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Hauraki District Council
Local Alcohol Policy
Development
Research Document
Hauraki District Council
May 2013
Hauraki District Council Local Alcohol Policy Research Document 1036229
Table of Contents
1 Introduction .............................................................................................................. 1
1.1 Purpose 1
1.2 Scope 1
1.3 Background 1
1.4 Scope of a local alcohol policy 2
1.5 Strategic links and partnership principles 2
2 Executive Summary ................................................................................................. 4
2.1 Literature Review 4
2.2 Number and density of liquor licenses issued in the District 4
2.3 Liquor bans and alcohol related offences 4
2.4 District population and overall health indicators for the District population 5
2.5 Public LAP questionnaire 5
2.6 Local Police questionnaire 5
3 Literature Review ..................................................................................................... 6
3.1 Alcohol related harm 6
3.2 Alcohol harm reduction 8
4 Objectives and Policies of the Hauraki District Plan .......................................... 10
4.1 Objectives and policies of the Hauraki District Plan 10
4.2 Objectives and policies of the Franklin District Council District Plan 12
5 Hauraki District Liquor Licence Information........................................................ 13
5.1 Number and the location of current liquor licences and licensed premises in the District 13
5.2 Number of licensed premises in the Waikato District Health Board Region 14
5.3 Social deprivation and location of off-licensed premises 16
5.4 Maps of locations of licensed premises in Ngatea, Paeroa, and Waihi in relation to social
deprivation ratings 17
5.5 Location of licensed premises in the Waikato DHB Region in relation to schools 21
5.6 Location of licensed premises in relation to schools, early childhood centres and playgrounds22
5.7 Opening hours of licensed premises 23
6 Liquor bans (Areas in which bylaws prohibiting alcohol in public places are in
force) ....................................................................................................................... 24
6.1 Liquor ban locations 24
6.2 Key issues related to drinking in public places 25
7 Demography of the District's Residents .............................................................. 26
7.1 Population 26
7.2 Sex and Age 26
7.3 Ethnicity 26
7.4 Households and families 26
7.5 Deprivation 27
7.6 Tourists and holiday makers 27
8 Overall Health Indicators of the District's Residents .......................................... 29
8.1 Hauraki District ACC 2011 Community Profile – alcohol related health statistics 29
8.2 Population Health literature review summary 29
8.3 Visual impact of alcohol marketing 30
Hauraki District Council Local Alcohol Policy Research Document 1036229
8.4 Hospitalisation data 30
8.5 Other District health indicators – WDHB Future Focus 31
9 Population Health Recommendations for LAP Development ............................ 32
9.1 Trading hours 32
9.2 One-way door policy 32
9.3 Alcohol outlet density 32
9.4 Alcohol management plans as condition of licences 33
9.5 Visual impact of off-licence outlets 33
10 Alcohol-related problems arising in the District – NZ Police Statistics 2007-
2012 ......................................................................................................................... 34
10.1 Alcohol related offences 2007-2012 34
10.2 Location of offenders last drink 34
10.3 Sale of liquor offences 2007-2012 35
10.4 Drink-driving offences for the period of 2007-2012 36
10.5 Liquor Ban breaches 36
10.6 Police statistics overview 37
10.7 ACC Community Profiles 2011 (Alco-link database statistics) 38
11 New Zealand Police Recommendations for LAP Development ......................... 40
11.1 Number, Location and Density of Liquor licences 40
11.2 Maximum hours trade and one-way door policy 40
11.3 Discretionary conditions 40
11.4 Meetings held with local Police 41
12 Hauraki District Community LAP Questionnaire Results ................................... 42
12.1 Questionnaire respondents 42
12.2 Number of places that sell alcohol 42
12.3 Opening Hours 44
12.4 Location of places which sell alcohol 45
12.5 One-way door restrictions 46
13 Police Officer LAP Questionnaire Results ........................................................... 47
13.1 Number of places that sell alcohol 47
13.2 Opening hours 47
13.3 Location of places which sell alcohol 48
13.4 One-way door restrictions 49
13.5 Police Officer comments 49
14 LAP Discussion Group Feedback ......................................................................... 50
References 53
Appendix A: List of Licensed Premises as of March 2013 1
Appendix B: Ward Map of the Hauraki District 2013 4
Appendix C: Maps of location of licensed premises in proximity to schools, early childhood centres and
playgrounds 4
Hauraki District Council Local Alcohol Policy Research Document 1036229
1 Introduction
1.1 Purpose
In January 2013 the Hauraki District Council resolved to develop a Draft Local Alcohol Policy (LAP) for
the Hauraki District. Pursuant to the Sale and Supply of Alcohol Act 2012 (the Act) Council must
produce a draft LAP for public consultation prior to adopting the final policy and must consult with the
New Zealand Police, the Medical Officer of Health, Licensing Officers and the community prior to
developing it. The purpose of this report is to provide the information to support the development of an
LAP and outline the alcohol-related issues to be addressed through its development.
1.2 Scope
The scope and structure of the report largely align with the information requirements for developing an
LAP, as set out in section 78 of the Sale and Supply of Alcohol Act, 2012. These include:
Objectives and policies of the Hauraki District Council District Plan and relevant sections of
the Franklin District Plan
Number of licences of each kind held for premises in the District, and the location and opening
hours of each of the premises
Areas in which bylaws prohibiting alcohol in public places are in force
The demography of the District's residents
The demography of people who visit the District as tourists or holidaymakers.
Overall health indicators of the District's residents
The nature and severity of the alcohol-related problems arising in the District
In order to understand the nature and severity of the Hauraki District’s alcohol-related problems
various information and statistics sourced from the New Zealand Police, Population Health (Waikato
District Health Board), ACC, and a variety of websites such as Statistics New Zealand were analysed
by Council staff.
This report also includes:
A review of selected professional and academic literature on alcohol consumption and alcohol
related issues
A review of the results of the LAP public questionnaire conducted by Council in March 2013
A review of the results of the LAP police questionnaire conducted by Council in March 2013
A summary of stakeholder feedback received at an LAP discussion group held by Council staff
1.3 Background
In August 2008, the Law Commission (the Commission) commenced a comprehensive review of New
Zealand’s alcohol laws. As part of this process, the Commission engaged in extensive public
consultation, resulting in almost 3000 public submissions. In April 2010 the Commission published its
final report entitled 'Alcohol In Our Lives: Curbing the Harm'. The report summarised the key issues
raised through the submission process and presented the Commission’s final recommendations to the
Government.
