Licensing trust

{{Short description|Community-owned company with a government-authorised monopoly}}

{{Use dmy dates|date=May 2019}}

{{Use New Zealand English|date=September 2024}}

{{More citations needed|date=March 2022}}

Under New Zealand law, a licensing trust is a community-owned company with a government-authorised monopoly on the development of premises licensed for the sale of alcoholic beverages and associated accommodation in an area. This applies to both on-licence and off-licence sales.

The Invercargill Licensing Trust (ILT) in 1944 was the first such body, and remains the highest profile example. Most other trusts have been small by comparison, but several have now created a jointly-owned management company, [https://web.archive.org/web/20140714133127/http://www.trusthouse.co.nz/cms/page.php?view=our-structure Trust House Limited], and the assets and payouts of this are very similar to that of the ILT.

The uniqueness of licensing trusts revolves around:

  • A responsibility to enhance the well-being of their defined community;
  • The distribution of (surplus) profits back to their communities;
  • The provision of good, model facilities for the sale of alcohol, the provision of accommodation and meals, and gaming;{{efn|Some trusts have broadened their business interests from the original alcohol-related activities. Supermarkets, housing, energy generation and property landlords are some of the ‘modern’ businesses. Gaming, a ‘sensitive’ product like alcohol, was added in the early 1990s. Sensitive in this sense means a service that should be provided with controls.}}
  • Accountability to the communities who own them.

In addition, there is an inherent responsibility to efficiently operate commercial businesses profitably.

Licensing trusts belong to the family of community enterprises that are part of the third sector,{{efn|The market economy, non-market economy where the principle of redistribution is governed by the welfare state, and the civil and solidarity-based economy are generally regarded as the three sectors. The latter has a number of names: the civil society, the non-profit sector, the social/solidarity based economy…}} a hybrid form of organisation that crosses over sectors, a mixture of market orientation and solidarity (community support). They may be defined as businesses whose primary goals are to support the well-being of their community principally through reinvesting profits generated from their trading activities either in the business and/or in support of community activities, rather than being driven to maximise profits.

The only "essential" liquor outlets allowed to stay open during the COVID-19 pandemic were the ones in "Trust" areas where they had a monopoly on liquor sales and local supermarkets could not sell beer or wine.{{cite news |first=Denise |last=Piper |url= https://www.stuff.co.nz/national/health/coronavirus/120518508/coronavirus-no-need-to-stock-up-on-beer-and-wine--its-considered-essential |title=No need to stock up on beer and wine – it's considered essential |work= Stuff |date=24 March 2020 | accessdate=27 March 2020}}

History

=Context=

In the early history of New Zealand, living conditions were often difficult, and hard drinking and the often consequential drunkenness can be seen as a reaction to the times. Abuses, which were common during the nineteenth century, inevitably brought increasing restrictions through legislation.

These abuses gave rise in the late 1800s to the temperance and prohibition movements.[http://www.teara.govt.nz/en/1966/prohibition "PROHIBITION:The Movement in New Zealand"], 1966, An encyclopaedia of New Zealand

In 1893, the Alcoholic Liquors Sale Control Act aligned licensing districts with parliamentary electorates.{{cite encyclopedia|title=PROHIBITION: The Act of 1893|url=http://www.teara.govt.nz/en/1966/prohibition/4|encyclopedia=The Encyclopedia of New Zealand|publisher=Manatū Taonga Ministry for Culture and Heritage|accessdate=11 June 2012|author=A. H. McLintock|date=1966}} Licensing polls were to be held with each general election. There were now three options to choose from. These were "continuance of the status quo", reduction of the number of liquor licences by 25 percent, and "local no-licence" which would prevent public sale of alcohol within that electorate. Continuance and reduction only needed a majority, but local no licence needed three-fifths majority.

What resulted was that a number of areas voted for a prohibition on alcohol sales. Clutha was the first in 1894, Ashburton and Mataura followed in 1902, Invercargill, Oamaru, and Grey Lynn in 1905, and Bruce, Wellington South, Wellington suburbs, Masterton, Ohinemuri and Eden in 1908. 1911 saw the peak of the prohibition movement when it failed by only 20,000 votes to carry national prohibition. Thereafter the strength of the prohibition movement faded. But it was 1999 before the last "dry" areas disappeared.[http://www.teara.govt.nz/en/liquor-laws/page-4 "By 1999 the last remaining dry suburbs had voted ‘wet’ under the new rules."], "Liquor laws", Te Ara

=Emergence of licensing trusts=

On 25 September 1943 the voters of Invercargill, by 8,015 votes to 6,342, restored the sale of liquor within the borough. Prohibition had existed for 38 years and the voting, on the face of it, was apparently a clear indication there was a mood for change. But controversy immediately arose. The 60% threshold necessary to achieve change had only been achieved with the overwhelming support (81.5%) of the soldiers’ votes overseas. The ‘domestic’ vote had been similar to the previous triennial polls at 56.8%. There were suggestions that the voting papers of the soldiers should be returned to New Zealand and recounted. But it was found they had been destroyed in the Middle East. While a good deal of inferences were thrown about, and the Prime Minister, Peter Fraser, offered explanations and a report to Parliament, there was no evidence that what had occurred in destroying the papers was anything other than a misunderstanding. Given the circumstances of the soldiers, it was entirely reasonable that they would give overwhelming support.

