How old do I have to be to go into a pub?
How old do I have to be to buy an alcoholic drink?
Who is a guardian?
Can someone over 18 buy alcohol to give to me?
How old do I have to be to go to a nightclub?
Can I work in a pub or nightclub if I’m under 18?
What if the owner of a pub or nightclub won’t serve me or asks me to leave?
How do I get an 18-plus card?
Can the police ask for proof of my age in a pub?
What will happen to me if I get caught buying alcohol in a pub under age?
What will happen to me if I get caught under age in the pub?



How old do I have to be to go into a pub?

It depends on your age and where you want to go.

If you are:

• 18 or over: You can go into any pub and any area of a pub, by yourself.
• Under 18: It depends on whether you are on ‘designated premises’ (either a “restricted area” or
  “supervised area”) or in an ‘undesignated area’.

Undesignated areas:

You can be in an undesignated area at any age, without having an adult with out. Many places where alcohol is sold, such as supermarkets, are undesignated areas; usually, pubs and bars are not.

Designated areas:


Most places where alcohol is sold are called ‘designated premises’. These are divided into “restricted areas” and “supervised areas”:

• Restricted Area: You can't go into a restricted area if you are under 18.
• Supervised Area: A supervised area can be a pub,a restaurant, or even a family lounge. You can only go into a supervised area if you are with your parent or legal guardian.

It is not always possible to tell whether you are in a “restricted area” or “supervised area” just by looking, but all licensed premises must have their licence hanging up near the entrance. This will tell you which areas are restricted and which supervised.

It is important that you know what kind of area you are in, otherwise you could end up breaking the law without even realising it. If you are not sure, ask someone working in the pub or restaurant.

If you are caught in a restricted area underage,or in a supervised area without a legal guardian,you are breaking the law and could be fined up to $2000.

For information about what will happen if you are caught and you are between 14 and 16, see "What will happen to me if I get caught buying alcohol in a pub under age?" later on this page.

How old do I have to be to buy an alcoholic drink?


It is not against the law to drink alcohol if you are underage, but it is against the law to buy alcohol underage.
It depends on your age. If you are:

18 or over: You can buy alcohol.


Under 18: You cannot buy alcohol, but depending on what area you are in and whether your parent or
guardian is with you, you can drink it with them.

• Undesignated area

If you are under 18 in an undesignated area, you cannot buy alcohol. However, you can drink it, if it is purchased by your parent or guardian.

• Designated areas:

if you are in a designated area and are under 18 years old:

Restricted area: You can't buy a drink

Supervised area: You can’t buy alcohol in a supervised area but you can drink it if you are with your parent guardian and they supply the alcohol to you. It is not against the law to drink alcohol if you are underage but it is against the law to buy alcohol underage.

If you buy alcohol underage you could be fined up to $2000. For information about what will happen if you are between 14 and 16 see "What will happen to me if I get caught buying alcohol in a pub under age?" later in on this page.

Who is a guardian?

A guardian is not a friend or someone who is looking out for you, but someone who has lawful custody of you (e.g. Someone appointed by the court to take care of you).

Can someone over 18 buy alcohol to give to me?

No offence is committed if your parent or guardian, or someone who is attending a private social gathering buys you a drink. It is against the law for anyone else to buy you a drink. If they do buy alcohol for you they could be fined up to $2000.

This means that if a 21 year old takes his 17 year old girlfriend to the pub, goes into a supervised area and buys her a glass of wine they are both committing criminal offences.

She is breaking the law by being in the pub and he is breaking the law by buying her a drink.

[s160 Sale of Liquor Act 1989]

How old do I have to be to go to a nightclub?

This depends on the nightclub's licence and ‘house rules’. You should check what the nightclub's licence says about drinking.

Some nightclubs don’t let people below a certain age (e.g. 18) go in at all. Other nightclubs allow you and your friends to go in where you‘re under 18, but only to dance, and won’t let you drink alcohol.

Can I work in a pub or nightclub if I’m under 18?