As a result of this review process the Sale and Supply of Alcohol Act, 2012 (the Act) was enacted in
December 2012. The Act replaces the Sale of Liquor Act, 1989 (SOLA) and empowers territorial
authorities to develop local alcohol policies if they so wish, which licensing decision-makers are
required to consider when making licensing decisions. In January 2012 Council resolved to develop a
draft LAP, which provides it with a significant opportunity to develop a new policy to address the
concerns about alcohol related harm in the District and help licensing authorities meet the object of the
Act;
Hauraki District Council Local Alcohol Policy Research Document 1036229 Page 1
(1) The object of the Act is that—
(a) the sale, supply, and consumption of alcohol should be undertaken safely and
responsibly; and
(b) the harm caused by the excessive or inappropriate consumption of alcohol
should be minimised.
(2) For the purposes of subsection (1), the harm caused by the excessive or
inappropriate consumption of alcohol includes—
(a) any crime, damage, death, disease, disorderly behaviour, illness, or injury,
directly or indirectly caused, or directly or indirectly contributed to, by the
excessive or inappropriate consumption of alcohol; and
(b) any harm to society generally or the community, directly or indirectly caused,
or directly or indirectly contributed to, by any crime, damage, death, disease,
disorderly behaviour, illness, or injury of a kind described in paragraph (a).
1.4 Scope of a local alcohol policy
A local alcohol policy (LAP) is a set of policy criteria and decisions made by a territorial authority in
consultation with its community about the sale and supply of alcohol in its geographical area. An LAP
provides licensing bodies with a policy framework which they must take into consideration when
making decisions on licence applications. Under section 108 of the Act a licence may be refused if
contrary to a relevant LAP.
Section 77 of the Act outlines what policies a Council can include in its LAP, anything not listed in that
section is outside the scope of an LAP. This means an LAP cannot address matters unrelated to
licensing such as the price of alcohol, age limits for drinking or breath alcohol levels for driving.
Pursuant to section 77 of the Act an LAP can include policies on the following (and no others):
location of licensed premises by reference to broad areas
location of licensed premises by reference to proximity to premises of a particular kind or kinds
location of licensed premises by reference to proximity to facilities of a particular kind or kinds
whether further licences (or licences of a particular kind or kinds) should be issued for
premises in the district concerned, or any stated part of the district
maximum trading hours
the issue of licences, or licences of a particular kind or kinds, subject to discretionary
conditions
one-way door restrictions
Section 93 of the Act allows an LAP to contain a policy more restrictive than the relevant district plan,
but an LAP policy cannot authorise anything forbidden by that district plan.
1.5 Strategic links and partnership principles
1.5.1 Strategic Links
An LAP has strategic links with Councils long term planning documents including its District Plan and
Long Term Plan.
The development of an LAP needs to be consistent with the Council’s Community Outcomes which
can be found in the 2012-2022 Hauraki Long Term Plan. In particular an LAP would help meet the
aims of ‘Lifestyle Hauraki’, which states that Council will provide an environment that encourages
vibrant communities and an enhanced quality of life by advocating for the provision of quality social,
educational, health and training services.1
Other Community Outcomes outline that Council aims to have a positive climate that encourages
balanced and sustained economic growth throughout the District.
1 Hauraki District Council 2012-2022 Long Term Plan, p. 39.
Hauraki District Council Local Alcohol Policy Research Document 1036229 Page 2
An LAP also becomes a key strategic document with regards to the implementation of the District Plan as it can restrict where alcohol is be sold in the District. 1.5.2 Partnership principles With regards to partnerships the Act requires that Council consult with the New Zealand Police, the Medical Officer of Health and Licensing Officers prior to developing an LAP. Many of these liaisons will evolve to become partnerships in the future when dealing with approaches to alcohol through the drafting of the LAP. During the development of a draft LAP it is also important to consider the view points of the District’s population. In order to achieve a reduction in alcohol abuse there needs to be a multi dimensional and organisational response. This includes all stakeholders such as licensees, their patrons, the agencies recognised as having statutory reporting responsibilities, government and non-government agencies, and the general community of the District. 1.5.3 Joint LAP Two or more territorial authorities may adopt a joint LAP for their Districts. This partnership approach was considered by Hauraki, Matamata-Piako, Waipa, Thames Coromandel and Waikato District Councils during initial planning stages. It was decided however that each District was to develop its own LAP and work collaboratively on joint policy development where possible. Hauraki District Council Local Alcohol Policy Research Document 1036229 Page 3
2 Executive Summary
2.1 Literature Review
The cumulative findings of research indicate that in New Zealand about half of drinkers under 25
years, and about 25% of all adult drinkers, drink large quantities when they drink. Research shows
that alcohol-related issues are widespread and varied, and contribute significantly to a range of costs
including injury and death, and crime. ‘Supply based’ policies seek to reduce alcohol consumption by
restricting the physical availability of alcohol to consumers, for instance by restricting the hours of
trading or the location and density of alcohol outlets. Such approaches argue that reducing the supply
of alcohol will increase the cost and inconvenience of accessing alcohol, which will in turn reduce
alcohol consumption and alcohol-related harm. The Law Commission’s findings recognised that there
is a connection between liquor outlet density and the harm and neighbourhood degradation associated
with too many liquor outlets.
2.2 Number and density of liquor licenses issued in
the District
There are 64 liquor licenses issued in the Hauraki District. This number includes 21 off-licences
(32.8% of all licenses), 23 on-licences (35.9% of all licenses), and 20 club licences (31.3% of all
licenses), but excludes other licence types such as special, caterers and endorsed off-licences, or
those licences for conveyances. The majority of licenses in the District are issued for two towns.
Paeroa has 35.9% of all licenses in the District and Waihi has 25%. These two towns have the same
number of on-licenses, but Paeroa has nearly double the off-licenses issued than Waihi does. Paeroa
also has more club licenses issued than in Waihi.
The Hauraki District has approximately four liquor licenses issued in the District per 1,000 people. This
is a higher ratio than several Districts in the Waikato DHB District including neighbours Waikato and
Matamata-Piako District Councils. 15 of the 21 off-licenses issued in the District are located in areas
with a social deprivation rating of 9-10. This means 72% of the Districts off-licenses are located in the
highest socially deprived areas of the District. This is a lot higher than the overall percentage (44%) of
off-licensed premises located in areas with a social deprivation rating of 9-10 in the Waikato District
Health Board region.