In Invercargill there was a mood of enthusiasm to start anew, but there were also considerable concerns. In the end because the community could not make up its mind, the Government decided. On 27 March 1944 the Government announced that they intended to pursue legislation that would set up a trust that would be "...a body corporate, for the purpose of providing for the establishment of model hotels in the Invercargill licensing district …in the interests of the public well-being, and of providing for the sale of intoxicating liquor in the district and to provide for the distribution of the profits for public purposes."

The New Zealand parliamentary debates during the introduction of the first licensing trust legislation suggest the New Zealand legislation was based on the British "Carlisle Scheme" that had been established during the First World War on the Scottish border,For a definitive treatment of the scheme see Olive Seabury (2007), The Carlisle State Management Scheme. Bookcase. but there were also significant differences.{{citation needed|date=June 2014}}. Rex Mason was Minister of Justice from 1935 to 1949 (and again from 1957 to 1960) and responsible for the licensing legislation. He shepherded the licensing trusts acts through Parliament, and was strongly committed to the concept of licensing trust.

The Invercargill Licensing Trust Act 1944{{cite web |title=Invercargill Licensing Trust Act 1944 (8 GEO VI 1944 No 4) |url=http://www.nzlii.org/nz/legis/hist_act/ilta19448gv1944n4395/ |website=www.nzlii.org |access-date=7 August 2022}} came into force on 17 April 1944. The Masterton Licensing Trust Act followed in December 1947,

{{cite web|url=http://www.nzlii.org/nz/legis/hist_act/mlta194711gv1947n35374/ |title= Masterton Licensing Trust Act, 1947 |publisher= New Zealand Law online |date=1947 }} and the Licensing Amendment Act (with provision for a further poll on trust control) {{cite web|url=http://www.nzlii.org/nz/legis/hist_act/laa19491949n31211/ |title= Licensing Amendment Act, 1949 |publisher= New Zealand Law online |date=1949 }} in 1949.

Trusts established and demised

30 licensing trusts were established, and 18 remained active as of 2017:{{cite news |last1=du Fresne |first1=Karl |title=Licensing trusts: Glass half full or empty? |url=https://www.stuff.co.nz/life-style/food-wine/drinks/97816685/licensing-trusts-glass-half-full-or-empty |access-date=7 August 2022 |work=Stuff |date=12 October 2017 |language=en}}{{cite web |last1=Dunn |first1=Sarah |title=Trust the process: Is there still a place for liquor licensing trusts? |url=https://theregister.co.nz/2019/09/12/trust-process-there-still-place-liquor-licensing-trusts/ |website=The Register |access-date=7 August 2022 |date=12 September 2019}}{{cite journal |last1=Teahan |first1=Bernard |title=Lincensing Trusts in New Zealand |journal=Policy Quarterly |date=February 2018 |volume=14 |issue=1 |pages=68–73 |doi=10.26686/pq.v14i1.4754 |url=https://www.victoria.ac.nz/__data/assets/pdf_file/0011/1347257/PQ14-1-Teahan.pdf |access-date=7 August 2022}}

{{table|sort}}
style="vertical-align:top; text-align:center;"

!Licensing trust

!Date established

!Date disestablished

!Note

Ashburton

|1949{{cite web |title=Licensing Trusts Act 1949 (1949 No 43) |url=http://www.nzlii.org/nz/legis/hist_act/lta19491949n43242/ |website=www.nzlii.org |access-date=7 August 2022}}

|2021

|Converted into a community trust{{cite web |title=Sale and Supply of Alcohol (Vesting of Undertaking of Ashburton Licensing Trust in Braided Rivers Community Trust) Order 2021 (LI 2021/142) – New Zealand Legislation |url=https://legislation.govt.nz/regulation/public/2021/0142/15.0/whole.html |website=legislation.govt.nz |access-date=15 August 2022}}{{cite web |title=About Us |url=https://braidedriverscommunitytrust.co.nz/about-us |website=Braided Rivers Community Trust Ashburton |access-date=15 August 2022 |language=en-gb}}

Birkenhead

|1967

|

|

Clutha

|1955{{cite web |title=Clutha Licensing Trust Order 1955 (SR 1955/186) (as at 28 October 1955) – New Zealand Legislation |url=https://www.legislation.govt.nz/regulation/public/1955/0186/4.0/whole.html |website=www.legislation.govt.nz |access-date=7 August 2022}}

|

|

Geraldine

|1949

|

|

Invercargill

|1944{{cite web |title=Invercargill Licensing Trust Act 1950 (1950 No 33) |url=http://www.nzlii.org/nz/legis/hist_act/ilta19501950n33342/ |website=www.nzlii.org |access-date=7 August 2022}}

|

|

Johnsonville

|1969

|2005

|{{cite news |last1=Chipp |first1=Jim |title=$7m Johnsonville private trust queried |url=http://www.stuff.co.nz/dominion-post/news/local-papers/the-wellingtonian/2962868/7m-Johnsonville-private-trust-queried |access-date=6 August 2022 |work=Stuff |date=15 October 2009 |language=en}}

