Alcohol Control Bylaw

Submissions closed on 21 October 2024, 05:00 PM

Whangarei District Council logo.

The Alcohol Control Bylaw (the Bylaw) is a tool we can use to ban alcohol in public places where drinking has led to a high level of criminal or disorderly behaviour.

Public places include areas like streets, parks and beaches, but do not include licensed premises like bars and restaurants.

Under the law, any alcohol ban in a public place must be:

  • proportionate to alcohol-related crime and disorder experienced in that place
  • a reasonable limit on people’s rights and freedoms.

From December 2023 to February 2024 as part of the Alcohol Control Bylaw review, we asked for feedback on alcohol ban areas from key stakeholders, including the Police.

For this consultation, we proposed a few amendments to the Bylaw and we wanted to hear whether you thought we had struck the right balance. These included: 

  • expanding the city centre alcohol ban to include the carparks at Okara Shopping Centre, Cobham Oval and beneath the Te Matau a Pohe bridge
  • introducing a new alcohol ban at Tarewa Park
  • lifting the existing blanket coastal ban that applies to public places within 300m of the mean low-tide mark
  • reducing the alcohol bans at Oakura, Whananaki North, Whananaki South, Matapōuri / Whale Bay and Pataua North and South from 24 hours a day to 7pm to 7am
  • introducing new 7pm to 7am beach and foreshore alcohol bans in Bream Bay, from Marsden Point to Waipū Cove, and at Langs Beach.

Our Statement of Proposal sets out what we proposed and the reasons for it. We recommended you read it in full to understand the context and the limits to what the Alcohol Control Bylaw can do.

Statement of Proposal(PDF, 2MB)  

Hard copies of the Statement of Proposal were available at our Customer Service Centres.

Submissions closed 

Submissions closed at 5:00pm on Monday 21 October 2024. 

Making a submission

Anyone interested in the proposal could make a submission between 20 September 2024 and 21 October 2024.

Submissions could be made to Council using the submission forms that were available on this page.

Hard copy documents were available at our Customer Service Centres:

Te Iwitahi
9 Rust Avenue, Whangārei
Hours:  Monday to Friday – 8:00am to 4:30pm
Closed public holidays
Summer holiday closedown: Closed from 4:00pm on Tuesday 24 December 2024 and reopening at 8:00am on Monday 6 January 2025

Ruakākā service centre 
9 Takutai Place, Ruakākā
Hours:  Monday to Friday – 8:30am to 4:00pm
Closed public holidays
Summer holiday closedown: Closed from 4:00pm on Tuesday 24 December 2024 and reopening at 8:30am on Monday 6 January 2025

Service centre at isite
92 Otaika Road, Raumanga
Hours: Monday to Friday – 9:00am to 12:00pm and 12:30pm to 4:30pm
Closed public holidays

Please ensure that you provide appropriate contact details if you would like us to respond to you following the conclusion of the process.

All submissions are considered public under the Local Government Official Information and Meetings Act. Your name and feedback will be available to elected members and the public via our reports and website. All other personal details you provide will remain private.

The collection and use of personal information by Whangarei District Council is regulated by the Privacy Act 2020.

Privacy Statement

Your submission will not be returned to you once it is lodged with Council. Please keep a copy for your reference. 

FAQs

What is the Alcohol Control Bylaw for? 

Council can use the Bylaw to ban alcohol in public places where drinking has led to a high level of criminal or disorderly behaviour. 

What is meant by public places? 

Section 147(1) of the Local Government Act 2002 defines a public place as any area that is accessible to the public, like a beach, school grounds or a supermarket carpark. The definition does not include licensed premises like bars and restaurants. 

What is this Bylaw not about? 

The Bylaw is not about the location or number of licensed premises or the hours that alcohol is for sale. These things are regulated outside the Bylaw. 

Who enforces the Bylaw? 

Only Police Officers can enforce the Bylaw. 

What powers does the Bylaw give Police? 

Police can also search people’s belongings and vehicles for alcohol in an alcohol ban area. Police can also arrest people who are found to be in breach of the Bylaw. 

When can Council ban alcohol in public places? 

Under the law, any alcohol ban needs evidence that drinking in that place has led to a high level of crime or disorder.

What will happen with your feedback?

All feedback received will be provided to Council. Staff will also review and analyse the feedback received and provide this analysis to Council. Council will then deliberate on all the information provided and make a final decision on the proposal.