2.3 Liquor bans and alcohol related offences
The Hauraki District Council has a permanent liquor ban in Paeroa, Ngatea and Waihi. A
seasonal/holiday period liquor ban is in place in Whiritoa. Local Police Officers report that they have
seen a reduction in crime since these bans were put in place.
Over a five year period from 2007-2012 there have been on average 295 alcohol related offences in
the District a year. The Waihi scene station has on average 44 more recorded alcohol related offences
a year than Paeroa. Ngatea has the lowest total number of recorded alcohol related offences out of
the three scene stations. Over half of all alcohol related crimes committed in Waihi and Paeroa were
committed by offenders who had consumed their last drink at home or in a residential environment.
The second most common place for offenders to of consumed their last drink in Paeroa and Waihi was
in public, e.g. on a street, at school grounds, or a train station. Apart from ‘miscellaneous’ the least
common place for offenders to have consumed their last drink is at a licensed premises.
Hauraki District Council Local Alcohol Policy Research Document 1036229 Page 4
2.4 District population and overall health indicators
for the District population
22.3% of people are aged under 15 years in the District and 17% of residents are 65 years and over.
There are several areas of high social deprivation in the District; including Waihi and Kerepehi, both
with a social deprivation score of 10, and Paeroa with a score of 9.
The Population Health LAP report outlines that in New Zealand about 1000 people die each year
because of health issues caused by secondary alcohol use. ACC data shows that the Hauraki District
has a slightly higher than average number of alcohol related hospitalisations and deaths per 10,000
population than the New Zealand average. The Hauraki District also has a higher number of alcohol
related hospital injury discharges per 10,000 population. Section 9 of this report outlines specific
recommendations from Population Health relating to liquor licensing trading hours, outlet density, one-
way door policies and discretionary conditions.
2.5 Public LAP questionnaire
There were a total of 439 completed surveys returned to Council. The majority of survey respondents
think there are about the right number of places that sell alcohol (including both on and off licenses) in
their identified area of residence, except for those survey respondents who live in Paeroa. 82% of
Paeroa respondents think there are too many or far too many off-licensed premises in Paeroa,
whereas 63% think there are about the right number of on-licensed premises. 58% of the total survey
respondents believe that the earliest time an off-licensed premise should be able to sell alcohol is 9am
or later. The majority of respondents (85%) agreed that premises which sell alcohol should be
restricted from opening near several listed community facilities and 80% of survey respondents
support one-way door policies.
2.6 Local Police questionnaire
Police Officers stationed in Waihi and Ngatea think there are about the right number of places that sell
alcohol in those towns. The officers in Paeroa think there are either too many or far too many places
that sell alcohol in Paeroa. Nine of the thirteen Police officers surveyed believe off-licensed premises
should not be allowed to sell alcohol until 11am or later. All of the Police Offices in the District think
there should be a restriction on licensed premises opening within a certain distance from schools.
Seven of the thirteen police officers support one-way door policies.
Hauraki District Council Local Alcohol Policy Research Document 1036229 Page 5
3 Literature Review
3.1 Alcohol related harm
New Zealand’s alcohol industry is a ‘multi-billion dollar sector, spanning a wide range of economic
activities from growers, who produce the raw inputs…to the wineries, breweries and distillers who
manufacture the alcohol; right through to the liquor retailers and the thousands of cafes, restaurants,
bars and clubs which make up the hospitality sector’.2 The alcohol industry employs a significant
number of people, particularly in the manufacturing, hospitality and retail sectors and contributes to the
community in the form of sponsorship and funding of various community and sporting groups and
events.
The excessive consumption of alcohol can however cause harm directly to drinkers themselves, to
people around drinkers, and to the wider society which has to cope with the consequences. Research
shows that alcohol-related issues are widespread and varied, and contribute significantly to a range of
costs including injury and death, other medical problems, crime (including property damage, violence
and assaults), traffic accidents, absenteeism, unemployment, public disorder and treatment costs.3 In
its 2009 issues paper, the Law Commission stated:
“The misuse of alcohol does not result in one single problem, but a whole set of
problems, some of which affect the health and wellbeing of the individual drinker, some of
which impact on those with whom the drinker comes in contact, and some of which impact on
the community at large” (p.7).
The Alcohol Advisory Council of New Zealand (ALAC) estimates that 86% of New Zealand’s adult
population drink at least occasionally, and that of these, a quarter can be categorised as binge
drinkers4. The Alcohol Use in New Zealand Survey undertaken by the Ministry of Health in 2004 found
that 25% of New Zealand drinkers aged 12 to 65 years and 54% of 18 to 24 year old drinkers drink
large quantities when they drink5.
The ways in which consumption is measured varies
throughout the literature with ALAC defining ‘binge
drinking’ as the consumption of seven or more Despite the differences in the
standard drinks in one session and the Ministry of literature in defining levels of
Health defining ‘a large amount of drinking’ for a man consumption, the cumulative findings
as more than six standard drinks in one session, and of research indicate that in New
for a woman, as more than four standard drinks in Zealand about half of drinkers under
one session.6 A standard drink contains 10 grams of 25 years, and about 25% of all adult
pure alcohol. drinkers, drink large quantities when
they drink.
(Law Commission, 2009)
3.1.1 Age, gender and ethnic differences in
consumption patterns
The literature also focuses on age, gender and
ethnic-based differences in consumption patterns. Generally, younger people tend to drink higher
volumes of alcohol, with less frequency, while older people tend to drink lower volumes but at a
greater frequency.
2
Law Commission, 2009, p. 18.
3
Babor et al., 2010; Matheson, 2005; ALAC, 2008; Anderson and Baumberg, 2006.
4
ALAC, 2006 cited in Law Commission, 2009.
5
Ministry of Health, 2007 cited in Law Commission, 2009.
6
Ministry of Health, 2007 cited in Law Commission, 2009.
Hauraki District Council Local Alcohol Policy Research Document 1036229 Page 6
For many young people getting drunk is pre-meditated and commonly involves “pre-loading”.7 Pre-
loading involves drinking in private venues, where consumption is not regulated (e.g. at home, in a
car) before visiting licensed premises. Licensed premises are then enjoyed for their entertainment
value (e.g. dancing, meeting people), but not necessarily to buy drinks.