Masterton

|1947{{cite web |title=Masteron Licensing Trust Act 1947 (11 GEO VI 1947 No 35) |url=http://www.nzlii.org/nz/legis/hist_act/mlta194711gv1947n35374/ |website=www.nzlii.org |access-date=7 August 2022}}

|2016

|Converted into a community trust{{cite web |title=Sale and Supply of Alcohol (Vesting of Undertaking of Masterton Licensing Trust in Masterton Community Trust) Order 2016 (LI 2016/86) – New Zealand Legislation |url=https://www.legislation.govt.nz/regulation/public/2016/0086/6.0/whole.html#d56e43 |website=www.legislation.govt.nz |access-date=15 August 2022}}

Mataura

|1955{{cite web |title=Mataura Licensing Trust Order 1955 (SR 1955/187) (as at 28 October 1955) – New Zealand Legislation |url=https://www.legislation.govt.nz/regulation/public/1955/0187/latest/whole.html |website=www.legislation.govt.nz |access-date=7 August 2022}}

|

|

Mount Albert

|1972{{cite web |title=Mount Albert Licensing Trust Dissolution Act 1986 No 9 (as at 03 June 2017), Public Act – New Zealand Legislation |url=https://legislation.govt.nz/act/public/1986/0009/6.0/whole.html |website=legislation.govt.nz |access-date=7 August 2022}}

|1986

|Area subsumed into the Portage Licensing Trust area

Oamaru

|1961{{cite web |title=Oamaru Licensing Trust Order 1961 (SR 1961/145) (as at 01 August 2016) – New Zealand Legislation |url=https://www.legislation.govt.nz/regulation/public/1961/0145/latest/whole.html? |website=www.legislation.govt.nz |access-date=7 August 2022}}

|

|

Porirua

|1955{{cite web |title=Porirua Licensing Trust District Order 1955 |url=http://www.nzlii.org/nz/legis/num_reg/pltdo1955416/ |website=www.nzlii.org |access-date=7 August 2022}}

|2007

|Converted into a community trust{{cite web |title=Sale of Liquor (Vesting of Porirua Licensing Trust's Undertaking in Porirua Community Trust) Order 2007 (SR 2007/40) (as at 02 March 2007) – New Zealand Legislation |url=https://legislation.govt.nz/regulation/public/2007/0040/latest/whole.html? |website=legislation.govt.nz |access-date=7 August 2022}}

Portage

|1972

|

|

Terawhiti

|1975

|?

|Dissolved

Stokes Valley

|1971{{cite web |title=The Stokes Valley Licensing Trust Constitution Notice 1970 |url=http://www.nzlii.org/nz/other/nz_gazette/1971/5.pdf |website=www.nzlii.org |publisher=New Zealand Gazette |access-date=7 August 2022}}

|1971

|Dissolved later that same year{{cite web |title=Stokes Valley Licensing Trust Revocation Notice 1971 |url=http://www8.austlii.edu.au/nz/other/nz_gazette/1971/17/16.pdf |website=www8.austlii.edu.au |publisher=New Zealand Gazette |access-date=7 August 2022}}

Waitākere

|1972

|

|

Wellington South

|1972{{cite web |title=Sale of Liquor Act 1989 No 63 (as at 20 December 2010), Public Act |url=https://legislation.govt.nz/act/public/1989/0063/13.0/DLM167912.html |website=legislation.govt.nz |access-date=7 August 2022}}

|2001

|Ceased operating in 1998{{cite web |title=Local History {{!}} Wellington South Licensing Trust |url=https://newtown.org.nz/local-history/ |website=newtown.org.nz |publisher=Newtown Resident's Association |access-date=7 August 2022 |language=en |date=20 August 2017}}{{cite web |title=Review of Licensing Trusts |url=https://oag.parliament.nz/2003/2001-02/docs/part4.pdf |website=oag.parliament.nz |publisher=Office of the Auditor-General |access-date=7 August 2022}}

Cheviot

|1954

|

|

Flaxmere

|1975

|

|

Hawarden

|1970

|

|

Hornby

|1958

|?

|Dissolved

|Mount Wellington

|1952{{cite web |title=Licensing Trust District Boundaries |url=https://www.lgc.govt.nz/assets/Licensing-Trust/Licensing-Trust-District-Boundaries.pdf |website=www.lgc.govt.nz |publisher=Local Government Commission |access-date=7 August 2022}}

|

|

Orewa

|1970

|?

|Dissolved

Otara

|1969

|?

|Dissolved

Otumoetai

|1971

|1998

|

Papatoetoe

|1968

|2006

|{{cite web |title=Papatoetoe Community to benefit again |url=https://www.infonews.co.nz/news.cfm?id=59333 |website=www.infonews.co.nz |access-date=7 August 2022}}

Parakai

|1969

|2013

|Converted into a community trust{{cite web |title=Sale of Liquor (Vesting of Undertaking of Parakai Licensing Trust in Parakai Community Trust) Order 2013 (SR 2013/137) – New Zealand Legislation |url=https://legislation.govt.nz/regulation/public/2013/0137/latest/whole.html? |website=legislation.govt.nz |access-date=7 August 2022}}

