and heavy vehicles pay road user charges based on distance travelled." Bishop said as hybrid and petrol efficient vehicles become more common, the way New Zealand funds its roads needed to change. He said in 2015, there were 12,000 hybrid vehicles in the country, whereas now, there are over 350,000. "For decades, petrol tax has acted as a rough proxy for road use, but the relationship between petrol consumption and road usage is fast breaking down. Minister of Transport Chris Bishop. (Source: Q and A) "For example, petrol vehicles with better fuel economy contribute less FED per kilometre towards road maintenance, operations, and improvements. "As our vehicle fleet changes, so too must the way we fund our roads. It isn't fair to have Kiwis who drive less and who can't afford a fuel-efficient car paying more than people who can afford one and drive more often." ADVERTISEMENT Timeline Bishop said the transition will happen in stages, beginning with legislative and regulatory reform to modernise the current road user charges system and enable private sector innovation. "The current road user charges system is outdated. It's largely paper based, means people have to constantly monitor their odometers, and requires people to buy road user charges in 1000km chunks." Bishop said he expects to pass legislation in 2026, followed by an updated code of practice for road user charge providers and an upgrade in systems for both New Zealand Transport Agency and police. "By 2027, the RUC system will be 'open for business', with third-party providers able to offer innovative payment services and a consistent approval process in place. "At this stage, no date has been set for the full transition of the light vehicle fleet. That's a deliberate choice, as we're focused on getting the system right rather than rushing its rollout." The morning's headlines in 90 seconds, new report into submersible implosion, body found in Auckland park, and mixed injury news for the Warriors. (Source: 1News) ADVERTISEMENT Key legislative changes the Government is progressing include: Removing the requirement to carry or display road user charge licences, allowing for digital records instead. Enabling the use of a broader range of electronic road user charge devices, including those already built into many modern vehicles. Supporting flexible payment models such as post-pay and monthly billing. Separating NZTA's roles as both road user charge regulator and retailer to foster fairer competition. Allowing bundling of other road charges like tolls and time of used based pricing into a single, easy payment. "The changes will support a more user-friendly, technology-enabled RUC system, with multiple retail options available for motorists," Bishop said. "Eventually, paying for RUC should be like paying a power bill online, or a Netflix subscription. Simple and easy." Who currently pays road user charges? Vehicles that weigh more than 3500kg pay RUC. Lighter vehicles also pay RUC if they are powered by diesel, electricity or another fuel that isn't taxed at its source. ADVERTISEMENT Light electric vehicles (EVs) and plug-in hybrids began paying road user charges last year. EVs that weigh more than 3500kg are still exempt from paying RUC, but will start paying them after December 31, 2025. 'Fairer and more efficient' - Motor Industry Association Motor Industry Association chief executive Aimee Wiley is supportive of the Government's plan, which she said will make for "efficient administration and compliance". "Converting the whole fleet to road user charges will be a major undertaking, and we will gain nothing if we do not make use of the latest technology to manage the system digitally and in real time. It'll make compliance much easier and administration less expensive." She said it is the "correct approach" to determine the technology platform for the new system before deciding the approach and timeframe for the transition. Overall, the association, which represents manufacturers and suppliers of new vehicles to New Zealand, said the move "places all vehicles on the same footing, making the system fairer and more efficient".
1News
2 days ago
- 1News
Kiwibank warned for overcharging thousands of customers
Kiwibank has been formally warned by the Financial Markets Authority (FMA) for failing to correctly apply aged-based fee waivers to thousands of joint account holders over a 13-year period, resulting in more than $900,000 in overcharges. Between July 2011 and November 2024, Kiwibank incorrectly charged transaction fees to 8,663 joint account customers, despite promotional materials stating that customers under 18 or 19 years old, or over 65, would be exempt. It affected joint accounts where the secondary account holder met the age-based criteria but the primary holder did not. Kiwibank was first alerted to the issued by a customer complaint in June 2023, with a staff member identifying the potential for the issue to be more widespread in December 2023. The morning's headlines in 90 seconds, new report into submersible implosion, body found in Auckland park, and mixed injury news for the Warriors. (Source: 1News) ADVERTISEMENT The issue was subsequently investigated and validated, leading to Kiwibank reporting itself to the FMA in August last year. The FMA found that 6,400 customers were affected after the Financial Markets Conduct Act 2013 (FMC Act) came into force in April 2014, with overcharges totalling $747,000. Under the FMC Act, financial service providers must not make false or misleading representations. The FMA said Kiwibank's account statements had misrepresented its right to charge fees and was a likely breach of the Act's fair dealing provisions. FMA executive director for response and enforcement Louise Unger said financial service providers had a responsibility to clearly and accurately communicate fees and ensure they charged what was promised. "It is also important that financial service providers have appropriate policies, procedures and controls in place to identify and address any fee-related issues in a timely fashion." Two root causes of the issue were identified, Unger said. "First, a lack of common understanding across Kiwibank about whether, and how, the fee waiver should apply to joint accounts. Second, a system design limitation where the age-based fee waivers could only be applied based on the primary account holder's age. ADVERTISEMENT "We recognise Kiwibank's cooperation and proactive effort to address the issue, including notifying the FMA and remediating impacted customers (including use-of-money interest). However, our view is that, in this instance, the issue could have been identified earlier with better product governance and internal controls." In a statement to 1News, Kiwibank acknowledged the warning, saying it took the matter seriously and regretted the error. "We have taken steps to fully reimburse impacted customers and have strengthened our internal policies, systems and controls to prevent this from happening again," a spokesperson said. "We acknowledge the FMA's findings and appreciate their recognition of our cooperation and proactive efforts to address this issue, including self-reporting it to the FMA and remediating impacted customers. "We remain committed to fair and transparent banking practices and will continue to improve our processes to ensure we meet the expectations of our customers and regulators."