There is evidence to suggest that the price differential between on-licences and off-licences is
contributing to the prevalence of ‘pre-loading’.8
In terms of gender differences, men are more likely to be drinkers than women are; however, the
literature is increasingly concerned with changing consumption patterns among women, especially
young women.
Research shows that Maori are significantly less likely to be drinkers than non-Maori, and that those
Maori who do drink, do so less frequently than non-Maori. However, Maori are more likely to drink
large volumes of alcohol when they do drink.9 Consumption behaviour among Pacific drinkers seems
to follow a similar pattern to Maori.10
Socio-economic status is also a determinant of drinking behaviour independent to differences based
on age, gender or ethnicity. Drinkers among lower socio-economic groups tend to drink more on a
typical occasion. By comparison, drinkers among higher socio-economic groups tend to drink more
frequently.11
3.1.2 Alcohol related problems
Alcohol-related harm can be divided into two broad classes; the first being issues affecting illness,
injury and poor health and the second being social problems. Many studies show a link between
alcohol misuse and negative health and injury outcomes. From a health and safety perspective, the
nature and extent of the issues arising from alcohol will depend on the way that alcohol is consumed.
For example, a person that drinks heavily once a month has an increased risk of immediate harm,
such as injury, whereas a person who drinks more moderately, but more often has an increased risk of
longer-term health issues. Three distinct mechanisms of harm, each producing different types of
health problems, have been identified in various literature:
Physical toxicity can result from either drinking very high volumes of alcohol (i.e. binge
drinking) even occasionally, or sustained heavy drinking over time. This can lead to alcohol
poisoning, acute tissue damage, or if consumption is heavy over time, liver failure.
Drinking to intoxication can result in a variety of acute medical and social problems including
accidents, injuries, certain types of acute tissue damage, and interpersonal violence.
Sustained heavy drinking, which does not lead to evident intoxication, can lead to dependence
issues. This can result in chronic medical problems due to the cumulative effect of alcohol,
such as cirrhosis of the liver, as well as acute and chronic social problems.12
A significant feature of the social harms derived from alcohol misuse is that people other than the
drinker become involved. For example in both individual level and population level studies there is a
clear link between alcohol and violence, particularly against intimate partners. The risk of violence is
low with light drinking, rises slightly with moderate drinkers, and increases strongly with heavy
drinkers13.
7
Law Commission, 2009.
8
Law Commission, 2009; McEwan et al., 2011
9
Law Commission, 2009; Bramley et al., 2003.
10
Huakau et al., 2005.
11
Law Comisison, 2009.
12
Babor et al., 2010.
13
Babor et al., 2010.
Hauraki District Council Local Alcohol Policy Research Document 1036229 Page 7Patterns are also emerging which suggest that alcohol can be associated with marital problems, child
abuse, work-related problems (including absenteeism, lateness, early leaving, disciplinary problems,
inappropriate behaviour, theft/dishonesty, and poor co-worker relations). 14
3.1.3 Education
ALAC argues that the main underlying driver of excessive drinking in New Zealand is a culture that
tolerates and supports drinking, binge drinking in particular. ALAC concludes that, whilst all other
types of intervention are useful, changing the drinking culture is fundamental to achieving lower rates
of alcohol-related harms. ALAC provides evidence in favour of this approach in relation to reduced
tolerance of the public to drink-driving.15
However other researchers such as Babor et al. (2010), Caswell et al. (2005) and Giesbrecht (2011)
conclude that overall, compared to other intervention strategies, education is least effective in
achieving behavioural changes. They argue that strategies based on pricing, raising the minimum
legal drinking age, lowering the legal blood-alcohol limit for driving, restrictions on hours of trading and
on the density of liquor outlets are likely to be the most effective, and enforcement of these is
essential.
3.2 Alcohol harm reduction
A number of comprehensive reviews of alcohol policies have been undertaken in recent years, most
notably by the New Zealand Law Commission. The Commission concluded that a comprehensive
approach to reducing alcohol-related harm is required and recommended changes in relation to:
Supply control (e.g. liquor licensing matters)
Demand reduction (e.g. price and advertising promotion)
Problem limitation (e.g. enforcement issues).
Demand reduction strategies are the domain of central government rather than local government and
tend to focus on pricing, taxation, advertising and marketing. Problem limitation measures focus on
reducing the incidence of alcohol misuse and the level
of alcohol-related harm via host responsibility, licensing
enforcement, liquor bans and education. Demand
reduction and problem limitation initiatives fall outside The weight of evidence
the scope of an LAP. supports the supply control
approach which reduces
Supply controls however, are an important component the supply of alcohol to
of LAPs. ‘Supply based’ policies seek to reduce alcohol
consumption by restricting the physical availability of increase the cost and
alcohol to consumers, for instance by restricting the inconvenience of
hours of trading or the location and density of alcohol accessing alcohol, which
outlets.16 Such approaches argue that reducing the will in turn help reduce
supply of alcohol will increase the cost and alcohol consumption and
inconvenience of accessing alcohol, which will in turn
reduce alcohol consumption and alcohol-related harm. alcohol-related harm.
3.2.1 Opening hours
There is much debate over policy relating to opening hours. Studies have tended to find that large
increases in opening times (particularly night hours) are associated with an increase in alcohol sales
and related harm, while large reductions in trading hours tend to result in a number of benefits for
communities.17
14
Babor et al., 2010; Law Commission, 2009.
15
ALAC, 2005; Cagney, 2006.
16
Babor et al., 2010; Matheson, 2005.
17
Chisholm et al., 2003
Hauraki District Council Local Alcohol Policy Research Document 1036229 Page 8It is less clear how smaller changes in opening hours influence alcohol related harm. Babor et al.
(2010) report clear patterns of increased rates of alcohol-related problems with increased trading
hours, in the form of higher assault frequencies, alcohol-impaired driving, other injuries, and increased
Police work. In places where restrictions were introduced, problems such as violent offending were
reduced. Although some studies fail to support these conclusions, Babor et al. (2010) argue that the
weight of evidence suggests that policies restricting the hours of opening have the potential to reduce
alcohol related harm.
In restricting licence hours, however, policy makers should be mindful of the risks associated with
migratory drinking patterns, whereby patrons move between areas with different closing times.