Pokeno

|1974{{cite web |title=Sale of Liquor Amendment Act 1994 No 61, Public Act 4 Dissolution of Pokeno Licensing Trust |url=https://legislation.govt.nz/act/public/1994/0061/latest/DLM332576.html |website=legislation.govt.nz |access-date=7 August 2022}}

|1994

|

Rimutaka

|1970

|

|

Te Kauwhata

|1968

|

|

Wainuiomata

|1968

|2013

|Ceased operating around 2003, and dissolved by court order in 2013{{cite web |title=Part 3: Challenges for licensing trusts |url=https://oag.parliament.nz/2014/licensing-trusts/part3.htm |website=oag.parliament.nz |publisher=Office of the Auditor-General New Zealand |access-date=7 August 2022 |language=en}}

Wiri

|1969

|

|

While not all licensing trusts have survived,{{efn|Though the failure rate has been no more than that of private enterprise companies}} the 19 that continued to actively trade in 2008 held assets of NZ$313 million, generated revenue of $357m, profits of $42m, and donated support to their community of $33m.{{citation needed|date=June 2014}} The collective results of the trusts were presented to the Law Commission in October 2009 as part of a submission,Alcohol in Our Lives Issues Paper; Submission by 19 Licensing Trusts in New Zealand. 27 October 2009. and showed that licensing trusts at that time operated 133 licensed premises which include hotels totalling 890 accommodation units, and such diverse activities as supermarkets, a housing estate, a hydro-electric power scheme, and property portfolios.

Poor management and governance have been identified as the main reasons for the demise of many of the now dissolved licensing trusts.

Elections and accountability

The functions of a Licensing Trust are specified in Section 305 of the "Sale and Supply of Alcohol Act" of 2012.{{cite web|url= http://www.legislation.govt.nz/act/public/2012/0120/latest/DLM3339837.html |title= Sale and Supply of Alcohol Act, 2012 |publisher= New Zealand Legislation online |date= 2012}}

Trustees for each licensing trust are elected by the community every three years at the triennial local government elections. Generally six trustees are elected, but some trusts with a ward system may have up to nine. The elective nature of governance provides accountability and a direct link to the community. However, elections for the position of trustee are often poorly contested.{{cite news |last1=Kilgallon |first1=Steve |title=Licensing trusts still hold great power but who is holding them accountable? |url=https://www.stuff.co.nz/national/116427603/licensing-trusts-still-hold-great-power-but-who-is-holding-them-accountable |access-date=6 August 2022 |work=Stuff |date=10 October 2019 |language=en}}

Areas do not automatically vote on whether to keep trusts, if they have them, or to establish them if they do not. However, if the trust's board so resolve, or 15% of the electors in a trust area petition for it, a referendum will be held on whether to continue the trust. If 50% of electors vote to abolish it, the trust is disestablished and liquor sales revert to the rules that apply to most of the country.{{cite web|url=https://www.aucklandcouncil.govt.nz/licences-regulations/alcohol-bans-policies/Pages/licensing-trusts-west-auckland.aspx |title= Licensing Trusts in West Auckland |publisher= Auckland City Council |date= 2019 }}

The same process allows new licensing trusts to be created upon the petition of 15% of the electors in an area, and this would happen without any further referendum or input from the remaining 85% of electors. However, no new trusts have been established since the liberalisation of liquor laws in 1989.

Lincensing trusts are considered by the Office of the Auditor-General to be "probably the least scrutinised part of the public sector".{{cite web |title=Part 4: Oversight of licensing trusts |url=https://oag.parliament.nz/2014/licensing-trusts/part4.htm |website=Office of the Auditor-General New Zealand |access-date=6 August 2022 |language=en}}

As they are not listed with the Companies Office, the accounts of lincensing trusts are not able to be easily scrutinised by the public, and they have often been late in filing their accounts with the Auditor-General.

Further, as no central government agency, select committee or local authority has responsibility for monitoring them, there is no government department to which the public can raise complaints when they have issues with the trusts. The only means through which the public can oversee the trusts is by making a request under the Local Government Official Information and Meetings Act 1987.

Trustees

=Auckland=

Birkenhead Licensing Trust (2022–2025){{cite web |title=Meet the Trustees |url=https://www.birkenheadlicensingtrust.org/our-people |website=www.birkenheadlicensingtrust.org |publisher=Birkenhead Licensing Trust |access-date=15 August 2022}}{{cite web |title=Licensing trustee official results |url=https://www.aucklandcouncil.govt.nz/elections/elections-2022-results/Pages/results-licensing-trustees.aspx |website=www.aucklandcouncil.govt.nz |publisher=Auckland Council |access-date=16 October 2022 |language=en}}

class="wikitable"
Member(s)

!colspan="2" |Affiliation (if any)

Stuart Weir (President)

|bgcolor="mediumpurple" |

|Your Community Trust

Shane Prince (Deputy President)

|bgcolor="mediumpurple" |

|Your Community Trust

rowspan=2 |Paula Gillon

|bgcolor="mediumpurple" |

|rowspan=2 |Your Community Trust / Shore Action

bgcolor="{{party color|Shore Action}}" |
Alexander Croft

|bgcolor="{{party color|Shore Action}}" |

|Shore Action

Marilyn Nicholls

|bgcolor="mediumpurple" |

|Your Community Trust

Liz Hurley

|bgcolor="{{party color|New Zealand Labour Party}}" |

|Labour

Mount Wellington Licensing Trust (2022–2025){{cite web |title=Our People |url=https://www.mwlt.org.nz/people |website=www.mwlt.org.nz |publisher=Mount Wellington Licensing Trust |access-date=1 December 2022 |language=en}}

class="wikitable"
Member(s)

