Alcohol Law And The Community

Why communities need to become active in issues around alcohol in the community
  • Liz Gordon. A community navigator and lawyer from Otautahi. I am employed by CAAH and am on the Board of Community Law.
 
  • Lawrence Kimberley. New Chief Executive of Community Law Canterbury, which operates from Kaikoura in the North to Timaru in the South, and across to the West Coast.
 
  • John Sullivan. Lawyer for Community Law and long-term advocate for good alcohol policies.
 
 
We’re here today to talk about alcohol harm in our communities and to
make an offer to support your community.
We want to talk about alcohol related harm in communities and offer support.
Like so many others, we were shaken to the core at so many unnecessary deaths on our roads, and especially the rangatahi killed in 2021 here in Timaru.
We notice that some liquor stores have bad habits external advertising, alcohol advertising, signage on footpath etc.
  • Alcohol is the most harmful drug in Aotearoa.
  • Alcohol was a factor in 336 homicides between January 2004 and March 2019, 31 per cent of the total.
  • More than 100 people every year are killed on our roads in crashes involving alcohol.
  • Around 1000 people a year die directly as a result of alcohol.
  • Half of all family violence occurs under the influence of alcohol.
  • 392,000 workdays are lost to alcohol and 10% of people admit going towork while affected by alcohol.
  • Alcohol-related crime doubles at night and at weekends. Most policing after 5pm on a Friday is alcohol-related.
Alcohol harm is all around us. Excessive drinking makes lives shorter, causes accidents, promotes family violence and affects the ability to work, raise families, look after children and live good lives.
There is a strong relationship between the proliferation of cheap alcohol and alcohol harm: the more outlets, the worse the harm.
Alcohol is a significant factor in Maori disadvantage – Waitangi Tribunal claim.
The law before 2012 was essentially a ‘free market’, causing untold harm 2012 Act was intended to reduce the number of outlets but they have continued to increase.
The Sale and Supply of Alcohol Act puts limits on alcohol outlets by
  • Issuing licences.
  • Alcohol legislation gives communities a say in who gets a licence.
  • But few people object to a licence…
  • Perhaps they don’t care, don’t know how to do it or they’ve never heard of it!
  • Maybe, someone else should do it.
  • It won’t make a difference.
Licences driven by supply and not demand. A nice income!
And the more outlets, the more harm.

I want to tell you some stories about what we do…. Sometimes we
are firefighters, leaping in to help communities, for instance in St Josephs Pleasant Point or Māpua.

Sometimes we are able to plan and help from the start…

Like in Te Teko and Palmerston North.

We aim to improve licences to make them less harmful, for instance in Kingsland or Thirsty Liquor Papanui.

  • Recent changes to the law – 25 day period, banning cross
    examination. More changes include a respectful approach to
    objectors, recognising tikanga Māori etc. (Individual DLCs).

    The jotform… transforming how people object.

    Support from end to end – keeping people motivated

    Do you need a lawyer? Legal support at hearings

    Who can help?

Not only for ‘People who have an ‘interest’ , but now anyone can object. More opportunities, more time…

 

Māori significantly disadvantaged by alcohol/ waipiro through colonisation:
health/ wellbeing effects

The Waitangi Tribunal claim (linked to Health inquiry)

Alcohol causing terrible health outcomes and inequalities for Maori

Caused at least in part by the Crown’s poor regulation of the sale, supply and consumption of alcohol.

Evidence of alcohol misuse in imprisonment rates, domestic violence, low educational achievement and youth suicide.

Early death by alcohol-related causes, likely to be stopped and charged for offences that involve alcohol and harmful effects on finances, study, work, injuries and legal problems resulting from use of alcohol.

Effects on Māori women in terms of family violence, disruption of home lives,
victims of sexual assault and involvement in car accidents; and more.

High unmet need for reducing alcohol consumption and controlling the causes
of alcohol-related harm in their communities.

Not just reflecting, but driving inequalities.

Action has arisen from concerns about proliferation of alcohol outlets and lack of community voice –
perception that the liquor industry is largely able to act as it wishes – a wild west scenario.

 

Active groups:

Community Law Canterbury supporting communities

Communities Against Alcohol Harm – formed to give communities a voice under s.102. (Also Otara Gambling group) – alcohol and pokie dens

Ka Pai Kaiti – Māori activism against alcohol and pokie harm in Gisborne

Around the country the Salvation Army, Cancer Society and more organisations are involved.

A hard to hear about application.

Expertise often not accessible in communities.

Not knowing how to act.

Lack of understand of process.

A submission not enough to shift the dial,  must attend and defend.

What starts off as community action become legal
process – imbalance at law.

Community organisations have often been shut out from
objecting.

Alcohol industry lobbying the Government to repeal the
recent changes.

How to contact communities in a speedy
and efficient manner?

Inform through direct contact such as

  • Residents groups
  • Leaflets/ Jotform
  • Notices
  • Churches/ schools
  • Word of mouth
  • Inform through building networks over time in high risk areas. Need to engage
    high-risk groups but this is not easy.
  • Set up networks within your community
  • Community groups commit to reducing alcohol harm
  • Ensure that communities are supported to object
  • Community groups, especially those dealing with the alcohol effects, get involved and insist your voice is heard
  • There are few Māori in this space, for good reason. Iwi and Runanga
    organise to change this – take control – support the Treaty claim.
    Māori wardens
  • Work with Community Law (source of education, advice and support),
    the Medical Officer of Health, the Police and other agencies to reduce
    harm here.

 

Alcohol harm is everywhere – see it – commit to changing it!