3.2.2 Regulating licence density
Alcohol-related harm is often linked to the availability of alcohol, based on the assumption that easier
access to alcohol leads to higher consumption and hence to negative outcomes. This may arise when
clustering leads to shorter travel distances to outlets, price competition or longer opening hours,
particularly amongst off-licences and in poorer areas.18
Opponents argue that restricting outlet density is anti-competitive and gives an unfair advantage to
certain retailers.19 There is also an argument that considers that there are advantages to the clustering
of licensed premises such as containing alcohol-related problems in a confined area, and the ability to
target resources such as Police and public transport.
18
Cameron et al., 2010.
19
Livingston et al., 2007; Donnelly et al., 2006.
Hauraki District Council Local Alcohol Policy Research Document 1036229 Page 94 Objectives and Policies of the
Hauraki District Plan
This section summarises the objectives and policies of the Hauraki District Council District Plan and
the section of the Franklin District Plan which relates to the Kaiaua area. The reason Hauraki currently
has two District Plans in place is due to the acquisition of the Kaiaua area (of the ex-Franklin District)
with the Auckland super city boundary changes in November 2010.
These documents are mandated by the Resource Management Act 1991 (the RMA), and must give
effect to the purpose of the RMA, which is to “promote the sustainable management of natural and
physical resources” (section 5 RMA). Section 93 of the Sale and Supply of Alcohol Act, 2012, states
that an LAP may contain a policy more restrictive than the relevant district plan, but cannot authorise
anything forbidden by the relevant district plan.
4.1 Objectives and policies of the Hauraki District
Plan
The table below summarises the objectives and policies of the Hauraki District Pan, for the town
centre, township, residential, industrial, reserve and rural zones.
Figure 1: Hauraki District Plan Objectives and Policies of Specific Zones and Activity Status of Licensed
Premises
Zone Area zone Summary of Objectives and Summary of Activity Status
applies Policies of Zone (operating a licensed premises)
Town Centre Main streets of 1. To ensure the development of On – licence: Permitted activity
Ngatea, Paeroa business, retail and community except on a site having access to
and Waihi. activities and associated transport main highway or arterial road
networks do not create a (Controlled Activity). Therefore
detrimental effect on the amenities subject to compliance with zone
of adjoining areas or lead to development standards (i.e.
wasteful use of resources. parking, loading space, pedestrian
2. To provide for a safe, convenient, frontage) and other standards.
pleasant and environmentally
friendly environment for business, Off –licence: As above.
shopping and community activities.
Club-Permitted if comply with
definition of ‘community activity’,
otherwise is controlled.
Township Kerepehi 1. To provide for commercial, On – licence: Permitted activity
Patetonga community, residential and light except on site having access to
Turua industrial activities to support main highway or arterial road
Waitakaruru smaller townships. (Controlled). Subject to compliance
Waikino 2. To maintain a sufficient ‘land with zone development standards
Whiritoa bank’ to provide for new township (i.e. parking, loading space,
activities to develop. pedestrian frontage) and other
standards.
Off –licence: As above.
Club-Permitted if comply with
definition of ‘community activity’,
otherwise is controlled.
Residential Ngatea 1. To provide for residential On –licence: Non Complying (is not
Paeroa development that maintains and an appropriate activity for the zone)
Kerepehi enhances neighbourhood amenities
MackayTown and qualities consistent with the Off –licence: Non Complying (is not
Karangahake aspirations of the individual an appropriate activity for the zone)
Turua communities within those areas.
Waihi 2. To develop residential areas free Club –licence: Non Complying (is
Hauraki District Council Local Alcohol Policy Research Document 1036229 Page 10Zone Area zone Summary of Objectives and Summary of Activity Status
applies Policies of Zone (operating a licensed premises)
Waikino from the effects of hazards. not an appropriate activity for the
Whiritoa 3. To avoid, remedy or mitigate any zone)
adverse effect of residential and
non-residential developments on *where an activity is already present
the environment and character of in a zone that it is now non-
the locality. complying it has an existing use
right status. Those activities falling
under visitor accommodation could
have ancillary on-licence
(Discretionary Activity).
Low Density Paeroa 1. To retain land of high productive On –licence: Non Complying (is not
Residential Mackaytown capability for existing and future an appropriate activity for the zone)
Waihi rural production.
Whiritoa 2. Attractive low density residential Off –licence: Non Complying
development which minimise
reverse sensitivity effects on Club –licence: Non Complying
existing rural based activities.
3. Sustain existing urban areas. *As above.
Industrial Ngatea 1. To provide for industrial and On –licence: Non Complying (is not
Paeroa associated activities that support an appropriate activity for the zone)
Kerepehi and strengthen the economic base
Waihi of the District generally, and the Off –licence: Non Complying
main urban areas in particular, and
to provide for future employment Club –licence: Controlled
opportunities.
2. Promote amenity, convenience, * If the Retail activity is ancillary to
health and safety within industrial an Industrial, trade depot or
zones. warehouse it is permitted. Where an
3. Consolidate Town Centres activity is already present in a zone
that it is now non-complying it has
an existing use right status.
Rural Most land 1. To ensure a range of compatible On –licence: Discretionary except in
outside of rural land use activities can be Plains and Waihi Basin Areas (Non-
towns/ undertaken, which benefit from the complying).
townships. productive potential, location and
Includes Kaihere rural character of the zone. Off –licence: As above
2. Land use activities which do not
rely on high productive capabilities Club –licence: Discretionary
of land should not be sited on land
in this area.
Reserve Zone Across the Reserve (active) – Any Building on
(Active & District a Reserve needs a Controlled
Passive) Activity Consent, therefore any
licensed premises is a Discretionary
Activity.
Reserve (passive) –
Club –licence: Non Complying (is
not appropriate for the zone)
On –licence: Non Complying
Off –licence: Non Complying
Hauraki District Council Local Alcohol Policy Research Document 1036229 Page 114.2 Objectives and policies of the Franklin District
Council District Plan
Figure 2: Franklin District Plan Zone Specific Objectives and Policies
Zone Area Zone Summary of Objectives and
Applies Policies of Zone
Village Zone Kaiaua 1. To provide a range of residential Cafe/Restaurant not exceeding 250m2
Whakatiwai lifestyle choices in and adjacent to ground floor area in Seabird Coastal
Waharau existing urban areas. Management Area = Discretionary
2.To safeguard the overall Activity.
character of rural-residential areas.
3.To safeguard the amenity values Premises outside of these specifications
of the Residential Zone while are non-complying.
recognising the need to use urban
land efficiently.