!colspan="2" |Affiliation (if any)

Troy Elliott (President)

| bgcolor="{{party color|Communities & Residents}}" |

|C&R – Communities and Residents

Tania Batucan

| bgcolor="{{party color|Communities & Residents}}" |

|C&R – Communities and Residents

Tabetha Elliott

| bgcolor="{{party color|Communities & Residents}}" |

|C&R – Communities and Residents

Michael Pepper

| bgcolor="{{party color|Communities & Residents}}" |

|C&R – Communities and Residents

Nerissa Henry

| bgcolor="{{party color|New Zealand Labour Party}}" |

|Labour

Tanner Vili

|bgcolor="{{party color|New Zealand Labour Party}}" |

|Labour

Portage Licensing Trust (2022–2025){{cite web |title=About Your Trusts |url=https://thetrusts.co.nz/about-your-trusts |website=thetrusts.co.nz |publisher=The Trusts |access-date=1 December 2022 |language=en-NZ}}

class="wikitable"
Member(s)

!Ward

!colspan="2" |Affiliation (if any)

Leanne Taylor (President)

|New Lynn

|bgcolor="{{party color|New Zealand Labour Party}}" |

|Labour

Rob Hulse

|New Lynn

|bgcolor="{{party color|Independent}}" |

|Independent

Marcus Amosa

|Auckland City

|bgcolor="{{party color|City Vision (Auckland political ticket)}}" |

|City Vision

Margi Watson

|Auckland City

|bgcolor="{{party color|City Vision (Auckland political ticket)}}" |

|City Vision

Mark Beavis

|Auckland City

|bgcolor="{{party color|City Vision (Auckland political ticket)}}" |

|City Vision

Joe Bergin

|Glen Eden

|bgcolor="gold" |

|Trusts Action Group

Jacqui Harema

|Glen Eden

|bgcolor="{{party color|Independent}}" |

|Independent

Ben Goodale

|Titirangi/Green Bay

|bgcolor="gold" |

|Trusts Action Group

Ross Clow

|Titirangi/Green Bay

|bgcolor="{{party color|Independent}}" |

|Independent

Darren Leckey

|Kelston West

|bgcolor="{{party color|Independent}}" |

|Independent

Waitākere Licensing Trust (2022–2025)

class="wikitable"
Member(s)

!Ward

!colspan="2" |Affiliation (if any)

Linda Cooper (President)

|Lincoln

|bgcolor="{{party color|Independent}}" |

|Independent

Warren William Flaunty (Deputy President)

|Lincoln

|bgcolor="{{party color|Independent}}" |

|Independent

Jared Patterson

|Lincoln

|bgcolor="gold" |

|Trusts Action Group

Amanda Roberts

|Te Atatū

|bgcolor="gold" |

|Trusts Action Group

Brooke Loader

|Te Atatū

|bgcolor="{{party color|New Zealand Labour Party}}" |

|Labour

Mark Allen

|Waitākere

|bgcolor=#74bd2f |

|Future West

Sunil Kaushal

|Henderson

|bgcolor="{{party color|Independent}}" |

|Independent

Wiri Licensing Trust (2022–2025){{cite web |title=About Your Trust |url=https://wiritrust.co.nz/trustees/ |website=www.wiritrust.org.nz |publisher=Wiri Licensing Trust |access-date=1 December 2022 |language=en}}

class="wikitable"
Member(s)

!colspan="2" |Affiliation (if any)

Brian Blake (Chair)

|bgcolor="gold" |

|Manurewa Action Team

Daniel Newman (Deputy Chair)

|bgcolor="gold" |

|Manurewa Action Team

Rangi McLean

|bgcolor="gold" |

|Manurewa Action Team

Joseph Allan

|bgcolor=#800080 |

|#LoveManurewa

Glenn Murphy

|bgcolor="gold" |

|Manurewa Action Team

Andrew Lesa

|bgcolor=#800080 |

|#LoveManurewa

=Waikato District=

Te Kauwhata Licensing Trust (2022–2025){{efn|The candidates for the trustees of the Te Kauwhata Licensing Trust were all returned unopposed in the 2022 local elections.{{cite web |title=Te Kauwhata Licensing Trust Elections Notice |url=https://www.waikatodistrict.govt.nz/news/public-notices/article/2022/08/16/te-kauwhata-licensing-trust-elections-notice |website=www.waikatodistrict.govt.nz |date=17 August 2022 |publisher=Waikato District Council |access-date=16 October 2022 |language=en-nz}}}}

class="wikitable"
Member(s)

!Affiliation (if any)

