In the Pub On the Road Drinking and Driving
In a Public Liquor Ban Area

In the Pub

From 1 December 1999 you are not allowed to drink in a pub or nightclub until you are 18, unless you are with your parent or guardian in a supervised area of the pub (e.g. restaurant, family lounge, bar etc.) and they suppy the drink to you.

If the Police ask you for your name and age, tell them the truth. If you lie to them they will probably check it out and you could get into deeper trouble. They can charge you for giving false particulars (name, address and date of birth) or refusing to give your name, address and age which is just as serious as being in a pub under age.

If you are told by the Police or bar staff to leave the pub you should go. Do not go back into the pub or you would be committing another offence.

For more information see our information sheet “Young People & Alcohol”.


On the Road

You must stop or move your car off the road if a police officer or motorway support officer signals or tells you to. If the officer is in plain clothes ask to see identification. Do not take off in your car to escape the officer. If you do you commit an offence and may put your life and that of other road users at risk.

If a police officer tells you not to drive or takes your keys off you (usually for 8 – 12 hours), you shouldn't try to drive. You have to tell them your name and address as well as the name and address of the owner of the car.

If the officer is in “plain clothes” they must show you their police identification. If they can’t or won’t you do not have to listen to them. If the officer does show it to you then treat them as if they were in uniform.

If asked for your driver’s licence you must show it. It is an offence to get into a car that you know is stolen even if you didn't steal it. If you find that a car you are in is stolen you should get out as soon as you can even if it means a walk home.

If you have an accident, you must stop your vehicle to see if anyone is hurt (remember vehicles include cycles, skateboards and roller blades). You must help anyone who is injured.

If someone has been hurt you must report the accident to the Police within 24 hours unless you are hurt or the Police are at the scene of the accident.

If you damage anyone's vehicle or property you must give the driver or owner your name and address within 48 hours (and if the vehicle you were driving isn’t yours, the name and address of the owner of the vehicle). If you can't find them you must report the damage to the police.


Drinking and Driving

If you are stopped for drinking and driving don't refuse a breath test. If you refuse the officer can take you away to have an evidential breath test or a blood test.
For a driver with a full licence the breath alcohol limit is 400 micrograms of alcohol per litre of breath. You will first be asked to do a screening breath test. If that is below the limit you are free to go. If not you can be required to take an evidential breath test. If the reading is between 400 and 600 you have a right to a blood test to check the accuracy of the breath test. However unless you are just over the legal breath alcohol limit or you are sure the breath test is faulty it is not a good idea to ask for a blood test because the result is usually higher than the result of a breath test.

You can ask to speak to a lawyer before any evidential breath test or blood test and you must be given a reasonable opportunity to get hold of a lawyer.

For drivers under the age of 20 the limit is 150 micrograms of alcohol per litre of breath compared with 400 micrograms if you are over 20 years old. The limit is less than half that of an adult so it is probably safer not to drink and drive at all. If you are over the limit and it is your first or second offence you are likely to be fined and disqualified for at least 6 months from driving.

You could also be imprisoned - this is especially likely if you have an accident and injure someone when you are over the limit. If you re-offend a third time you can be disqualified from driving for at least 1 year.

For more information on driving offences see our information sheet "Road Rules".


In a Public Liquor Ban Area

The Local Government Act 2002 gives Council the power to control the consumption and possession of liquor in public places. The Council can use this power generally, to create on-going liquor bans in public places, or to ban liquor for one-off special events or occasions in public places.

The aim of this is to control the consumption of alcohol in those public places where Council is concerned that the possession of liquor in the public place, whether generally or over a specified period may result in disorderly behaviour and criminal offending.

The liquor bans prohibit people from bringing, carrying or drinking alcohol in public places within a ban area. This includes the possession or drinking of alcohol in vehicles within ban areas.

Liquor bans do not cover private property or licensed premises, including any outdoor pavement seating attached to licensed premises.

Alcohol may also be carried through ban areas to and from private homes and licensed premises as long as the alcohol is promptly taken from the ban areas.

There are specified ban hours for each liquor ban area, normally it is between 10pm and 8am during daylight saving, and between 8pm and 8am outside daylight saving, seven days a week. However, some areas such as the Auckland Central (CBD) has a liquor ban in place 24 hours a day, seven days a week.

The police are responsible for enforcing these liquor bans.


Powers of the Police

It is an offence to knowingly disobey the liquor ban. The police can arrest you if you commit an offence against the liquor ban, or if they have reasonable cause to suspect that you have done so.

If you are drinking alcohol in a public place within the ban area, the police may give you the opportunity to tip it out and warn you, if you fail to comply with that request they may arrest you.

The police can search containers (such as a bag) in the possession of any person in a liquor ban area or any vehicle there, for the purpose of ascertaining if alcohol is present. They do not need a search warrant to do this.

The police will not target people carrying alcohol to a BYO restaurant to have it with a meal or going to a residential address within the liquor ban area.

The police can confiscate alcohol as evidence if an arrest is made. Legislation allows the police to impose a maximum penalty of $20,000.

[ss 169 & 170 Local Government Act 2002]


Your Rights

In most cases, people will be given the opportunity by the police to leave the area or tip their alcohol out before they or their car are searched. If you find yourself in this situation, follow the police officer’s instructions to avoid any further trouble.

[s 147 Local Government Act 2002]


Do’s and Don’ts when Dealing with Public Liquor Ban

• If police find you with alcohol in a public liquor ban area, LISTEN and FOLLOW their instructions.
• Don’t argue with the police.
• Remember that a public place means any part of a public place, including a road.
• Don’t consume alcohol in a parked vehicle in a liquor ban area – this is also included within the liquor ban area.
• Don’t have with you any opened liquor bottles/cans when carrying alcohol to a BYO restaurant or going to a private residential address within the liquor ban area.
• Check the public liquor ban areas. Here is a link to public liquor ban areas in the Auckland City region. For liquor ban areas outside of Auckland, refer to your local district councils’ website.
• Check the public liquor ban times. Remember areas such as the Auckland Central (CBD) has a ban 24 hours, seven days a week.

Going to Court

You can either enter “no plea” the first time you are in court. In the week or two that you are then given by the court you can get a copy of your police file from the police and get legal advice. Check with the court if you can get legal aid or see the duty solicitor on the day of your case. See our information sheet “Court” for more information.


Complaints

If you feel that the Police have treated you badly you should ask to speak to a lawyer or to the senior sergeant at the station. If you are hurt or ill you should ask to see a doctor straight away. If you have any marks or bruises you should see a doctor and ask them to make a note of them. Get a friend to take a colour photograph of any injuries.


If the Police have threatened you, heavied you or hit you, you should write down (or get someone else to write down) full details as soon as you can before you forget. If the Police do breach your rights tell your lawyer or a duty solicitor or make a police complaint later, rather than argue with the police at the time.

If you want to make a formal complaint you should see YouthLaw Tino Rangatiratanga Taitamariki, a Community Law Centre, a lawyer, Citizens Advice Bureau or other advice agency.

They can help you make a complaint to the Police Complaints Authority. The Police Complaints Authority will investigate your complaint and let you know of the outcome (Free phone 0800 503 728). PO Box 5025, Wellington. You can contact them yourself if you prefer.