4.To provide appropriately for the
diverse needs of people and
communities to be satisfied within
the residential areas of the District.
Village Kaiaua 1.To permit a wide range of On-Licence: Permitted
Business activities to occur within the Off- licence: Permitted
Zone District’s established “urban” and Club – Permitted
“commercial” areas provided
Performance Standards are
achieved. Only allow business
activities outside of these areas
where any adverse effects can be
effectively addressed.
2.To protect the Residential Zone
and other sensitive areas or
resources from the adverse effects
of business activities.
Hauraki District Council Local Alcohol Policy Research Document 1036229 Page 125 Hauraki District Liquor Licence
Information
This section provides information about the number, location and licensed hours of the Hauraki
District’s licensed premises. It also includes information provided by Population Health, which
compares the number and location of licensed premises in each local authority in the Waikato District
Health Board (WDHB) region.
The Law Commission’s findings recognised that there is a connection between liquor outlet density
and the harm and neighbourhood degradation associated with too many liquor outlets. For this reason
Council has also analysed the number of liquor licences within Ngatea, Paeroa and Waihi relative to
social deprivation and population figures. This will assist Council in understanding patterns of licence
density from a spatial perspective.
5.1 Number and the location of current liquor
licences and licensed premises in the District
As at March 2013, there are a total of 54 licensed premises in the Hauraki District. Some premises
may have both on-licenses and off-licenses, or in one case on, off and club licenses, so there are
more licenses issued than there are physical licensed premises. For a full list of licensed premises see
Appendix A of this report.
There are 64 liquor licenses issued in the Hauraki District. This number includes 21 off-licences, 23
on-licences, and 20 club licences, but excludes other licence types such as special, caterers and
endorsed off-licences, or those licences for conveyances.
35.9% of the licenses are on-licences (23), 32.8% are off-licences (21) and 31.3% are club licences
(20). The table below shows the distribution of the licenses across the District.
Figure 3: Hauraki District Liquor licenses
On-licences Off-licences Club Licences % of
Town/Geographical Area Total District’s
No. % No. % No. % Licences
Paeroa 6 26.1 9 42.9 8 40 23 35.9
Ngatea 1 4.3 2 9.5 4 20 7 10.9
Waihi 6 26.1 5 23.7 5 25 16 25
Karangahake 1 4.3 1 4.8 0 0 2 3.1
Miranda/Kaiaua 2 8.7 2 9.5 1 5 5 7.8
Waikino 3 13.1 1 4.8 0 0 4 6.3
Whiritoa 0 0 1 4.8 1 5 2 3.1
Patetonga/Mangatarata/
3 13.1 0 0 1 5 4 6.3
Kerepehi/Waihi (rural)
Turua 1 4.3 0 0 0 0 1 1.6
TOTAL 23 21 20 64 100%
Hauraki District Council Local Alcohol Policy Research Document 1036229 Page 13Figure 4: Population of Paeroa, Waihi, Ngatea and Kaiaua
Area Town Population (2006 Census) Ward Population (2011 figures)
Ngatea 1,164 Plains Ward: 6,160
Paeroa 3,975 Paeroa Ward: 5,930
Waihi 4,500 Waihi Ward: 6,660
Kaiaua 678 Plains Ward: 6,160
The above table (figure 3) shows that the majority of liquor licenses in the District are issued for two
towns. Paeroa has 35.9% of all licenses in the District and Waihi has 25%. These two towns have the
same number of on-licenses, but Paeroa has nearly double the number of off-licenses than Waihi
does. Paeroa also has more club licenses issued than Waihi.
Paeroa has approximately 1 off-licence per 442 people. Waihi has approximately 1 off-licence per 900
people and Ngatea has approximately 1 off-licence per 582 people.
Comparing the population figures shown in table 4 above, it can be concluded that Paeroa has an
overrepresentation of off-licenses in relation to its population size compared with other towns in the
District. Ngatea also has a higher ratio per capita of off-licensed premises than Waihi.
5.2 Number of licensed premises in the Waikato
District Health Board Region
The table and graph below (Figure 5&6) show the number of liquor licenses issued in each District
within the Waikato District Health Board (WDHB) region. This provides a clear understanding of
distribution of licenses within the WDHB region.
Clearly, as the main population centre of the region, Hamilton city has a significantly higher number of
alcohol outlets than other territorial authorities. Thames-Coromandel has the second highest number.
Interestingly however Hamilton has one of the lowest ratios of licenses per 1,000 people (see Figure
7).
The Hauraki District has a population of approximately 18,750. When the number of off-licenses in the
Hauraki District is compared with Districts of a somewhat comparable population size, i.e. South
Waikato, it is evident that whilst the Hauraki District and South Waikato have a similar number of
licenses issued, the Hauraki District has a greater number of off-licenses.
Figure 5: District population and number of licenses in that District
District Population (2011) Total number of licenses’ issued.
Hamilton 145,600 348
Waikato 64,300 114
Waipa 46,100 127
Matamata-Piako 32,000 100
Thames-Coromandel 27,000 219
South Waikato 22,800 71
Hauraki 18,750 64
Ruapehu 13,400 52
Waitomo 9,630 54
Otorohanga 9,320 28
(Please note that the Ruapehu figure is only for the section of that council that is within the Waikato DHB region.)
Hauraki District Council Local Alcohol Policy Research Document 1036229 Page 14Figure 6: Percentage of total licenses issued in Waikato District Health Board region by license type for
each territorial authority, April 20, 2013.
35.0
30.0
25.0
Percentage of total licenses
20.0
15.0
10.0
5.0
0.0
Hamilton Hauraki Matamata- Otorohanga Ruapehu South Thames- Waikato Waipa Waitomo
Piako Waikato Coromandel
Territorial authority
Club Licences Chartered Club Licences On Licences Off Licences
Figure 7: Total licenses (club, off, on) per 1,000 people by TA in Waikato DHB region. Note: ‘population
usually resident’ from Census 2006 was used and the data only includes the part of Ruapehu the Waikato
DHB covers.
9.00
8.00
7.00
6.00
Licenses per 1,000
5.00
4.00
3.00
2.00
1.00
0.00
Hamilton Hauraki Matamata- Otorohanga Ruapehu South Thames- Waikato Waipa Waitomo
Piako Waikato Coromandel
Territorial authority
While the Hauraki District has the seventh largest population in the WDHB region (out of ten Districts)
it has the fourth highest ratio of licenses per 1,000 people. The Hauraki District has approximately
four liquor licenses issued in the District per 1,000 people. This is a higher ratio than several Districts
in the WDHB region including neighbouring Waikato and Matamata-Piako District Councils.