Ross Alexander Caird

|

Jo Gurnell

|

Gerald Wayne Jackson

|

Jo Mako

|

Liam McBride

|

Mohan Singh

|

=Hastings District=

Flaxmere Licensing Trust (2022–2025){{cite web |title=2022 Triennial Elections {{!}} DECLARATION OF RESULT |url=https://www.hastingsdc.govt.nz/assets/Document-Library/Democratic/Hastings-District-Council-2022-Triennial-Elections-Final-FPP-Result.pdf |website=www.hastingsdc.govt.nz |publisher=Hastings District Council |access-date=16 October 2022}}

class="wikitable"
Member(s)

!Affiliation (if any)

Martha Greening

|

Chrissy Hokianga

|

Bronwen Hopkins

|

Warwick Howie

|

Farley Keenan

|

Bert Lincoln

|

=Upper Hutt=

Rimutaka Licensing Trust (2022–2025){{cite web |title=2022 Triennial Elections {{!}} DECLARATION OF RESULT |url=https://www.upperhuttcity.com/files/assets/public/yourcouncil/elections/upper-hutt-city-council-2022-triennial-elections-final-fpp-result.pdf |website=www.upperhuttcity.com |publisher=Upper Hutt City Council |access-date=16 October 2022}}

class="wikitable"
Member(s)

!colspan="2" |Affiliation (if any)

Colleen Hilder

|bgcolor="{{party color|Independent}}" |

|Independent

Bruce Bold

|bgcolor="{{party color|Independent}}" |

|Independent

Tony Hewitt

|bgcolor="{{party color|Independent}}" |

|Independent

Tom Jones

|bgcolor="{{party color|Independent}}" |

|Independent

Sean Nearey

|bgcolor="{{party color|Independent}}" |

|Independent

Bob Hanlon

|bgcolor="{{party color|Independent}}" |

|Independent

=Hurunui District=

Cheviot Licensing Trust (2022–2025){{cite web |title=2022 Triennial Elections {{!}} DECLARATION OF RESULT |url=https://www.hurunui.govt.nz/repository/libraries/id:23wyoavbi17q9ssstcjd/hierarchy/Public_Services/Elections/2022%20General%20Election/Hurunui%20District%20Council%202022%20Triennial%20Elections%20-%20Final%20FPP%20Result.pdf |website=www.hurunui.govt.nz |publisher=Hurunui District Council |access-date=16 October 2022}}

class="wikitable"
Member(s)

!colspan="2" |Affiliation (if any)

Sue Harrison

|bgcolor="{{party color|Independent}}" |

|Independent

Kait Murray

|bgcolor="{{party color|Independent}}" |

|Independent

Geoff Denton

|bgcolor="{{party color|Independent}}" |

|Independent

Murray Crampton

|bgcolor="{{party color|Independent}}" |

|Independent

Steve Coleman

|bgcolor="{{party color|Independent}}" |

|Independent

Glen McNabb

|bgcolor="{{party color|Independent}}" |

|Independent

=Timaru District=

Geraldine Licensing Trust (2022–2025){{efn|The candidates for the trustees of the Geraldine Licensing Trust were returned unopposed in the 2022 local elections.{{cite web |title=2022 Local Elections – Final Results – Timaru District Council |url=https://www.timaru.govt.nz/news-and-events/latest-news/2022-local-elections-final-results |website=www.timaru.govt.nz |publisher=Timaru District Council |access-date=16 October 2022 |date=13 October 2022}}}}{{cite web |title=Geraldine Licensing Trust |url=https://geraldine.nz/business/geraldine-licensing-trust/ |website=geraldine.nz |date=30 August 2021 |publisher=Geraldine New Zealand |access-date=1 December 2022}}

class="wikitable"
Member(s)

!Affiliation (if any)

Nicky Donkers (Chair)

|

Dan Cummings

|

Jo Hewson

|

Ross MacLeod

|

John McGregor Simpson

|

Rosie Woods

|

=Waitaki District=

Oamaru Licensing Trust (2022–2025){{cite web |title=Meet Your Board |url=http://olt.co.nz/our-people-culture/meet-your-board/ |website=olt.co.nz |publisher=Oamaru Licensing Trust |access-date=15 August 2022 |language=en}}{{cite web |title=2022 Triennial Elections {{!}} DECLARATION OF RESULT |url=https://www.waitaki.govt.nz/files/assets/public/files/our-council/elections/2022-election-results/waitaki-district-council-2022-triennial-elections-final-fpp-result.pdf |website=www.waitaki.govt.nz |publisher=Waitaki District Council |access-date=16 October 2022}}

class="wikitable"
Member(s)

!colspan="2" |Affiliation (if any)

Ali Brosnan (Chair)

|bgcolor="{{party color|Independent}}" |

|Independent

Denise McMillan (Vice Chair)

|bgcolor="{{party color|Independent}}" |

|Independent

Peter James Bond

|bgcolor="{{party color|Independent}}" |

|Independent

John Bringans

|bgcolor="{{party color|Independent}}" |

|Independent

John Clements

|bgcolor="{{party color|Independent}}" |

|Independent

=Clutha District=

Clutha Licensing Trust (2022–2025){{cite web |title=Clutha Licensing Trust – Board |url=http://www.clt-trust.co.nz/our-board.html |website=www.clt-trust.co.nz |publisher=Clutha Licensing Trust |access-date=16 October 2022 |language=en}}

class="wikitable"
Member(s)

!Affiliation (if any)

