Changes to Alcohol Trading and Licensing
Changes to Alcohol Trading and Licensing
Wednesday 25 March, 2026
Two Bills propose significant changes to the regulation of the sale and supply of alcohol.
The Government is about to pass the Sale and Supply of Alcohol (Sales on Anzac Day Morning, Good Friday, Easter Sunday, and Christmas Day) Amendment Bill relaxing the rules affecting trading on those restricted days. In addition it has recently introduced the Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Bill that will overhaul the current licensing provisions.
This article addresses the Sale and Supply of Alcohol (Sales on Anzac Day Morning, Good Friday, Easter Sunday, and Christmas Day) Amendment Bill and a subsequent article will look at the Sale and Supply of Alcohol (Improving Alcohol Regulation) Amendment Bill.
Better Access to Alcohol on Restricted Trading Days
The Sale and Supply of Alcohol (Sales on Anzac Day Morning, Good Friday, Easter Sunday, and Christmas Day) Amendment Bill (the Bill) will significantly change the rules governing the sale and supply of alcohol on New Zealand's four restricted trading days: Anzac Day morning, Good Friday, Easter Sunday, and Christmas Day.
The changes it contains will have direct implications for local government, including for District Licensing Committees (DLCs), Licensing inspectors, and councils' alcohol regulatory functions more broadly.
The Current Law
The Sale and Supply of Alcohol Act 2012 (the Act) specifies four days as restricted trading days: Anzac Day morning, Good Friday, Easter Sunday, and Christmas Day. It sets the national rules for the sale and supply of alcohol in or from licensed premises on those days.
A person or business may only sell or supply alcohol if they hold one of four types of alcohol licence. An on-licence allows the sale or supply of alcohol for consumption on the premises, while an off-licence allows it to be taken off the premises (and can include bottle stores, supermarkets, or delivery). A special licence allows the sale or supply of alcohol at certain events. Under a club licence, the sale and supply of alcohol for consumption on the premises is permitted, but generally only to club members, their guests, and reciprocal club members — the Royal New Zealand Returned and Services' Association (RSA) being one example of a club.
For all types of licence trading on restricted trading days is prohibited or limited, although RSAs operating on club premises have greater leeway on Anzac Day.
What the Bill Proposes
On-Licences: Restrictions Removed
The Bill repeals section 47 of the Act that deals with the sale and supply of alcohol on restricted trading days for holders of an on-licence. Licensed businesses already permitted to open on the specified days will be allowed to sell alcohol under their usual licence conditions. This includes removing the requirement that alcohol may only be served to people dining or lodging at on-licensed premises.
The default restriction on the sale and supply of alcohol on Anzac Day morning, Good Friday, Easter Sunday, and Christmas Day by holders of on-licences will be removed. In practice, this means restaurants, bars, and other on-licensed premises that are legally permitted to open would be able to trade in alcohol under their standard conditions, without needing a special licence.
Off-Licences: Restrictions Largely Retained
The Justice Committee recognised submitters' concerns about the potential increase in alcohol-related harm and therefore considered that the existing off-licence restrictions should be retained.
However, the Bill extends the existing Easter Sunday exemption for cellar door sales to the other restricted trading days (Good Friday, Christmas Day, and Anzac Day morning). This exemption applies to producers and growers of grape wine or fruit or vegetable wine, provided the wine is made on the premises or from produce harvested from the land on which the premises are situated.
RSAs: Able to Serve the General Public on Anzac Day Morning
The Act currently enables licensed RSA clubs to open between 4 am and 1 pm on Anzac Day, despite any local alcohol policy or individual licence conditions that would otherwise prevent them from doing so. But club-licensed premises must generally have a special licence to sell and supply alcohol to non-authorised customers. Authorised customers are club members, their guests, and reciprocal club members.
The Bill will allow RSAs to serve the general public from 4 am to 1 pm on Anzac Day, enabling them to invite members of the public to join members for a drink.
A duty manager must be on site during the hours that members of the public are on the premises on Anzac Day.
Transitional Arrangements
These changes will affect conditions on some existing licences.
- For on-licences, any condition imposed before the commencement date that provides that no alcohol is to be sold or supplied on the premises on Good Friday, Easter Sunday, or Christmas Day, or before 1 pm on Anzac Day, will cease to have effect.
- For off-licences, any condition imposed before the commencement date that prohibits the sale on or delivery from the premises, on Good Friday, Christmas Day, or before 1 pm on Anzac Day, of grape wine or fruit or vegetable wine made on the premises or from produce harvested from land on which the premises are situated, will cease to have effect.
- For club licences for RSAs, any condition imposed before the commencement date that provides that no alcohol is to be sold or supplied to persons other than authorised persons for consumption on the premises during the hours from 4 am to 1 pm on Anzac Day, will cease to have effect.
Changes to Regulations and Licence Forms
The Bill also amends the Sale and Supply of Alcohol Regulations 2013, updating the standard forms for on-licences and off-licences by revoking the references to the restricted day conditions in those forms.
Implications for Local Government
Councils should note the following practical points:
- District Licensing Committees will need to be aware that, upon commencement, existing licence conditions restricting trading on the four days will automatically cease to have effect to the extent they are inconsistent with the new law — no formal variation process will be required.
- Local alcohol policies (LAPs) generally will not be affected in terms of the off-licence trading restrictions, which are being retained. However, any LAP provisions relating to on-licence trading hours on restricted days may become redundant in practice, as the national default position will now allow trading. Councils may wish to consider whether their LAPs require review.
- RSA licensing considerations: RSAs operating under club licences will be able to serve the general public from 4 am to 1 pm on Anzac Day without a special licence. This will reduce the need for annual special licence applications to DLCs from RSAs for Anzac Day services — a meaningful reduction in administrative burden for both RSAs and licensing agencies.
- Duty manager requirements: RSA club-licensed premises serving the general public on Anzac Day morning will now be required to have a certified duty manager on duty. Councils and licensing inspectors should be prepared to monitor compliance with this new requirement.
- Enforcement clarity: The transitional provisions recommended by the Committee address what would otherwise have been a confusing period of inconsistent licence conditions — a welcome development for licensing inspectors and the Police.
Final comment
The Act is proposed to come into force on the day after Royal Assent. Councils and their licensing teams should begin considering the operational and policy implications now.
As always, the team at Tompkins Wake would be pleased to assist if required.