If you are under 18:

In a restricted area:

• You can not sell or serve alcohol but you can do anything else - for example, prepare food, stock-take,clean etc. The pub owner maybe fined up to $2000 if they allow you to sell alcohol.

In a supervised area:

• You can sell or serve alcohol

If you are an entertainer performing in a pub you can do so if you are 18 or over in either restricted or supervised areas.

If you are under 18 you can’t perform at all in a restricted area and can only perform in a supervised area if accompanied by a parent or guardian. You can perform in an undesignated area.

[s161 Sale of Liquor Act 1989]

What if the owner of a pub or nightclub won’t serve me or asks me to leave?

If they won’t serve you because they think you’re under age and you aren’t you should show them some proof of your age with a photo on it. This is known as an “evidence of age document” and can be your drivers licence, a New Zealand or overseas passport or an 18-plus photocard issued by the Hospitality Association.

However, the owner of a pub or nightclub is allowed to ask you to leave at any time without giving you a reason. If this happens it’s probably better to go without arguing. If you argue with the owner your friends might get involved too and there could be trouble and bouncers may get involved.

If you think the owner wouldn’t let you in, refused to serve you or asked you to leave because of your race or colour you should complain to the Race Relations Conciliator or Human Rights Commission.

It is illegal for anyone to discriminate against you on the grounds specified in the Human Rights Act which include race, colour, sexual orientation (i.e. if you’re heterosexual, homosexual, lesbian or bisexual) or because you have HIV/AIDS etc.

If you are discriminated against in a pub or nightclub for any of these reasons you can complain to the Human Rights Commission.

For more details on complaints about discrimination see our information sheet on ‘Young People and Discrimination’.

How do I get an 18-plus card?

You can get an application form from a Post Shop or through www.alcohol.org.nz . You have to sign a statutory declaration and show them documents to prove you are over 18. The card costs $20.

Can the police ask for proof of my age in a pub?

Yes. The police can go into a pub or nightclub at any time and ask anyone for their name, age and date of birth. If a police officer thinks you’re under age they will probably ask for proof of your age (eg drivers licence or 18-plus card).

It is advisable to co-operate with the police. If you try to give false details and the police find out you have been lying it will be worse for you.

Firstly, if you don’t answer the police’s questions or give the police false information you are committing a criminal offence. The maximum fine for not giving the police your name, age and address or giving false details is $1000.

In addition the police will be annoyed with you for messing them around and will be more likely to charge you with being in the pub under age and/or under age drinking.

If you are old enough to be in a pub, it is a good idea to carry an evidence of age document as it will show police right away that you are old enough to be there.

What will happen to me if I get caught buying alcohol in a pub under age?

If you are polite and co-operative with the police, it’s the first time you’ve been caught drinking in a pub, you’re not drunk or causing trouble and you’re approaching the age limit, you might get away with a warning.

If the police do decide to lay charges against you for buying alcohol under age you would go to the Youth Court, if you are between 14 and 16. If you admit the charge a Family Group Conference (FGC) will be called and you and your family will talk about how you should be dealt with (this could be community service, paying a fine etc).

Once a decision has been made you all go back to the Youth Court for the Judge to be told what your family has decided. S/he will tell you whether or not that s/he agrees that is how you are to dealt with.

You may instead go straight to an FGC.

If you deny the offence the matter will be resolved at a defended hearing at the Youth Court following the FGC. You will have a Youth Advocate (your own free lawyer) to represent you at court.

If you get caught when you are 17 or older and the police decide to prosecute you would be taken to the adult District Court where the maximum fine for this offence is $2000.

What will happen to me if I get caught under age in the pub?

If you get caught in a restricted area or supervised area under age and you are between 14 and 16 you will also be dealt with by the Youth Court.

If you are 17 or over you will be given an Infringement Offence Notice (a bit like a traffic ticket). You would need to write to the District Court saying whether you are pleading guilty or not guilty.

If you want to plead not guilty you will need to go to court. Usually the matter is dealt with by a JP (Justice of the Peace) and you could be fined up to $500.00.



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