Steve Morris (President)

|

Mike Cochrane

|

Sarah Hayward

|

Jason Lyders

|

Jared McPhee

|

=Gore District=

Mataura Licensing Trust (2022–2025){{cite web |title=Supporting the local MLT Community |url=https://www.mltgore.co.nz/exec--board.html |website=www.mltgore.co.nz |publisher=Mataura Licensing Trust |access-date=15 August 2022 |language=en}}{{cite web |title=2022 Election Results – Gore District Council |url=https://www.goredc.govt.nz/council/elections/vote-murihiku-southland-2022/2022-election-results |website=www.goredc.govt.nz |publisher=Gore District Council |access-date=16 October 2022}}

class="wikitable"
Member(s)

!Ward

!colspan="2" |Affiliation (if any)

Horace McAuley (President)

|1

|bgcolor="{{party color|Independent}}" |

|Independent

Bryan Burgess

|2

|bgcolor="{{party color|Independent}}" |

|Independent

Jimmy Allison

|2

|bgcolor="{{party color|Independent}}" |

|Independent

Craig Marshall

|2

|bgcolor="{{party color|Independent}}" |

|Independent

Brendon (Moe) Murray

|3

|bgcolor="{{party color|Independent}}" |

|Independent

Vince Aynsley (Deputy President)

|4

|bgcolor="{{party color|Independent}}" |

|Independent

Jeannine Cunningham

|5

|bgcolor="{{party color|Independent}}" |

|Independent

Marc Lindsay Robertson

|6

|bgcolor="{{party color|Independent}}" |

|Independent

Todd Lyders

|7

|bgcolor="{{party color|Independent}}" |

|Independent

=Invercargill=

Invercargill Licensing Trust (2022–2025){{cite web |title=The Board {{!}} ILT |url=https://www.ilt.co.nz/about-us/the-board |website=www.ilt.co.nz |publisher=Invercargill Licensing Trust |access-date=23 October 2022}}{{cite web |title=2022 Elections Final Results |url=https://icc.govt.nz/elections/2022-elections-final-results/ |website=icc.govt.nz |publisher=Invercargill City Council |access-date=16 October 2022 |language=en-nz}}

class="wikitable"
Member(s)

!colspan="2" |Affiliation (if any)

Paddy O'Brien (President)

|bgcolor="{{party color|Independent}}" |

|Independent

Angela Newell (Deputy President)

|bgcolor="{{party color|Independent}}" |

|Independent

Suzanne Prentice

|bgcolor="{{party color|Independent}}" |

|Independent

Graham Hawkes

|bgcolor="{{party color|Independent}}" |

|Independent

Sean Bellew

|bgcolor="{{party color|Independent}}" |

|Independent

Sheree Carey

|bgcolor="{{party color|Independent}}" |

|Independent

Community support donations

The original licensing trust legislation provided an enabling clause to donate moneys back to their communities in support of the promotion, advancement, or encouragement of education, science, literature, art, physical welfare, and any other cultural and recreational purposes;...(and) any other philanthropic purposes.Now section 189 of the Sale of Liquor Act 1989. Their annual reports example a very wide range of recipients across the broad spectrum of community life. The elected nature of trusts delivers trustees representative of the community with a wide knowledge of its needs. Each trust board decides what community organisations and events shall be supported, and donations are many and varied as exampled.

=Masterton Licensing Trust=

In 1968, the then Mayor of Masterton advocated to the Masterton Licensing Trust that the wasteland on the edge of the town, bordered by two rivers, be converted into a recreational lake and parklands. Over the years since, the Trust has supported the Henley Lake scheme with many donations totalling hundreds of thousand dollars so that today, a lake of 14 hectares, parklands with walking and running tracks, wildlife reserves, and public facilities (for example, a Men's Shed) support activities generating many hundreds of visitors daily.{{cite web|url= http://www.library.mstn.govt.nz/history/HenleyLake.html |archive-url= https://web.archive.org/web/20110726173746/http://www.library.mstn.govt.nz/history/HenleyLake.html |url-status= dead |archive-date= 2011-07-26 |title= Henley Lake, Masterton |publisher= Wayback Machine (Webarchive) = 2011 }}

In the past ten years, Trust House, the trading arm of the Masterton Licensing Trust and other trusts, has distributed $31.150 million to its communities; with the 2016 charitable distribution being $3,483,000.{{cite web|url= https://trusthouse.co.nz/wp-content/uploads/2016/09/Trust-House-Annual-Report-Website-2016.pdf |title= Trust House: Director's Report |publisher= Trust House = 2019 }}

=Mataura Licensing Trust=

For 56 years, the Mataura Licensing Trust has been investing in its community, returning profits to its customers and creating jobs. It has been instrumental in future-proofing sporting amenities, as well as supporting the arts, education and destination events, all of which directly or indirectly bolster the local economy. Gore's multi-sports complex is the flagship of its endeavours – a venue featuring the latest water-turf technology for hockey, a four-court event centre, a short-course Olympic ice skating rink and a two-pool aquatic centre established in partnership with local Government and sports groups. The complex has hosted national tournaments and events, such as the Young Farmer of the Year.