Hauraki District Council Local Alcohol Policy Research Document 1036229 Page 155.3 Social deprivation and location of off-licensed
premises
Figure 8: Number of off-licence liquor outlets in Waikato DHB region by NZDep06 score.
Number of off‐licence liquor outlets in Waikato
District Health Board region by NZDep06 score
150
Number of outlets
100
50
0
1‐2 3‐4 5‐6 7‐8 9 ‐ 10
NZDep06 score
Figure 9: Number of off-licence outlets in Hauraki District by NZDep06 score
Number of off‐licence liquor outlets in Hauraki
District by NZDep06 score
16
14
N u m b e r o f o u t le t s
12
10
8
6
4
2
0
1‐2 3‐4 5‐6 7‐8 9 ‐ 10
NZDep06 score
Research indicates that the location of both on and off licence premises can impact on the amount of
harm that is caused by alcohol.
A large proportion of off-license alcohol outlets in the WDHB region are in areas with an NZDep2006
score of 7 or higher, with the greatest concentration of off-licenses in areas where social deprivation is
rated 9-10 (Figure 8).
A value of 10 indicates that the meshblock/area is in the most deprived 10 % of areas in New Zealand,
according to the NZDep2006 scores. A meshblock is evaluated against a set of criteria which
determine where on the ‘NZDep2006 index’ it falls. These include income, home ownership,
qualifications, living space, and access to communications and transport.
Hauraki District Council Local Alcohol Policy Research Document 1036229 Page 16The number of off-licenses in comparison to the NZDep2006 score is pronounced in the Hauraki
District (Figure 9). This would suggest that the most vulnerable members of society have the
greatest access to alcohol from off-licenses.20
The Hauraki District has a total of 21 off-licensed premises, and as the above graph displays; 15 of the
21 off-licensed premises in the District are located in areas with a social deprivation rating of 9-10.
This means 72% of the Districts off-licensed premises are located in its highest socially deprived
areas. This is a lot higher than the overall percentage (44%) of off-licensed premises located in areas
with a social deprivation rating of 9-10 in the WDHB region.
5.4 Maps of locations of licensed premises in
Ngatea, Paeroa, and Waihi in relation to social
deprivation ratings
The maps below (figure 10: Ngatea, figure 11: Paeroa & figure 12: Waihi) show the location of
licensed premises in relation to social deprivation meshblocks/areas within each town. While there are
areas with varying degrees of social deprivation ratings within Ngatea, Paeroa and Waihi, each town
also has an overall social deprivation rating. Ngatea has an overall social deprivation score of 6,
Paeroa has a rating of 9 and Waihi is rated a 10. For a list of social deprivation rating for other areas in
the District see figure 16 in section 7.5 of this report.
The map of Ngatea below shows that the on and off licensed premises in Ngatea are located in social
deprivation areas rated 8 and 9, which indicates they are located in areas of high social deprivation.
The majority of off-licensed premises in Paeroa are located in areas with a social deprivation rating of
10. Waihi’s off-licensed premises are located in areas of social deprivation ranging from 8-10.
This reinforces the fact that the majority of the District’s off-licensed premises are located in areas of
high social deprivation.
20
Henderson, R., Waikato District Health Board Report on statistical information for LAP
Development, section 5, 2013.
Hauraki District Council Local Alcohol Policy Research Document 1036229 Page 17Hauraki District Council Local Alcohol Policy Research Document 1036229 Page 18
Hauraki District Council Local Alcohol Policy Research Document 1036229 Page 19
Hauraki District Council Local Alcohol Policy Research Document 1036229 Page 20
5.5 Location of licensed premises in the Waikato
DHB Region in relation to schools
Figure 13: Off-licence alcohol outlets within 2km of a school, Waikato District Health Board Region
The above figure 13 shows that there are a large number of off-licensed premises located within 2
kilometres of schools across the WDHB region.21 The Hauraki District does not appear to have
anymore off-licensed premise within 2 kilometres of a school than its surrounding Districts. It is evident
however, when looking at figure 14 below, that the District has a high proportion of off-licensed
premises within 500 metres of a school compared with other Districts in the WDHB region.
21
Henderson, 2013.
Hauraki District Council Local Alcohol Policy Research Document 1036229 Page 21Figure 14: Off-licence alcohol outlets within 500m of a school, Waikato District Health Board Region
5.6 Location of licensed premises in relation to
schools, early childhood centres and
playgrounds
The Act allows Councils to include policy criteria in an LAP which limits the location of new
applications for licenses by reference to their proximity to premises or facilities of a particular kind or
kinds. Facilities is not defined in the Act so when Council undertook a public LAP questionnaire in
March, 2012, it asked the community their opinion about restricting the location of liquor licenses in
relation to; early childhood centres, primary schools, places of worship, sports facilities, community centres/halls,
playgrounds, and other places that sell alcohol. 85% of the 439 questionnaire respondents agreed that
Hauraki District Council Local Alcohol Policy Research Document 1036229 Page 22there should be a restriction on the issuing of new licences in relation to all of the aforementioned
facilities/premises.
When this issue was discussed with the thirty stakeholders that attended the Sale and Supply of
Alcohol discussion group which was held at the Council Chambers on Friday 24 May, 2013, most of
those participants believed such a restriction in relation to all of the listed facilities/premises was
unrealistic given the small size of the towns in the District. Most participants did however agree that if
any restriction was going to apply to the location of new applications for liquor licences that it should
be in relation to children’s facilities such as schools and playgrounds and not facilities such as sports
grounds or churches. Attendees thought such a restriction should only apply to off-licence liquor
outlets.
It was evident that the majority of attendees agreed with restricting the location of off-licensed
premises in relation to their proximity to existing off-licensed premises in order to limit the density of
off-licensed premises in the District.
To view the location of the licensed premises in the District in relation to schools, early childhood
centres and playgrounds see Appendix C of this report. The maps show a 50 metre buffer around
licensed premises and a 50 and 100 metre buffer around child associated facilities.
5.7 Opening hours of licensed premises
The following section contains information about the maximum licensed hours for Hauraki’s licensed
premises. In practice, some licensees may choose to open for shorter hours than those recorded on
the licence, but this varies at the licensee’s discretion (for example, some premises may be licensed to
open from 7am but choose not to open until 9am).
