Position Description
Position title:
District Licensing Committee
Team:
Hearings
chairs and members
Division:
Governance
Reports to:
Regulatory Committee through
the Hearings Manager
Department:
Democracy and Engagement
Direct reports:
Nil
Unit:
-
Indirect reports:
Nil
We honour Te Tiriti o Waitangi, accord value to Te Ao Māori (the Māori world), support
kaitiakitanga and are responsive to the needs of the Māori community. You participate
in initiatives to embed Te Ao Maori into the way we do things. You are willing to
develop and build your own confidence and capability to contribute to the wider
organisation’s vision to be a Treaty Responsive orgnanisation.
Our Commitment
to Te Ao Māori
The District Licensing Committee (DLC) is a quasi-judicial body that has the powers of
a commission of inquiry which makes decisions that can be appealed to the Alcohol
and Regulatory Licensing Authority. The DLC comprises a chairperson and two
members and is responsible for deciding all licence (including special licences) and all
managers’ certificate applications, renewals and temporary authorities, regardless of
Purpose of the job
whether these are opposed or unopposed. DLCs will also consider and determine
(primary goal /
applications for temporary licences and for the variation, suspension, or cancellation of
objective)
special licences.
• Exercise the DLC’s powers and functions under the Sale and Supply of Alcohol Act
2012
• Adhere to accepted best practice for hearings: using effective communication skills,
active listening, distilling the key arguments and facts from the information
presented and applying appropriate weight to evidence; recognising common
Key
decision-making biases, addressing conscious and unconscious bias, and applying
responsibilities
strategies to minimise their impact
• Maintain a comprehensive understanding of all relevant legislation, including
relevant case law and decisions made by other DLCs, and any local alcohol policy
development, to provide a quality service to the council and its customers
• Demonstrate impartiality and integrity and commit to the principles of natural justice
and a sense of fair play
• Demonstrate an understanding of the principles of Te Tiriti o Waitangi, their
relevance in legislation, and their application to the decision(s) in question
• Apply tikanga Māori to hearings where relevant and appropriate
• Embrace diversity and use cultural competency to ensure that all members of
Auckland’s diverse communities can participate effectively in hearings
Chairperson specific:
• Prepare directions and/or minutes on procedural matters as required
• Allocate tasks among panel members - including drafting parts of the decision
where appropriate, decision editing and scrutiny, arranging and attending site visits
• Responsible for delivering a comprehensive and sound decision
• Consider and determine unopposed applications on the papers
Chief Commissioner specific:
• Mentor committee members
• Provide guidance to committee members and staff
• Contribute to the training and workshop events
• Develop Practice Notes
• DLCs are prepared for hearings having familiarised themselves of all material
provided prior to hearing and making a site visit where appropriate
• Hearings proceed smoothly and in a timely manner and all parties feel that they have
had a fair hearing
Outcomes
• New legislation and case law is applied to decisions where appropriate
(what success
• DLCs deliberate to reach a clear, impartial and logical decision
looks like)
• Decisions: are well-reasoned; are legally and technically correct; contain conditions
that are robust; will withstand scrutiny by the Alcohol Regulatory and Licensing
Authority; will stand up to judicial review; and, are completed within expected
timeframes
• Services are performed to a high standard of professional practice for judicial
processes
• DLCs demonstrate neutrality and fairness to all throughout the hearing
• All DLC members disclose any potential conflict of interest, either actual or
perceived, to the hearings team prior to the acceptance of work
No formal qualifications are required, however key skills to undertake the role are:
• experience relevant to alcohol licensing matters
• knowledge of the Sale and Supply of Alcohol Act 2012 and of New Zealand
legislation in general and its application
Key skills
• awareness and understanding of any local alcohol policy
(what you are
• understanding of tikanga Māori, Te Tiriti o Waitangi and its application in the
great at)
alcohol licensing context
• cultural competencies - a commitment to diversity and an ability to work effectively
with all of Auckland’s diverse communities
• understanding of the community and its expectations of alcohol licensing
• behaviours that are consistent with professional standards and ethical conduct in
judicial processes
• strong computer skills and ability using technology including working in a paperless
environment
• public hearing experience, advanced listening and questioning skills and an ability
to identify key issues
• neutral, tactful and diplomatic with an open mind when assessing applications
• ability and willingness to review one’s own performance and review areas for
development and improvement through the term
Chairperson-specific:
• necessary knowledge, skill and experience relating to matters that are likely to
come before the committee
• experience in legal and regulatory environments
• skill in note-taking and ability to write clear and succinct decisions
Auckland Council behaviours
• highly-developed oral and written communication and decision-making skills
• ability to interpret and apply case law and knowledge of relevant DLC and ARLA
decisions
• knowledge and understanding of hearings procedure and cross-examination
• ability to be calm and measured in difficult or high-pressure situations
Chief Commissioner specific:
• Mentoring and training skills
• Developing and writing practice notes on processes
• The role is as a contractor to the council
• Be prepared for flexible working hours noting that this is not a full-time role
• DLC members must refrain from behavior that fosters the appearance of a conflict
of interest. Members need to declare any conflict of interest and take appropriate
action to protect themselves and the decision-making role of the DLC. You must
Job requirements
disclose any financial or personal conflicts and will need to evaluate conflicts on an
ongoing basis.
• You must disclose any criminal convictions that may cause you to be compromised
in your decision-making (e.g. alcohol-related offences).
•
Disclaimer
The above statements are intended to describe the general nature and level of work being performed by incumbents in the assigned job. They
are not construed as an exhaustive list of all responsibilities, duties, or skills required of the incumbent. From time to time, employees may be
required to perform duties outside of their normal responsibilities as needed.
Approving manager:
Version date:
Julie McKee, Hearings Manager
14 October 2022
Auckland Council behaviours