=Invercargill Licensing Trust=

Several years ago, the Invercargill Licensing Trust, working with all Invercargill school principals, established a goal to pursue initiatives that would lead to Invercargill schools being recognised as leaders in education in New Zealand. A number have since been implemented, supported by Trust funding.

=Portage and Waitākere Licensing Trusts=

{{main|The Trusts}}

The Portage Licensing Trust and Waitākere Licensing Trust, operating jointly as The Trusts, have a near monopoly on liquor sales in West Auckland.{{cite web |title=Licensing trusts in west Auckland |url=https://www.aucklandcouncil.govt.nz/licences-regulations/alcohol-bans-policies/Pages/licensing-trusts-west-auckland.aspx |website=aucklandcouncil.govt.nz |publisher=Auckland Council}}{{cite news |last1=Keall |first1=Chris |title=West Auckland liquor fight: enough signatures gained to trigger referendum on Trust's monopoly |url=https://www.nzherald.co.nz/business/west-auckland-liquor-fight-enough-signatures-gained-to-trigger-referendum-on-trusts-monopoly/CJY5ZBWSB46OJ2AAYAOE4KYPOI/ |agency=New Zealand Herald |publisher=New Zealand Media and Entertainment |date=8 October 2021}} In 2013, they were generating a combined $100 million a year in sales and employing 400 people.{{cite news |title=Community message at the heart of trusts' pitch |url=https://www.nzherald.co.nz/nz/community-message-at-the-heart-of-trusts-pitch/3NOH6OEUARU4DUQRWXBG4MMFKY/ |agency=New Zealand Herald |publisher=APN News & Media |date=8 October 2013}} The Trusts Stadium is one of their most significant investments.{{cite web |url=http://www.thetrustsstadium.co.nz |title=The Trusts Arena | | Auckland, New Zealand |publisher=Thetrustsstadium.co.nz |date= |accessdate=12 June 2015 |url-status=dead |archiveurl=https://web.archive.org/web/20150615170058/http://www.thetrustsstadium.co.nz/ |archivedate=15 June 2015 }}

=Ashburton Trust Event Centre=

When the Ashburton community recognised the need for an all encompassing performing arts centre, the Licensing Trust supported the project, and over the years has contributed $1.6 million to feasibility studies, planning, development and establishment.

The events centre receives around 45,000 visitors annually through shows, conferences and award ceremonies, many from outside the district, thus enhancing economic growth as well as cultural diversity.

=Rimutaka Licensing Trust=

In 2002, this small Trust which operates a one Tavern outlet on the fringe of Upper Hutt City, took responsibility to build a sound shell stage in Harcourt Park. The $281,250 stage was then given to the city and the people of Upper Hutt. Rimutaka schools have also benefited from major donations over the past decade.

In the 10 years between 2001 and 2010, the Trust has supported its community with donations of $4.6 million.

=Flaxmere Licensing Trust=

Founded in 1975, the Flaxmere Licensing Trust was the last of the licensing trusts to be established; over the years it has supported its low income community with wide-ranging grants to education in the village of Flaxmere. During the last 20 years, the Trust has given $4.7 million to the Flaxmere community.

=Mt Wellington Charitable Trust=

Mt Wellington Charitable Trust was formed in 1964. The Trust focuses on assisting a wide variety of charitable, educational, cultural and sporting organisations located in the local areas of Mt Wellington, Panmure, Glen Innes, Ellerslie and Otahuhu. The average annual allocation of donations exceeds $1 million per annum.

The first major project the Trust embarked upon was the establishment of Swimarama, the local swimming pool complex in 1968.

More recent major projects involve provision of technical equipment to lower decile schools in the area; establishment at Bill McKinley Park of artificial turf for soccer and other community sporting activities, and assistance in developing the Auckland Netball Courts over the past five years which is now one of the largest sporting facilities in Auckland.

Notes

{{Noteslist}}

References

{{Reflist}}

  • Teahan, Bernard (2018) Licensing Trusts in "Policy Quarterly" February 2018, Vol 14 No 1 pages 68–73
  • Teahan, Bernard (2009) Alcohol in Our Lives Issues Paper. Submitted to the New Zealand Law Commission.
  • Teahan, Bernard (2007) Community Enterprises: Enduring Institutions for a Newer World. Doctoral Thesis, Victoria University of Wellington.
  • Teahan, Bernard (1990) Licensing Trusts in New Zealand: A Unique Social Mandate. Masters Thesis, Massey University of Palmerston North.
  • Lind, Clive (1994) Pubs, Pints and People: 50 years of the Invercargill Licensing Trust. Invercargill Licensing Trust.
  • Masterton Licensing Trust (1997). A Matter of Trust: Masterton Licensing Trust 1947 – 1997. Masterton Licensing Trust.
  • Seabury, Olive (2007) The Carlisle State Management Scheme. Bookcase.
  • Round, Derek (2001) Henry Greathead Rex Mason KC CMG: An Outstanding Law Reformer. Waikato Law Review.
  • Birdsall, Nancy and John Nellis (2002) Winners and Losers: Assessing the distributional impact of privatization. Center for Global Development, working paper number 6.
  • Megginson, William L. and Jeffrey M. Netter (2001) From State to Market: A Survey of Empirical Studies on Privatization. Journal of Economic Literature, vol. 39, no.2.