Council’s Liquor Policy (which was superseded by the Sale and Supply of Alcohol Act, 2012) contains
policies in relation to the opening hours of premises. In general the rules for on-licensed premises and
off-licensed premises in the Hauraki district prior to December 2012 were:
When in proximity to residential dwelling areas or dwellings, a licensed premise can operate
on Monday to Thursday 7.00 am – 11.00 pm and Friday to Sunday 7.00 am – 1.00 am the
following day.
When licensed premises are not in close proximity to residences generally the opening hours
are Monday to Sunday 7.00am – 1.00 am the following day.
Premises holding club licences can generally operate from Monday to Sunday, 8.00am –
1.00am the following day.
There are currently no licenses issued that allow opening hours outside of those hours stipulated in
the Liquor Policy outlined above.
If Council does not adopt an LAP the default national maximum trading hours as outlined in the Act
are:
The hours between 8am on any day and 4am on the next day for the sale and supply of
alcohol for consumption on premises for which an on-licence or a club licence is held.
The hours between 7am and 11pm on any day for the sale of alcohol on premises for which
an off-licence is held.
The above times are subject to sections 47 and 48 of the Act which impose restrictions on the
sale and supply of alcohol on Anzac Day morning, Good Friday, Easter Sunday, and
Christmas Day.
5.8 Noise complaints relating to licensed premises
From May 2010 to May 2013 there have been 3 noise complaints relating to licensed premises in
Ngatea, 1 at Waitakaruru, 15 in Paeroa and 1 in Waihi.
Hauraki District Council Local Alcohol Policy Research Document 1036229 Page 236 Liquor bans (Areas in which bylaws
prohibiting alcohol in public places are
in force)
Liquor bans prohibit people from possessing or consuming alcohol in specified public places. They do
not apply to private property or licensed premises (including outdoor areas subject to a liquor licence).
Prior to the enactment of the Sale and Supply of Alcohol Act, 2012 territorial authorities were entitled
to make liquor ban bylaws under the Local Government Act, 2002 (LGA).They are implemented by
territorial authorities and enforced by the Police.
This section provides an overview of the number and type of bans in place across the Hauraki District
and outlines the key issues associated with drinking in public places.
6.1 Liquor ban locations
The following table outlines current liquor bans in the Hauraki District as set out in Schedule 4 under
section 4.0 ‘Control Over the Possession and Consumption of Liquor in Public Places’ in Part 3 (Public
Safety) of the Hauraki District Council Consolidated Bylaw.
Figure 15: Hauraki District Council Liquor Ban Bylaws
Location Bylaw Period
All public places including roads and reserves are
included in the prohibition within the 50 kilometre
Waihi At all times
speed limit areas of the Waihi township and within
the 70 kilometre speed limit of Seddon Avenue.
All public places including roads and reserves are
Paeroa included within the areas of the township within the At all times
50 kilometre speed limit areas.
All public places including roads and reserves are
Ngatea included within the areas of the township within the At all times
50 kilometre speed limit areas.
From 4 pm 23 December to 4pm 30 December each
Christmas period
year.
From 4 pm 30 December each year to 4am 6
New Year Period
January the following year.
From 4pm Thursday to 4am Tuesday inclusive each
Auckland Anniversary Weekend
Whiritoa year.
From 4pm Thursday to 4am Tuesday inclusive each
Easter Weekend
(All public places year.
including roads, From 4pm Friday to 4am Tuesday inclusive each
beaches and Queen’s Birthday Weekend
year
reserves are
included in the From 4pm Friday to 4am Tuesday inclusive each
Labour Weekend
prohibition.) year.
From 4pm Thursday to 4am Monday inclusive each Any other weekend that has a
year. public holiday on the Friday prior
Any other weekend that has a
From 4pm Friday to 4am Tuesday inclusive each
public holiday on the Monday
year.
after
Hauraki District Council Local Alcohol Policy Research Document 1036229 Page 246.2 Key issues related to drinking in public places The Hauraki District Council introduced a permanent liquor ban in Paeroa, Ngatea and Waihi in 2009. A seasonal/holiday period liquor ban as outlined in figure 15 above was introduced in Whiritoa in 2007. The justification for introducing liquor bans in Paeroa, Ngatea and Waihi is outlined in a Strategic Planning report to Council (43631) dated 2008. The report outlines that the incidences of people consuming liquor within the 50km/hour speed zones of Paeroa, Ngatea and Waihi had increased in recent years creating negative effects associated with the consumption of liquor. In the report it stated that the New Zealand Police believe liquor bans are the most effective tool to address the misuse and negative effects related to liquor consumption in a public place. Attached to that report is an article from the Hauraki Herald dated September 5, 2008, titled ‘Drunks leave their mark in Paeroa’. The article highlights the concerns of the Paeroa Police about the increasing number of patrons leaving the town’s pubs and continuing to drink as they walk down the streets. Alcohol related incidences cited in the article include robbery and vandalism. In November 2012 an application for an additional off-licensed liquor outlet in Waihi was turned down by the liquor licensing agency due to its proximity to a poorly lit carpark in Waihi that attracts undesirable persons at night. The Police noted that 23 incidences involving violence, disorder and liquor had occurred in the carpark over a one year period. This is regarded as a large number of incidences by the Police given the total population of Waihi is 4,500. The Police expressed concern that the addition of other off-licensed premises would exacerbate those problems. In the police LAP questionnaire (refer to section 13 of this report) police staff that work in the District were asked what crime, if any, had been reduced by the introduction of the liquor bans in the Hauraki District. It was unanimous that liquor bans have contributed to a reduction in crime in Ngatea, Paeroa, Waihi and Whiritoa. The types of crime that local police have seen a reduction in since the introduction of liquor bans include disorder, wilful damage (graffiti and broken windows), violence (assaults and domestic violence), shoplifting, and breach of the peace (threats and intimidation). The Police have also noticed a reduction in alcohol related vehicle crashes. It was noted by several Officers that liquor bans have allowed the community to reclaim their streets. Nine of the total thirteen police officers that work in the District think the liquor ban enforced at Whiritoa over the holiday periods should be a permanent liquor ban. For statistics provided by the New Zealand Police about the number of breaches of the Liquor bans in the Hauraki District please refer to section 10.5 of this document. Hauraki District Council Local Alcohol Policy Research Document 1036229 Page 25
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